135/2014 Sb.



LAW



of 18 July 2003. June 2014,



amending certain laws in the context of access to

the activities of banks, credit unions, and securities dealers

papers and supervision



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on banks



Article. (I)



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., Act No. 41/2011 Coll., Act No. 73/2011 Sb.

Act No. 139/2011 Coll., Act No. 188/2011 Coll., Act No. 263/2011 Sb.

Act No 420/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Sb.

Act No. 470/2011 Coll., Act No. 37/2012 Coll., Act No. 254/2012 Sb.

Law No 396/2012 Coll., Act No. 227/2013 Coll., Act No. 241/2013 Sb.

and Act No. 303/2013 Coll., is hereby amended as follows:



1. In article 1 (1). 1 introductory part of the provisions for the word "Union" ^ 1 ") ' shall be

the words "at the same time follows on directly applicable regulation

Union ^ 27) ".



Footnote 27 is added:



"27) the regulation of the European Parliament and of the Council (EU) no 575/13 of 26 February.

June 2013 on prudential requirements for credit institutions and

investment firms and amending Regulation (EC) No 648/2012. ".



2. In footnote 1, the third and fourth sentences, and are deleted at the end of

footnote 1 is on a separate line without the quotes added

the sentence "the directive of the European Parliament and of the Council of 13/36/EC of 26 April 1999.

June 2013 for access to the activity of credit institutions and

the prudential supervision of credit institutions and investment

undertakings, amending Directive 2002/87/EC and repealing directives 2006/48/EC and

2006/49/EC ".



3. In section 1 (1). 4, the first sentence, after the words "bank", the words ",

savings and credit cooperatives, securities traders,

insurance undertakings, reinsurance undertakings ".



4. in article 3, the following new section 3a is inserted:



' section 3a



The Czech National Bank shall exercise the functions of the competent authority and is at the same time

the designated authority in accordance with regulation directly applicable in the European Union

governing the prudential requirements ^ 27). ".



5. In section 4, paragraph 4. 5 (a). (d)), the number "3" shall be replaced by the number "4" and the word

"the Bank" shall be inserted the words "or, in the absence of such a person, the 20 largest

shareholders of the Bank according to the proportion of the voting rights. "



6. In section 4, paragraph 4. 5, letter e) is added:



"e) credibility, competence and experience of the members of the statutory

authority, the members of the Management Board and the Supervisory Board of the Bank and meet other

the requirements of the authorities of the Bank and their members under section 8 ".



7. In section 4, paragraph 4. 5 (a). I) and (j)), the word "g)" shall be replaced by "h").



8. In section 4, paragraph 4. 5 (a). to), the word "future" is deleted.



9. In section 4, paragraph 4. 5 letter l) is added:



"l) the Bank has at least 3 of the employee or of a natural person, which

carry out their activities under the command of another (hereinafter referred to as "the worker"),

holding the Executive control function and are members of the statutory

authority or the Management Board. ".



10. In section 4, paragraph 6 is added:



"(6) the close links, for the purposes of this Act, means the close links

According to the article. 4 (4). 1, point 38 of the European Parliament and of the Council (EU)

No 575/2013. ".



11. In section 4, paragraph 4. 7 the first sentence, the words "the head of the Bank's staff"

replaced by the words "a member of the statutory body, Member of the management board or

Member of the Supervisory Board of the Bank "and in the second sentence, the words" the head of the employee

the Bank "is replaced by" member of the statutory body, the Administrative Council

or member of the Supervisory Board of the Bank ".



12. In section 4, paragraph 8 shall be deleted.



Paragraph 9, renumbered 8.



13. In section 5a paragraph. 4, the words "§ 11 (1). 1 to 3 and 5 shall be replaced by "section

11. 1, 2 and 5 of the "and the words" the second sentence of article 14 "shall be deleted.



14. In section 5a paragraph. 4, the words "4.1-2" shall be replaced by "section 24 paragraph. 2 sentence

the third ".



15. In section 5a paragraph. 6 sentences, the second, third and fourth are deleted.



16. In section 5a is inserted after paragraph 6 a new paragraph 7, which reads as follows:



"(7) the procedure under section 26 of the branch of the Bank of the Member State

apply only



and in the case of violations of sections) 11 (2). 1, 2 and 5,



(b) in the case of violations of sections) 20 c of the clearing banks,



(c) in the case of violation of the law) governing the payment as regards the

the operation of the payment system operated by the Czech National Bank, if it is

a branch of the system (section 20b),



(d) in the case of violations of sections) 38a and obligation to provide information under section 38

paragraph. 2 to 6,



(e)), if it is necessary to ensure financial stability and protection

common interests of clients or investors, foreign banks, and this thing is

need to be addressed without delay (section 5 (3)), or



(f)) after the previous information to the supervisory authority of the country of registered office of a foreign bank

and the European banking authority, if it is necessary to ensure the

protection of financial stability and common interests of clients or investors

a foreign bank because of threats to its liquidity (§ 5MA (1)). ".



The present paragraph 7 shall become paragraph 8.



17. In article 5a, the following paragraph 9 is added:



"(9), Czech National Bank may carry out checks on the spot and require the

information on the activities of that branch of the Bank from a Member State shall exercise

on the territory of the Czech Republic, if it considers it important from the point of view

financial stability in the Czech Republic. The Czech National Bank before

the start of inspections on the spot shall inform the supervisory authority of the State concerned on the

the purpose of the inspection and after its termination shall provide the supervisory authority

all information, which are relevant for the assessment of the riskiness of the Bank

or for financial stability in the Czech Republic. ".



18. In section 5 c of paragraph 1. 3, after the words "the Bank cannot", the words "in accordance with

paragraph 1 ".



19. In section 5 d and 5 m behind the word "Bank", the words "referred to in section 5 c of paragraph 1.

1. "



20. In § 5e, the following paragraph 4 is added:



"(4) a person controlled by the authorized financial institution established in another

the Member State may exercise within the territory of the Czech Republic through the

its branches activity in the same range as the beneficiary of the financial

of the institution. ".



21. In section 5f for the word "Bank", the words "referred to in section 5 c of paragraph 1. 1. "



22. section 5 is added:



"§ 5 g



(1) the supervisory authority of the home State, if it has no doubts about the

the organizational structure and the financial situation of the Bank in accordance with § 5 paragraph. 1 or

legitimate financial institutions in relation to the activities,

It passes within 3 months from the date of receipt of the information referred to in section 5f of this information

together with information on the amount and composition of the capital of the Bank or authorized financial

institutions, with information about its capital ratios according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013, details about insurance

deposit and confirmation according to § 5e paragraph. 2, the supervisory authority of the host

the State, which shall inform the Bank or an authorised financial institution.



(2) in case there are doubts referred to in paragraph 1, the authority

oversight of the State within the time limit referred to in paragraph 1 of the Bank pursuant to section 5 c

paragraph. 1 or an authorised financial institution informs that its

the notification was sent to the supervisory authority of the host State, and your

How to justify. In this case, and in the case where it is not within the time limit referred to in

paragraph 1 of the Bank pursuant to section 5 c of paragraph 1. 1 or authorized financial institutions

by the supervisory authority of the home State to be informed, the Bank

According to § 5 paragraph. 1 or authorized financial institution to seek redress for

Court. ".



23. In section 5 h of paragraph 1. 1, after the word "Bank", the words "in accordance with § 5 c

paragraph. 1 "and the word" or "shall be inserted after the word" justified ".



24. In section 5 h of paragraph 1. 2 and 3, § 5i and section 5 k of paragraph 1. 1, after the word "Bank"

the words "in accordance with § 5 paragraph. 1. "



25. In section 5j, paragraph. 1, after the word "Bank", the words "from the Member

the State ".



26. In section 5j, paragraph. 1 the second to fourth sentences shall be replaced by "authority

supervision of the host State may, from the branch of the Bank of the Member State

or authorized financial institutions require for statistical and

information purposes and for the purposes of exercising supervision according to this law

regular reports on its business activities on the territory of the

the host State and to request information necessary for the decision on the

the designation of a branch as significant under section 5n. ".



27. In section 5j, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.
28. In section 5, paragraph. 1 the words "competent authority" shall be replaced by the words "authority

supervision ".



29. In section 5, paragraph. 1, after the word "State" shall be inserted after the words "on the basis of the

information from the supervisory authority of the home State under section 38h ".



30. In section 5, paragraph. 1 the words "violates the provisions of the legislation in the

the areas which fall within the scope of the host State shall request the

a bank or an authorised financial institution of the termination of this

the infringement ' shall be replaced by the words "violates this law or directly

applicable regulation the European Union governing the prudential requirements

or if there is reason to suspect that violates this law or directly

applicable regulation the European Union governing the prudential requirements

shall notify the supervisory authority of the home State ".



31. In section 5 k at the end of paragraph 1, the following sentence "the supervisory authority

Home State without undue delay shall take appropriate measures to

the remedy under section 26, leading to the Elimination of violations of these regulations

or to avert the risk of such a breach, and shall

the measures taken shall inform the supervisory authority of the host State. ".



32. In section 5 paragraph 2 to 4 including the footnote No. 28:



"(2) if the supervisory authority of the home State has not adopted the measures referred to in

paragraph 1, the supervisory authority of the host State may on this fact

notify the European supervisory authority (European banking authority) ^ 19)

(hereinafter referred to as "the European banking authority"), and ask it about settlement

the dispute in accordance with the regulation directly applicable European Union legislation

supervision of the financial market in the area of banking ^ 28).



(3) If a thing cannot tolerate delay, the supervisory authority of the host State

take appropriate measures in accordance with section 26 or section 26bb to ensure the protection

financial stability and common interests of clients or investors, foreign

Bank in the host Member State. The adoption of such measures

inform the supervisory authority of the home State, the European Commission, the European

banking authority and supervisory authorities of the States concerned. If the authority

oversight or another State concerned disagrees with the measures

adopted by the supervisory authority of the host State may request the European

banking authority settle the dispute according to the directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

banking ^ 28).



(4) the measures provided for in paragraph 3 shall be proportionate to the protection of the financial

stability and common interests of clients or investors, foreign banks in

the host Member State and shall not lead to the preference of the clients or

investors, foreign banks in the host Member State compared to the

clients or investors, foreign banks in other Member States.

The supervisory authority of the host Member State may take the measures referred to in paragraph

3 only until measures are taken to address the decline of the foreign

the Bank according to the law of insolvency the home Member State.

The adoption of these measures, measures under paragraph 3 shall cease to have effect.



28) Article. 19 the European Parliament and of the Council Regulation (EU) no 1093/2010. ".



33. In section 5, paragraph 4, the following paragraph 5 is added:



"(5) the supervisory authority of the host State of the measures referred to in paragraph 3 shall cancel,

If, in its sole discretion, such measures are no longer necessary due to the

measures taken by the supervisory authority of the home State referred to in paragraph 1. ".



The present paragraph 5 shall become paragraph 6.



34. In section 5, paragraph. 6 and section 5, paragraph. 1, after the word "Bank", the words

"according to § 5 paragraph. 1. "



35. In section 5, paragraph. 6, after the word "or" shall be inserted the word "justified".



36. in section 5, the following new section: 5MA



"§ 5MA



(1) the supervisory authority of the host Member State may, after prior information

supervisory authority of the home State and the European banking authority

take measures to ensure the protection of the common interests of the clients or

investors of foreign bank or financial stability in host

Member State if it is threatened by foreign banks whose liquidity

the branch carries out the activity on the territory of the host State, and the supervisory authority

the home State has not taken the necessary measures.



(2) the supervisory authority of the home State may apply to the European

for banking, if you do not agree with the measures adopted by the authority

supervision of the host State, in whose territory the foreign bank shall exercise

activities through a branch, and ask it to settle the dispute in accordance with

directly applicable provision of the European Union relating to the supervision of the

the financial market in the area of banking ^ 28). ".



37. In section 5, paragraph. 1, after the word "Bank", the words "referred to in section 5 c of paragraph 1.

1. "



38. In section 5n, paragraph. 2 the second sentence, the word "l)" shall be replaced by "m"),

the word "n)" shall be replaced by the word ")" and at the end of the text of the second sentence, the

the words "shall be added; authority exercising supervision on a consolidated

the basis for the purposes of this Act, means the authority supervising the

consolidated basis pursuant to article. 4 (4). 1, point 41 of regulation of the European

Parliament and of the Council (EU) no 575/2013 ".



39. In paragraph 5n. 4 the second sentence, the words "in the last 7 days before

the expiry of the Czech National Bank may request the European

for banking on the settlement of the dispute by the directly applicable regulation

The European Union relating to the supervision of the financial market in the area of

banking ^ 20) "shall be replaced by the Czech National Bank will decide on the

the indication of the Member State of the branch of the Bank in a major for 4 months from the

the day when informed about the intent of the supervisory authority referred to in paragraph 2,

or in the same time limit shall be notified to that authority, that from this intention giving way ".



Footnote No. 20 is deleted.



40. In section 5n at the end of paragraph 4, the following sentence "shall take into account

the opinion of this body. ".



41. In section 5n, paragraphs 5 and 6 shall be deleted.



The present paragraph 7 shall become paragraph 5.



42. In section 5n, the following paragraph 6 is added:



"(6) the Czech National Bank can turn to the European authority for the

banking and ask it to settle the dispute by directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

banking ^ 28), if



and the supervisory authority of the home State) does not consult with the Czech National Bank

a plan to restore liquidity by banks based in a Member State, that

operating on the territory of the Czech Republic through the relevant branches, or



(b)), the Czech National Bank does not agree with the plan submitted to the restore

liquidity. ".



43. In section 5 paragraph 2 is added:



"(2) if the Bank carries out the activity on the territory of another Member State

through the relevant branches, shall notify the authorities of the Czech National Bank

supervision of that Member State, the information referred to in section paragraph 38ha. 2 (a). (c))

and (d)), the results of the process of the review and evaluation referred to in section 25 c, will provide

they report on the risk assessment of the group according to § 26 k, paragraph. 2 and in

cooperation with the supervisory authorities of that Member State shall carry out the tasks referred to in

section 26i, paragraph. 1 (a). (c)). Czech National Bank shall notify the supervisory authorities

This member State decisions on corrective measures, which the Bank

stores, where it is a significant decision for this Office. ".



44. In section 5, paragraph. 4 with the number "8" is replaced by "7".



45. In section 5, the following paragraph 6 is added:



"(6) if the Bank carries out the activity on the territory of another Member State

through the relevant branches, shall consult with the Czech National Bank

supervisory authority of that Member State of a plan to restore the liquidity of the Bank

under the condition, that there is a liquidity risk, which could have a significant

the impact on the currency of the host State. ".



46. In section 8 (2). 1, the words "or the Administrative Council" shall be deleted and the end of the

paragraph, the following sentence "the Management Board of the Bank must have at least 5 members,

being a member is a statutory officer. ".



47. In section 8, paragraph 2:



"(2) the statutory Director the Bank must not be at the same time the Chairman of its Board

of the Council; The Czech National Bank may, on the basis of a reasoned proposal of the Bank

enable the concurrent performance of both functions, and assess the impact of overlapping functions

on the soundness of the Bank's activities and performance in relation to their

the nature, scope and complexity and with regard to individual

in the circumstances, in particular, to the



and the sufficiency of time for capacity) the obligations laid down and



(b)) the emergence of a potential conflict of interest. ".



48. In section 8 shall be inserted after paragraph 2 of the new paragraphs 3 to 7 shall be added:



"(3) the Bank shall ensure that the



and a member of the statutory body), a member of its Board of Directors and a member of its

the Supervisory Board has been the person trusted enough to professionally qualified and

experienced,



(b)) have been allocated sufficient human and financial resources for the continuous

the training of the members of the statutory body, the members of the Management Board and the

the members of the Supervisory Board and the



(c)) was carried out the policy of supporting diversity in the selection of the members of the

the statutory body, the members of the Management Board and the Supervisory Board members.



(4) a member of the statutory body, Member of the Management Board and the Supervisory Board

banks throughout the performance of its functions



and) perform their duties properly, honestly and independently, and dedicated to the performance of this

its features enough time capacity,



(b) may at the same time hold function) in the bodies of other legal persons only
If it does not affect the sufficiency of time for filling capacity

duties in the body of the Bank, given the nature, scope and complexity of the

its activities and taking into account individual circumstances,



(c)) in the Bank, which is significant due to their size, internal

the Organization, the nature, scale and complexity of its activities, shall not at the same time

perform functions in the bodies of other legal persons of a larger scope than



1. the performance of one member of the Executive with two non-features

Member, or



2. the performance of the four functions of a non-member.



(5) the Czech National Bank may, on the basis of a reasoned proposal of the Bank

allow a member of the statutory body, the Member of the management board or a member of the

the Supervisory Council of the Bank, which is significant due to its size,

the internal organization, the nature, scale and complexity of its activities,

to hold one additional function of a non-member in the authority of other legal

If it does not affect the proper performance of the duties in the body of the Bank.



(6) for the purposes of the provisions of paragraph 4 (b). (c)) does not function

Member of the legal person, that is not predominantly hire and destinations, and

Furthermore, it is considered a performance the performance of the functions of the Executive and

a non-member in the framework of the



and the same group of the controlling of the Bank),



(b)) of the same institutional protection system according to the article. paragraph 113. 7

Regulation of the European Parliament and of the Council (EU) no 575/2013



(c)), in which the business of the Corporation Bank has qualified participation.



(7) a member of the Executive, for the purposes of this Act, means the Member of the authority,

which the Bank takes the Executive management function. ".



Paragraphs 3 to 5 shall be renumbered as paragraphs 8 to 10.



49. In section 8, paragraph 9 is added:



"(9) a member of the statutory body, a member of the Board of Directors and a member of the Supervisory Board

the Council of the Bank can be only a natural person ".



50. In section 8 (2). 10, the words "paragraph 2 shall apply" shall be replaced by the words

"Paragraphs 4 to 7 shall apply" and the word "employee" shall be replaced by the word

"worker".



51. In section 8a, paragraph 1 reads:



"(1) the members of the statutory body of the Bank or members of the Board of the Bank

who have violated their obligations arising for them from the performance of the duties referred to in

This Act or special legislation or the articles of Association, the

jointly and severally liable for any damage that is incurred by the Bank's creditors, in

as a result of any breach of these obligations, the Bank is not able to fulfil their

debts. ".



52. In section 8b, paragraph. 1 (a). (b)) point 3 shall be replaced by the word "and" with a comma.



53. In section 8b is at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) the provision of trust, professional competence and experience of the members of the

the statutory body, the members of the Management Board and the Supervisory Board and



e) specialist competence and experience of the statutory body,

the Management Board and the Supervisory Board as a whole, to ensure understanding

the activities of the Bank, including sufficient understanding of the main risks. ".



54. In section 8b, paragraph. 2, after the words "be inserted after the word" effective "," and the word

"complexity" is inserted after the words "the risks associated with the model of business and".



55. In section 8b is added after paragraph 2, a new paragraph 3 is added:



"(3) the Bank verifies and regularly evaluate the effectiveness, coherence and

the adequacy of the management and control system in its whole and parts, and

zjednává without undue delay the relevant remedy. ".



Paragraphs 3 to 6 shall be renumbered as paragraphs 4 to 7.



56. In section 8b, paragraph. 4 at the end of the text of the first sentence, the words ",

If the Czech National Bank has been granted a derogation under article 87(3)(a). 7

Regulation of the European Parliament and of the Council (EU) no 575/2013 ".



57. In section 8b, paragraph. 4 (b). and the word ")) ' is replaced by ' l)".



58. In section 8b, paragraph. 4 (b). (b)), the words "or responsible" shall be replaced by the word

"responsible", after the word "persons" shall be inserted the words "or responsible

the Bank, controlled by the mixed financial holding person ", the words") and o) "

shall be replaced by the words "l), r) and t)" and the word "Bank" with the words "

foreign securities dealer, which is not a Bank, ".



59. In section 8b, paragraph. 4 (b). (c)), the word ")" is replaced by "r") "and the word

"or" is deleted.



60. In section 8b, paragraph. 4 (b). (d)), the word ")" is replaced by ")".



61. In section 8b is at the end of paragraph 4, the dot is replaced by "or", and

the following point (e)), which read:



"(e)), the responsible Bank controlled by the mixed financial holding person [section

26 d of paragraph 1. 1 (a). t)].“.



62. In section 8b, paragraph 4 the following paragraph 5 is added:



"(5) the Bank, which has an obligation to establish and maintain command and control

on a consolidated basis, the system shall ensure that the person who controlled her

is not subject to the supervision of the Czech National Bank, has implemented policies and procedures, management

organisational arrangements and other procedures and mechanisms referred to in paragraph 1. From

This obligation may grant an exception to the Czech National Bank, if the Bank

It proves that the introduction of such policies, procedures, arrangements and mechanisms

It is not in accordance with the legislation of the country of residence of the controlled person. ".



Paragraphs 5 to 7 shall be renumbered as paragraphs 6 to 8.



63. In section 8b of the text at the end of paragraph 7, the words ", including

jurisdiction, powers, composition and functioning of the organs and committees of the Bank, as well as

and the requirements for their members, if this is not regulated by directly applicable

the EU regulation governing the prudential requirements, regulation

or a decision of the European Commission ".



64. in section 8b, the following new section 8 c and 8 d are inserted:



"section 8 c



(1) a bank that is significant due to their size, internal

the Organization, the nature, scale and complexity of its activities, shall establish



and risk Committee)



(b)), the Committee for the appointment of



(c) the remuneration Committee).



(2) a Committee for risk, the Nomination Committee and the remuneration Committee are

composed of non-executive members of the Bank.



(3) by a decree of the Czech National Bank establishes the criteria for the assessment of

the significance of the Bank referred to in paragraph 1.



§ 8 d



The Czech National Bank



and information on) uses the remuneration policy in accordance with the article. 450

Regulation of the European Parliament and of the Council (EU) no 575/2013 for comparison

the trends and practices of the remuneration,



(b) if the Bank) with regard to the nature, scale and complexity of the

their activities does not rely only on external credit assessment

the assessment of the credit standing of entity, or a financial instrument, which

for the purposes of this Act, means the financial instrument referred to in article. 4 (4). 1

section 50 of regulation of the European Parliament and of the Council (EU) no 575/2013



(c) monitor the extent of volume) of risk-weighted exposure amounts or capital

the requirements of the Bank, with the exception of the capital requirements for operational risk,

for exposure or transactions in the comparative portfolio resulting from the

internal approaches of the Bank; operating risk, for the purposes of this Act,

means the operational risk according to the article. 4 (4). 1, point 52 of the regulation of the European

Parliament and of the Council (EU) no 575/2013



(d) at least once a year) will evaluate the quality of the Bank's internal approaches



(e)) shall take corrective measures, if internal access leads to an underestimation of the

the capital requirements of banks, which is not the result of existing differences

in positions or exposures; measures to address the objectives of the internal preserves the

access,



(f)) monitors the developments in connection with liquidity risk profiles,



g) shall adopt the measures referred to in point (f), if the development) can lead to

the instability of banks or system instability,



h) uses the information on the diversity policy in accordance with the article.

435 European Parliament and Council Regulation (EU) no 575/2013 for comparison

policies supporting diversity of selection of the members of the statutory body,

the members of the Management Board and the Supervisory Board of the Bank. ".



65. In section 9 (2). 1 (a). (b)), the words "senior employees" shall be replaced by

the words "the members of the statutory body, the members of the Administrative Board and of the members of the supervisory

the Council of the Bank ".



66. In section 9 (2). 1 (a). (c)), the word "workers" shall be replaced by

"the workers".



67. In article 9, paragraph 1, the following paragraph 2 is added:



"(2) the Bank may also adjust the power in the statutes of the general meeting



and in the Treaty on) set the performance level of the function of the ratio between fixed and

variable component of remuneration higher than 100%, with the overall level of

the variable component shall not exceed, for any of the individual 200% fixed

the folder its total rewards, or



b) instruct the Supervisory Board or the Management Board, if approved the Treaty on

the performance features, determine the level of the ratio between a fixed and a variable component

the rewards are higher than 100%, with the overall level of the variable components may not

not exceed 200% of any individual fixed component of its total

remuneration. ".



Paragraph 2 becomes paragraph 3.



68. In section 10, paragraph 1. 1 the words "banks are required to" be replaced by "Bank

is required ".



69. In section 10, paragraph 1. 2 the word "Bank" shall be replaced by the word "Bank" and the words

"shall" shall be replaced by "shall".



70. under section 10, the following section 10a is inserted:



"§ 10a



(1) the Bank shall establish procedures for its staff for internal reporting

violation or impending violation of this law, it law

implementing or directly applicable regulation in the European Union
prudential requirements through special legislation,

independent and separate communication channel.



(2) the Czech National Bank will put in place an effective mechanism to report violations of

or threatened violation of this law, it law

implementing or directly applicable regulation in the European Union

governing the prudential requirements and informs you about it in a way

enabling remote access; This mechanism includes at least



and the procedures for reporting violations of) or impending violation of Czech national

the Bank and their evaluation of the Czech National Bank,



(b) the protection of the person) reports the infringement or threatened infringement; If

This is the worker of the Bank, the Czech National Bank and the Bank shall ensure the protection of the

at least against discrimination or other kinds of unfair treatment,



(c)), the protection of personal data of the person who reports the infringement or threatened

violation of or that is allegedly responsible for the infringement or threatened

violation of, unless disclosure is required by national law, in

connection with another investigation or subsequent legal proceedings.



(3) by a decree of the Czech National Bank provides the requirements for the procedures of the Bank

referred to in paragraph 1, including ensuring the same level of protection as is

required in accordance with paragraph 2 (a). (b)), and (c)).



(4) the internal reporting Procedures referred to in paragraph 1 may be established on the

the basis of the agreement with the social partners, through or with the

using channels of communication of these partners, while ensuring the same

extent of protection as is required by paragraph 2 (a). (b)), and (c)). ".



71. In section 11 (1). 3 the first sentence, the words "the Bank or branch of a foreign

the Bank "shall be replaced by the words" the Bank branch from other than the Member State ".



72. In section 11 (1). 3, the second sentence shall be deleted.



73. In section 11a is added at the end of the heading "branches of banks from other

than the Member State ".



74. In the § 11a paragraph 1 and 2 shall be added:



"(1) a branch of the Bank other than the Member State will publish information about yourself

and its activities and data on the performance of prudential rules.



(2) a branch of the Bank other than the Member State shall publish the way

enabling remote access to information about who and how

publishes information on foreign bank. ".



75. In section 11a, paragraphs 3 to 5, including the footnotes no 3b and 15

shall be deleted.



Paragraphs 6 to 10 shall be renumbered as paragraphs 3 to 7.



76. In § 11a paragraph. 3 and § 11a paragraph. 7, the words "the Bank and branch"

shall be replaced by the word "Branch".



77. In § 11a paragraph. 3 (b). and) the words "(section 12a)" are deleted.



78. In § 11a paragraph. 3 (b). (b)), after the word "status", the words

"the foreign", the word "spoil" is added after the word "her" and

the word "Bank" shall be deleted.



79. In § 11a paragraph. 3 (b). (c)), the words ", if the", the words

"the foreign".



80. In § 11a paragraph. 4, the first sentence, the words "Bank and" shall be deleted and the word

"neuveřejnily" shall be replaced by the word "neuveřejnila".



81. In § 11a paragraph. 4, the words "the Bank and branch of the Bank from other than

However, the Member State shall bring into force "is replaced by" Bank branch from another

than the Member State stating the "and the words" which should be "shall be replaced by the words

"you should."



82. In section 11a shall at the end of the text of paragraph 5, the words "and of the branch

banks from other than the Member State ".



83. In § 11a paragraph. 6 letter a) is added:



"and the data intended for) the content of the publication, as well as the form, method,

structure, periodicity and deadlines of publishing data ".



84. In § 11a paragraph. 6 at the end of subparagraph (b)), the word "and" shall be replaced by the dot and

subparagraph (c)) shall be deleted.



85. In § 11a paragraph. 7 the second sentence, after the words "takes", the words ",

maintains and applies ".



86. In § 11a paragraph. 7 the last sentence, the words "the Bank or" shall be deleted and the number of

"6" shall be replaced by the number "3".



87. under section 11a is added to section 11b, which including the title:



"section 11b



Disclosure of information to the controlling entities and banks



(1) the Bank publishes basic details about yourself, about the composition of shareholders,

the structure of the consolidated Group, which is part of the, and of its activities and

the financial situation.



(2) the Bank established the obligation on a consolidated basis

under this Act, or by directly applicable regulation

Union governing the prudential requirements, published annually

for information about the



and related relations between members) of the consolidated Group, including

information about the close link,



(b)) the management and control system under section 8b, paragraph. 1 (a). and (e)),)



(c)) the management and control system of the consolidation unit under section 8b, paragraph.

4.



(3) the Bank shall fulfil the obligation under paragraph 2 and by posting the link to the

the place where such information is available.



(4) the Czech National Bank may provide less than the yearly periodicity

disclosure of information by banks, according to the eighth section of the regulation of the European

Parliament and of the Council (EU) no 575/2013.



(5) the Bank will publish in its annual report key indicators

the return on its assets, expressed as a percentage of net profit and total

the balance sheet total.



(6) the Bank publishes information on how compliance with the requirements on the management and

control system, in a manner enabling remote access.



(7) the Czech National Bank



and Decree) lays down the scope of data for disclosure pursuant to paragraphs

1 to 3, as well as form, the way the structure and limits the disclosure of data, and

the periodicity of the publication of the information referred to in paragraph 1,



(b) may lay down the periodicity of the Decree) in accordance with paragraph 4, the time limit and method

the disclosure of information,



(c)) provides a range of information designed to Decree public disclosure by

paragraph 6, as well as the form, method, structure, periodicity and deadlines

the disclosure of the information. ".



88. the following section is inserted after section 11b 11 c is inserted:



"section 11 c



(1) the Bank shall publish for the immediately preceding financial

period with a resolution by Member States other than

Member States in which the controlled person or branch,



and enumeration of the activities) carries out, and their geographical location,



(b))



(c) the number of staff) calculated on full-time staff equivalents

working time,



d) the profit or loss before tax,



e) corporate income tax or a similar tax paid abroad

or loss,



(f) public aid).



(2) the information referred to in paragraph 1 shall be published in the annex to the annual accounts

or if he shall draw up the consolidated financial statements, in

the annex to the consolidated financial statements.



(3) the Auditor in the course of their audit work also verifies the information

referred to in paragraph 1. ".



89. In section 12a shall at the end of the title, the words "the Bank branch from another

than the Member State ".



90. In section 12a paragraph 1 reads:



"(1) a branch of the Bank other than the Member State complies with the continuously

the capital ratio of at least 8%. Capital ratio means

the percentage of the capital to total risk exposure. Capital

Bank branch from other than the Member State must not fall below the minimum

the amount of the financial resources provided by her foreign bank under section 5

paragraph. 4 (b). a).“.



91. Article 12a, paragraph 2 shall be deleted.



Paragraphs 3 to 10 shall be renumbered as paragraphs 2 to 9.



92. In section 12a paragraph. 2, 3 and 9, the words "Bank and" are deleted.



93. In section 12a paragraph. 2, the words "or special approaches" are replaced by the words

"access, internal access or internal model".



94. In section 12a paragraph. 3, the words "special access" shall be replaced by the words

"internal access".



95. In section 12a, paragraphs 4 to 8, including footnote. 21st.



Paragraph 9 shall become paragraph 4.



96. In section 12a paragraph. 4 letter a) is added:



") the rules for calculating the capital ratio, which includes procedures,

that branch of the Bank other than the Member State applies the rules

for the determination of capital rules for the determination of the total risk

exposure, identification of individual capital requirements and the definition of

approaches for their calculation, including the determination of terms and conditions for use

internal approaches and internal models for the calculation of capital

requirements, and rules for the transfer of the risks ".



97. In section 12a paragraph. 4 (b). (b)), the word "special" is replaced by

"internal" and the words "4 or 5" shall be replaced by the number "3".



98. In section 12a paragraph. 4 (b). (c)), the word "special" is replaced by

"internal".



99. section 12b:



"section 12b



For the calculation of capital requirements by using the credit rating of the debtor

issued by another person uses the Bank branch from another Member

the State's credit rating only if it is issued or recognised

credit rating agency or another person registered to the list maintained by the

The European banking authority or export credit agency

that exposes their credit ratings and adheres to an agreed methodology

The Organization for economic cooperation and development, which the branch

the Bank has chosen and consistently uses it. ".



100. In section 12 c of paragraph 1. 1, the second sentence shall be deleted.



101. In § 12 c paragraph 3 is added:



"(3) the obligations laid down in paragraphs 1 and 2 has on the individual

the basis of the only bank that



and is not controlled by the controlling shareholder) domestic Bank [section 26 d, paragraph 1 (b). l)],
domestic financial holding person [section 26 d, paragraph 1 (b), n)] or

domestic mixed financial holding person [section 26 d, paragraph 1 (a).

p)],



(b)) is not a responsible Bank in the Group of foreign controlling Bank [section 26 d

paragraph. 1 (a). with)] or a responsible Bank in the Group of the European financial

holding the person or another bank in such a group,



(c)) is not a responsible Bank controlled the European mixed financial

holding the person or by another bank operated a mixed financial

holding a person,



(d) control of another bank) savings and loan cooperative, foreign

a Bank, a securities dealer, which is not a Bank, foreign

Merchant securities, which is not a foreign bank, the financial

institution or ancillary services undertaking, or



(e)) is not included in the consolidation pursuant to article. 19 of the regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



102. Section 12 c of paragraph 1. 4 of the introductory part of the provisions for the word "basis"

the words "to the extent and in the manner provided for in title II of part one

Chapter 2, sections 2 and 3 of the regulation of the European Parliament and of the Council (EU) No.

575/2013 ".



103. In section 12 c of paragraph 1. 4 (b). and the word ")) ' is replaced by ' l)".



104. In section 12 c of paragraph 1. 4 (b)):



"(b)) controlling the Bank, but is not the controlling domestic Bank,

a responsible Bank in the Group of the financial holding of the person or responsible

the Bank, controlled by the mixed financial holding person [section 26 d (1)

(a). (b)) l), r) and t)], and a member of its consolidation unit is

the foreign bank, the foreign securities dealer that is not

the Bank or financial institutions which have their head office in a non-member

State ".



105. In section 12 c of paragraph 1. 4 (b). (c)), the word ")" is replaced by "r") and

the word "or" shall be deleted.



106. In section 12 c of paragraph 1. 4 (b). (d)), the word ")" is replaced by ")".



107. In § 12 c at the end of paragraph 4, the dot is replaced by "or", and

the following point (e)), which read:



"(e)), the responsible Bank controlled by the mixed financial holding person [section

26 d of paragraph 1. 1 (a). t)].“.



108. under § 12 c 12d is inserted after section up to 12 l, including headings and

footnote No. 29:



"section 12d



The combined capital reserve



(1) the Bank continuously keeps the equity tier 1 capital according to the article. 50 of the regulation

The European Parliament and of the Council (EU) no 575/2013 in the amount corresponding to the

the combined capital reserve, over and above the capital requirements

According to the article. 92 of the European Parliament and of the Council (EU) no 575/2013

the capital requirements imposed on her through the corrective measures and

other measures provided for in this Act or other legislation and,

taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk.



(3) the Bank maintains the capital reserve pursuant to paragraph 2 (a). and (c))) up to the

individual and consolidated basis according to the part of the first head of the second

Regulation of the European Parliament and of the Council (EU) no 575/2013.



(4) if the Bank does not maintain a combined capital reserve in the

the amount may not split the proportion of profit after taxation, and within 5 working

days from the date, when the decrease in combined capital reserves under the

the rate of the Czech National Bank, shall submit a request for approval of a plan

to restore the capital. The Czech National Bank may extend this period up to

10 working days depending on the individual situation assessment

the Bank, taking into account the scale and complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, the Bank in the

the prescribed period meets the combined capital reserve. If The Czech

the National Bank does not approve the renewal of the capital plan, measures to

the remedy under section 26(3). 2 (a). and point 12) or § 26 paragraph. 2 (a). (e)).



(6) the Czech National Bank establishes by Decree



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after taxation referred to in paragraph

4,



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 12e



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 12f



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c) the specifics of the Czech national economy),



(d) the recommendation issued by the European Council) for systemic risks.



(3) the Czech National Bank on a quarterly basis provides a rate of countercyclical

capital reserves for the Czech Republic, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks,



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserve referred to in paragraph 3 shall be

0% up to 2.5% of the total risk exposure according to the article. 92

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, the Czech National Bank

lay down this rate higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3,



(b)) a day on which banks are required to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year,



f) tentative specified period, after which the Czech National Bank expects

the rate referred to in paragraph 5 (a). and justification) will not be increased, including the length of the

This period, when the rate was countercyclical capital reserves

reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 12 g



(1) the Bank shall apply the rate of countercyclical capital reserves for another

the Member State in which the level set by the competent authority or a designated authority

This member State ^ 29), if this rate was fixed up to 2.5

% of total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. In this case, the Bank

uses the rate set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for another Member State pursuant to

paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 12



(1) the Bank shall apply the rate of countercyclical capital reserves for other than

the Member State in which the level determined by the authority of this State,
If this rate was fixed up to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



(2) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserve less than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank may increase the rate of up to

2.5%, if it considers it necessary in terms of the risks associated with the volume

granted loans in that State. In this case, the Bank shall apply

the rate set by the Czech National Bank.



(3) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserves higher than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank recognised or accepted this rate

rate of 2.5%. In this case, the Bank shall apply the rate provided for

The Czech National Bank.



(4) if the competent authority of a Member State other than the rate

countercyclical capital buffers determined, the Czech National Bank may

This rate set up to 2.5% of the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. In this case, the Bank shall apply the rate provided for the Czech

the National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for other than the Member State

in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



section 12i



(1) the Czech National Bank may provide to banks, a group of generically

the designated banks or individual bank continuously maintain capital

reserve to cover systemic risk to the individual and consolidated

the basis of the second part of the first head, by the regulation of the European Parliament and of the

The Council (EU) no 575/2013, and above the capital requirements under article. 92

This regulation, capital requirements imposed by the Bank through

measures to redress and other measures under this Act or any other

legislation and taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State or a non-Member State. Czech

the National Bank takes into account when setting rates to above rates

not have an adverse impact on the financial market as a whole or in part in the

other Member States of the European Union or of the European Union and has not been

an obstacle to the functioning of the single market. The Czech National Bank

reviewing the reasons for the determination of capital reserves to cover

systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the data needed to identify a bank is required to maintain

the capital reserve to cover systemic risk,



(c)) the date from which the bank concerned is obliged to rate referred to in subparagraph (a))

use,



(d)) names of States, covered by the rate under (a)).



section 12j



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013

exception of articles 458 and 459 of this regulation,



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

prior to the date of issue of the decision or action of a general nature referred to in section 12i

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature referred to in section paragraph 12i. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States, must

be the rate of the capital reserves to cover systemic risk is the same for

all the Member States.



(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States issued a recommendation to recognise the rate of capital reserves to cover

systemic risk set by the Czech National Bank for the Czech

the Republic.



§ 12 k



(1) If the competent authority or a designated authority of another Member State

set for that Member State, the rate of capital reserves to cover

systemic risk, the Czech National Bank rate for the purposes of calculating

capital reserves to cover systemic risk and decision or

measures of a general nature referred to in section paragraph 12i. 3 this rate. Czech

the National Bank before setting the rates take into account the information referred to in

notification to the competent authority of the Member State concerned.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State.



§ 12 l



(1) when issuing the measures of a general nature referred to in section 12f to 12i section 172 and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 12i paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) Against the measures of a general nature issued by the Bank or branch

foreign banks to submit a written reasoned objections within the time limit to 10

working days from the date of its notification. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision under section 12i

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons.



29) Article. 4 (4). 1 point 40 and article. paragraph 458. 1 regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



109. In section 12j, the following paragraphs 6 and 7 are added:



"(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature referred to in section paragraph 12i. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for the Bank, whose

controlling person has its registered office in another Member State, and the Czech National Bank

and the competent authorities, or the authorities designated by the Member State concerned shall

disagree, or in the case where the opinions of the European Commission and the European

the Council for system risks are ' no ', the Czech National Bank may

refer the matter for decision to the European banking authority in accordance with

directly applicable provision of the European Union relating to the supervision of the

the financial market in the area of banking ^ 28). The Czech National Bank

decisions or measures of a general nature referred to in section paragraph 12i. 3,

until in the matter unless the European banking authority ".



110. the following section shall be inserted a new section 12 l 12 m up to 12 x, including headings

added:



"§ 12 m



The combined capital reserve



(1) the Bank continuously keeps the equity tier 1 capital according to the article. 50 of the regulation

The European Parliament and of the Council (EU) no 575/2013 in the amount corresponding to the

the combined capital reserve, over and above the capital requirements

According to the article. 92 of the European Parliament and of the Council (EU) no 575/2013

the capital requirements imposed on her through the corrective measures and

other measures provided for in this Act or other legislation and,

taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk,



(d)) for the global capital of systemically significant institution



e) capital for another systemically significant institution.



(3) the Bank maintains the capital reserve pursuant to paragraph 2 (a). and (c)))

(e)), on an individual and consolidated basis according to the part of the first head

the second regulation of the European Parliament and of the Council (EU) no 575//2013. Bank

maintains a capital reserve referred to in paragraph 2 (a). (d)) on the consolidated

the basis of the second part of the first head, by the regulation of the European Parliament and of the

The Council (EU) no 575/2013. The obligation to maintain the capital reserve according to the

paragraph 2 (a). (d)) and e) also has a responsible Bank in the Group of the European

financial holding the person or responsible Bank controlled by the European

mixed financial holding person, if this European financial

holding the person or the European mixed financial holding the person was

systemically significant institutions identified as referred to in section paragraph 12u. 2 or §

12V, paragraph. 2.



(4) if the Bank does not maintain a combined capital reserve in the

the amount may not split the proportion of profit after taxation, and within 5 working

days from the date, when the decrease in combined capital reserves under the

the rate of the Czech National Bank, shall submit a request for approval of a plan

to restore the capital. The Czech National Bank may extend this period up to

10 working days depending on the individual situation assessment

the Bank, taking into account the scale and complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, the Bank in the

the prescribed period meets the combined capital reserve. If The Czech

the National Bank does not approve the renewal of the capital plan, measures to

the remedy under section 26(3). 2 (a). and point 13) or § 26 paragraph. 2 (a). (f)).



(6) the Czech National Bank establishes by Decree



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after taxation referred to in paragraph

4,



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 12n



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 120s



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c) the specifics of the Czech national economy),



(d) the recommendation issued by the European Council) for systemic risks.



(3) the Czech National Bank on a quarterly basis provides a rate of countercyclical

capital reserves for the Czech Republic, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks,



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserves pursuant to paragraph 3 of the regulation

The European Parliament and of the Council (EU) no 575/2013 shall be at the rate of 0% to

2.5% of the total risk exposure according to the article. paragraph 92. 3 in the

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, the Czech National Bank

lay down this rate higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3,



(b)) a day on which banks are required to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year,



f) tentative specified period, after which the Czech National Bank expects

the rate referred to in paragraph 5 (a). and justification) will not be increased, including the length of the

This period, when the rate was countercyclical capital reserves

reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 12 p



(1) the Bank shall apply the rate of countercyclical capital reserves for another

the Member State in which the level set by the competent authority or a designated authority

This member State ^ 29), if this rate was fixed up to 2.5

% of total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. In this case, the Bank

uses the rate set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for another Member State pursuant to

paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 12q



(1) the Bank shall apply the rate of countercyclical capital reserves for other than

the Member State in which the level determined by the authority of this State,

If this rate was fixed up to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.
(2) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserve less than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank may increase the rate of up to

2.5%, if it considers it necessary in terms of the risks associated with the volume

granted loans in that State. In this case, the Bank shall apply

the rate set by the Czech National Bank.



(3) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserves higher than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank recognised or accepted this rate

rate of 2.5%. In this case, the Bank shall apply the rate provided for

The Czech National Bank.



(4) if the competent authority of a Member State other than the rate

countercyclical capital buffers determined, the Czech National Bank may

This rate set up to 2.5% of the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. In this case, the Bank shall apply the rate provided for the Czech

the National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for other than the Member State

in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))

for the purposes of the calculation of the combined capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



§ 12r



(1) the Czech National Bank may provide to banks, a group of generically

the designated banks or individual bank continuously maintain capital

reserve to cover systemic risk to the individual and consolidated

the basis of the second part of the first head, by the regulation of the European Parliament and of the

The Council (EU) no 575/2013, and above the capital requirements under article. 92

This regulation, capital requirements imposed by the Bank through

measures to redress and other measures under this Act or any other

legislation and taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State or a non-Member State. Czech

the National Bank takes into account when setting rates to above rates

not have an adverse impact on the financial market as a whole or in part in the

other Member States of the European Union or of the European Union and has not been

an obstacle to the functioning of the single market. The Czech National Bank

reviewing the reasons for the determination of capital reserves to cover

systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the data needed to identify a bank is required to maintain

the capital reserve to cover systemic risk,



(c)) the date from which the bank concerned is obliged to rate referred to in subparagraph (a))

use,



(d)) names of States, covered by the rate under (a)).



section 725



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013

exception of articles 458 and 459 of this regulation,



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

before the date of issuing of the decision or action of a general nature according to § 12r

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature according to § 12r paragraph. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States, must

be the rate of the capital reserves to cover systemic risk is the same for

all the Member States.



(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States issued a recommendation to recognise the rate of capital reserves to cover

systemic risk set by the Czech National Bank for the Czech

the Republic.



(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature according to § 12r paragraph. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for the Bank, whose

controlling person has its registered office in another Member State, and the Czech National Bank

and the competent authorities, or the authorities designated by the Member State concerned shall

disagree, or in the case where the opinions of the European Commission and the European

the Council for system risks are ' no ', the Czech National Bank may

refer the matter for decision to the European banking authority in accordance with

directly applicable provision of the European Union relating to the supervision of the

the financial market in the area of banking ^ 28). The Czech National Bank

decisions or measures of a general nature according to § 12r paragraph. 3,

until in the matter unless the European banking authority.



§ 12t



(1) If the competent authority or a designated authority of another Member State

set for that Member State, the rate of capital reserves to cover

systemic risk, the Czech National Bank rate for the purposes of calculating

capital reserves to cover systemic risk and decision or

measures of a general nature according to § 12r paragraph. 3 this rate. Czech

the National Bank before setting the rates take into account the information referred to in

notification to the competent authority of the Member State concerned.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State.



§ 12u



Capital reserve for global systemically important institution



(1) the Czech National Bank decides that the Bank, which has been identified as

Global systemically important institutions, continuously maintain capital
reserve for global systemically important institution on a consolidated

the basis of the second part of the first head, by the regulation of the European Parliament and of the

The Council (EU) no 575/2013, and above the capital requirements under article. 92

This regulation, capital requirements imposed on her through the

measures to redress and other measures under this Act or any other

legislation and taking into account the internal capital.



(2) the Czech National Bank will decide on the destination global systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. As a global

systemically significant institutions may be designated European controlling the Bank,

European financial holding person, European mixed financial

holding the person or Bank, with the exception of the Bank controlled by the European

the controlling institutions, European financial holding the person or

European mixed financial holding person.



(3) the Czech National Bank establishes the importance of the global system

systemically relevant institution on the basis of the following criteria:



and the size of the Group) global systemically relevant institutions,



(b)) the Group global interconnectedness of systemically relevant institutions with

the financial system,



(c)) the substitutability of the services provided by global systemically

significant institutions,



(d)) the complexity of the global group of systemically relevant institutions,



e) cross-border activity of the Group global systemically relevant institution.



(4) the Czech National Bank will decide on the inclusion of global systemically important

the institution into one of 5 categories on the basis of the evaluation

the relevance of the institution, while the system is governed by the methodology set out

the European Commission decision or regulation. The Czech National Bank may in

justified cases include global systemically important institution

in the category with the higher systemic significance and in some of the categories

may include also the institution that has not been designated as systemically

significant. The Czech National Bank shall inform the European banking authority

of the cases referred to in the second sentence, and indicate the reasons for so doing.



(5) the Czech National Bank establishes by decree for each category

systemic significance for global capital reserve rate system

an important institution, and for the institutions listed in category with

the lowest level of systemic significance lays down this rate of 1% and

for institutions classified in the category with the highest level of system

the significance of 3.5% of the total risk exposure by

Article 92, paragraph. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. The Czech National Bank establishes the rate to the fourth category in the

multiples of 0.5 percentage point.



(6) the Czech National Bank shall inform the European Commission, the European

banking and the European systemic risk Council of the names of the institutions,

that have been identified as global systemically important.



§ 12v



Capital reserve for another important institution system



(1) the Czech National Bank may provide to the Bank, which has been marked

as other systemically significant institutions, continuously maintain capital

reserve for another systemically important institution on a individual and

consolidated basis according to the second part of the first head of regulation

The European Parliament and of the Council (EU) no 575/2013, over and above the requirements of the

in the capital, according to the article. 92 this regulation, capital requirements imposed

her through the corrective measures and other measures referred to in this

Act or other legislation and taking into account internally

capital.



(2) the Czech National Bank will decide on the destination of the other systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. Like other

systemically significant institution can be marked with the European controlling

Bank, the European financial holding person, European mixed financial

holding the person or Bank.



(3) the Czech National Bank establishes the significance of other system-system

significant institutions, at least one of the following criteria:



and the size of the institution) or group other systemically relevant institution



(b)) the importance of the institution or other systemically relevant institution of the group for the

the economy of the European Union or the Czech Republic,



(c)) the importance of cross-border activities of the institution or other systemically group

significant institutions, or



(d)), the interconnectedness of the institution or other systemically relevant institution group

with the financial system.



(4) the Czech National Bank may decide on the fixing of rates of capital

reserves for other systemically significant institution in the amount of 2% of the total

the volume of risk exposure according to the article. paragraph 92. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013, taking into account system

the relevance of the institutions referred to in paragraph 3. The Czech National Bank in

determination of the rate takes into account the fact that the amount of rates had a negative impact

on the financial market as a whole or in part in other Member States

The European Union or the European Union, and not an obstacle to the functioning of the

of the single market. The Czech National Bank is reviewing a request to

capital reserve for another important institution at least systemically

Once a year.



(5) the Czech National Bank shall notify the intention to establish or change rate

capital reserves for another important institution the European system

the Commission, the European banking authority, the European Council for system

risks and to the competent authorities or to the designated authorities of the States concerned

not later than 1 month before the date of the decision referred to in paragraph 4.



(6) the notice referred to in paragraph 5 contains



and the capital reserve) rate for another major institution system



(b)) of the rates referred to in point (a)) in terms of its effectiveness and

mitigate the risk, the adequacy of



(c) the likely) the assessment of the positive and negative impacts of the establishment of

capital reserves for other systemically important institution on the single

the market of the European Union on the basis of the information available to the Czech National Bank.



(7) if the other institution is systemically significant controlled by global

systemically significant institution or other systemically significant institutions,

that is the European controlling Bank and is required to maintain a capital

reserve for another important institution on a consolidated system

basis, then the capital reserve for this other systemically important

the institution on an individual or subconsolidated basis, according to the article. 4

paragraph. 1 point of 49 European Parliament and Council Regulation (EU) no 575/2013

must not be higher than the higher of the following values:



a) 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, or



b) capital reserves are calculated from the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013 rate capital reserves for global system

a major institution or the rate of the capital reserves for another system

an important institution applied to a group on a consolidated basis.



§ 12w



(1) the Czech National Bank is reviewing the determination of the global system

major institutions and other systemically important institutions and inclusion

Global systemically important institutions in the category system

significance of once a year. The Czech National Bank on the outcome of the review

shall inform the concerned systemically relevant institutions, European Commission,

The European banking authority and the European systemic risk Council.



(2) the Czech National Bank publishes in a manner enabling remote access

the current list of institutions that have been identified as global system

relevant or as other systemically significant, and the category system

of significance, to which the global systemically important institutions

included.



§ 12 x



(1) when issuing the measures of a general nature referred to in section 12o to 12r section 172 and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 12r paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) Against the measures of a general nature issued by the Bank or branch

foreign banks to submit a written reasoned objections within the time limit to 10

working days from the date of its notification. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision according to § 12r

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons. ".



111. section 13:



"section 13



(1) a branch of the Bank other than the Member State complies with the rules

limit the amount of assets and off-balance sheet items to the person or group

persons depending on the capital. These rules include, in particular, the definition of
large exposures, the method of determining their values, ensure

eligible for the calculation of the exposures, exposures, which can be used to exclude

for the purposes of monitoring limits, and limits on large exposures.



(2) the Czech National Bank establishes by Decree the rules referred to in paragraph 1. ".



112. In the introductory part of the provisions of section 14, the words "the Bank and branch"

shall be replaced by the word "Branch", the words "the Bank and a branch of a foreign bank"

replaced by the words "Bank branch from other than the Member State" and the text "(§

15) "shall be deleted.



113. In article 14, the present text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) the Bank shall be obliged to observe the rules referred to in paragraph 1 (b). (b))

(d)).



(3) the Czech National Bank establishes by Decree the rules referred to in paragraph 1 for the

the Bank and subsidiaries of banks from other than Member States. ".



114. section 15 reads as follows:



"§ 15



(1) by a decree of the Czech National Bank establishes the rules of procedure in accordance with § 12.



(2) the Czech National Bank adjusts in the Decree, which is empowered to issue a

According to the § 11a paragraph. 6, section 12a paragraph. 4, section 13 (3). 2 and § 14 paragraph. 3,

rules and requirements for the operation of bank branches from other than the Member

the States in a manner comparable with the adjustment of these rules and requirements directly

the applicable law of the European Union governing the prudential

requirements. ".



115. In section 16. 2 (a). (b)), the words "in places the heads

employees "shall be replaced by" in the statutory authority, the Management Board and

the Supervisory Board ".



116. In section 16a, paragraph. 2, after the words "§ 5 d through Word

"justified".



117. In section 16a, paragraph. 2, after the word "or" shall be inserted the word "justified".



118. In section 16a, the following paragraph 4 is added:



"(4) the Czech National Bank in exercising supervision over the Bank which carries out

activity on the territory of another Member State through a branch,

into account when drawing up the plan surveillance investigation under section 25e

the information obtained by the supervisory authority of that Member State when checking

on the spot. ".



119. In § 17 paragraph. 1 (a). (b)), after the words "in accordance with § 14 of the", the words

"paragraph. 1. "



120. Article 17, paragraphs 2 to 6 shall be deleted.



Paragraphs 7 and 8 shall be renumbered as paragraph 2 and 3.



121. In § 17 paragraph. 2, the words "referred to in paragraph 2" shall be deleted and the words

"paragraphs 1 and 2" shall be replaced by the words "paragraph 1".



122. In paragraph § 17a. 2, the words "a person who is not a bank or a foreign

the Bank, and that as a decisive or significant activity shall take or

holding the shares of the legal persons or as a decisive or

a significant activity carried out one of the activities referred to in section 1 (1). 1

and 3 of this Act, and on the investment company, investment fund,

pension company, pension fund, insurance and reinsurance, which

carrying out the activities in accordance with special laws, all including foreign

persons with similar activities "shall be replaced by the words" financial institutions

According to the article. 4 (4). 1, point 26 of the regulation of the European Parliament and of the Council (EU)

No 575/2013 ".



123. In paragraph 3 of section 17a is inserted:



"(3) Institutions for the purposes of this Act, means the credit institution

According to the article. 4 (4). 1, point 1, and the investment firm in accordance with article. 4 (4). 1 point

2 regulation of the European Parliament and of the Council (EU) no 575/2013. ".



124. Section 17a under paragraph 3, the following paragraph 4 is added:



"(4) by a qualified participation for the purposes of this Act, means the

qualified participation by the article. 4 (4). 1, point 36 of the regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



Paragraphs 4 to 11 are renumbered as paragraphs 5 to 12.



125. In paragraph § 17a. 10 the words "7 or 8" shall be replaced by "8 or 9" and

in section 17a, paragraph. 10 (a). and the words ") the range referred to in section 20 (2).

16 "shall be deleted.



126. In paragraph § 17a. 11 is the number "7" is replaced by "8" and the number "8"

replaced by the number "9".



127. In paragraph 12 of section 17a is inserted:



(12) the ancillary services, for the purposes of this Act, means the

ancillary services undertaking pursuant to article. 4 (4). 1 section 18 of the regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



128. In § 19 paragraph. 1, letter a) is added:



"and the members of the statutory body of the Bank);".



129. In § 19 paragraph. 1 (a). (b)), after the word "members", the words

"the Board and" and at the end of the text of subparagraph (b)), the following words "

risk, remuneration and appointment ".



130. In § 19 paragraph. 1 (d)):



"(d)) of the person near the members of the statutory body of the Bank, to the members of the Management Board

and the members of the Supervisory Board of the Bank, to the members of the audit committee, risk,

remuneration and appointment of persons controlling the pot; ".



131. In section 20 (2). 7 the number "11" shall be replaced by the number "12".



132. In section 20 (2). 9 (a). (b)), the words "the head of the Bank's staff"

replaced by the words "the members of the statutory body, the members of the Management Board, the members of the

the Supervisory Board and of the person in the top management of banks, which hold in the Bank

Executive functions and are responsible for its day-to-day management of the Bank

the proceedings ".



133. In § 20 paragraph 9 the following paragraph 10 is added:



"(10) If the Czech National Bank in considering requests for consent

finds that the conditions referred to in paragraph 9 are not complied with, and consent cannot be

grant, shall inform the applicant in writing of the findings within 2 working days

from the date of making this determination. The Czech National Bank can justify

a negative decision on a request for consent to publish, at the request of

the applicant or even without this request. ".



Paragraphs 10 to 17 shall be renumbered as paragraphs 11 to 18.



134. In section 20 (2). 12 is the number "10" is replaced by "11".



135. In section 20 (2). 16 and 18, the number "14" is replaced by "15".



136. In paragraph 17 of section 20 is repealed.



Paragraph 18 is renumbered as paragraph 17.



137. In section 20, the following paragraph 18, which reads as follows:



"(18) Bank, whose shares are admitted to trading on a regulated

market, shall notify, at least once a year, the Czech National Bank names or the names of

their shareholders possessing qualifying holdings and the sizes of such holdings.



138. In section 20a, paragraph. 1 with the number "13" is replaced by "14", number "11"

replaced by the number "12" and the number "10" is replaced by the number "11".



139. In section 20a, paragraph. 2 is the number "10" is replaced by "11", number "11"

replaced by the number "12" and the words "§ 26 paragraph. 5 "shall be replaced by" section 26aa

paragraph. 2. "



140. under section 20 c of § 20 d shall be inserted:



"§ 20 d



(1) the Czech National Bank may issue the measures of a general nature on the basis of, and

within the limits of the regulation directly applicable European Union legislation

prudential requirements, where this is a directly applicable provision

allows the competent authority to grant an exemption or edit the use

the rules for banks, or a group of generically designated banks.



(2) a draft of the measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(3) Measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(4) measures of a general nature Against issued may submit written

reasoned objections only banks or branches of foreign banks, and in the

the deadline of 10 working days from the date of its publication. Lodged objections

ended, the Czech National Bank's communication. Lodged objections to the Czech national

the Bank used as a basis for the amendment or cancellation of the issued actions

of a general nature. ".



141. In section 22, paragraph. 1 (a). (d)), after the words "in section 11a", the words "and

11B "and the number" 9 "are replaced by the number" 6 ".



142. Article 24, paragraph 1 reads:



"(1) the Bank shall be obliged to draw up and submit to the Czech National Bank

information and documentation, the form and style of presentation determined in

accordance with the directly applicable EU regulation governing the

prudential requirements, and regulations or decisions of the European Commission

The Czech National Bank by Decree. The Bank is obliged to draw up and submit to the

The Czech National Bank for additional information and documents necessary for the performance of

supervision. The content of such information, form, time limits and the way they

the submission provides for the Czech National Bank by Decree. The Bank is obliged to

submit to the Czech National Bank on its request for more documents and other

the materials needed for the supervision and in accordance with the request of the Czech national

banks provide all the necessary information to do so. ".



143. In section 24, paragraph 1, the following paragraph 2 is added:



"(2) a branch of a bank other than the Member State is required to develop and

the Czech National Bank to submit information and documents, whose contents,

the form, time limits and the way the submission establishes the Czech National Bank

by Decree. A branch of the Bank other than the Member State is required to

submit to the Czech National Bank on its request for more documents and other

the materials needed for the supervision and in accordance with the request of the Czech national

banks provide all the necessary information. A branch of the Bank of

the Member State shall draw up and submit to the Czech National Bank

information and documents under section 5j, whose content, form, and manner

the submission provides for the Czech National Bank by Decree. "
Paragraph 2 becomes paragraph 3.



144. In section 25, paragraph. 2, after the words "the Bank or" shall be inserted the word "legitimate" and

the third sentence shall be deleted.



145. Article 25 paragraphs 3 to 5, including the footnote No. 7b shall be inserted:



"(3), Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of colleges in

the framework of the European system of financial supervisors ^ 7b).



(4) the Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of the European authority for the

banking.



(5) the Czech National Bank in the exercise of its jurisdiction under this Act, and

According to the regulation directly applicable European Union legislation

prudential requirements shall take into account the convergence of tools and procedures

banking supervision that are used in the Member States; based on the

the guidelines, recommendations, standards, and other measures adopted by the European

authority for banking, unless the reasons for which do not do so.



Article 7b). 6 of the directive of the European Parliament and of the Council no 2013/36/EU ".



146. In section 25, the following paragraphs 6 to 8 are added:



"(6) the Czech National Bank may require regular provision of

information necessary to the performance of its responsibilities and for statistical purposes from



and) of the Bank



(b)) the financial holding of the person,



(c)) mixed financial holding of the person,



(d) the holding of the person)



e) persons belonging to the persons referred to in points (a) to (d))),



(f)) of the person that was the persons referred to in points (a) to (d))) responsible for

the performance of the activities.



(7) the Czech National Bank may carry out checks on the persons referred to in

paragraph 6, if it is necessary for the exercise of its competence; for this

the purpose of the may



and require the submission of documents)



(b)) to examine the books and records and to make copies of and extracts from them,



(c)) obtain written or oral explanations from the persons referred to in paragraph

6, their representatives and workers,



(d)) to obtain oral explanations from persons other than is set out in paragraph 6

under the terms of that consent.



(8) the Czech National Bank may carry out checks on the spot for persons referred to

in paragraph 6 (a). b) to (f)) and all persons who are subject to the supervision of the

consolidated basis, in advance, if the authority concerned shall inform the

surveillance. ".



147. In section 25a paragraph 3 reads:



"(3) for the breach of obligations of confidentiality in compliance with the legal

the conditions shall not constitute



and provide information obtained in) connection with the performance of the Bank

supervision or the supplementary supervision over persons in the financial

the conglomerate ^ 6 d) supervisory authority over banks, financial institutions

or financial markets in another State,



(b)) provide information to the Ministry of finance for the purposes of the performance of the checks

compliance with the conditions for the grant of the contribution of the natural persons referred to in

the law governing the building savings,



(c)) provide information obtained in the performance of banking supervision

personnel of the Czech National Bank, who participates in the exercise of supervision

the financial market, for the performance of their tasks,



(d) the publication of the outcome of the stress tests) carried out under section 25 d of paragraph 1. 2

or by directly applicable European Union regulation governing

supervision of the financial market in the field of banking. "



Footnote. 6e is hereby repealed.



148. under Section 25b, the following new section 25 c to 25f, including title and

footnote No. 30:



"section 25 c



The process of review and evaluation



(1) in the performance of the Czech National Bank supervision at the same time reviewing and

evaluates whether the arrangements, strategies, processes and mechanisms implemented by the

the Bank, in order to meet the requirements laid down in this Act, directly

the applicable law of the European Union governing the prudential

requirements, regulations or decisions of the European Commission, capital and

the liquidity of banks provide safe and reliable operation of the Bank and the proper

management and risk coverage. The Czech National Bank always evaluates the risks,

which Bank is or may be exposed, the risk that the Bank may

pose for financial market with a view to detecting and measuring

systemic risk, according to the article. 23 of the regulation the European Parliament and of the Council

(EU) no 1093/2010, recommendations of the European Council or the systemic risk, and

risk stress tests revealed.



(2) the Czech National Bank carries out a review and evaluation of the frequency and

the intensity of a reasonable size, significance and position of the Bank on the financial

the market and the nature, scale and complexity of its activities, at a minimum, however,

Once a year, and in the scope of the requirements laid down by the Bank of the first

the head of the second regulation of the European Parliament and of the Council (EU) no 575/2013

Regulation or decision of the European Commission.



(3) the Czech National Bank shall review and evaluate the credit, market and

operational risk; the review and evaluation shall be aimed for at least

on



and the results of stress tests carried out) by the Bank according to the article. 177 of regulation

The European Parliament and of the Council (EU) no 575/2013 when using access

based on internal ratings,



(b) exposure to a concentration of the risk), and his management of the Bank, including

compliance with the requirements referred to in part four of the regulation of the European Parliament

and of the Council (EU) no 575/2013, regulation or a decision of the European Commission,



(c) the appropriateness, effectiveness and) resilience of the policies and procedures for the management of the residual

the risks associated with the use of the eligible credit reduction techniques

the risks to which means of credit risk mitigation in accordance with article. 4 (4). 1

section 57 of the European Parliament and of the Council (EU) no 575/2013

the accuracy of their application,



(d)) the rate at which capital maintained by a Bank against the assets, which

sekuritizovala, corresponds to the economic substance of the transaction, including

achieved the degree of transfer of risk,



(e) the Bank's exposure to risk), liquidity risk measurement and management

liquidity, including the elaboration of analyses of alternative scenarios, management

factors that reduce the risk and the effectiveness of the contingency plans,



(f) the effects of risk-spreading and) how are these effects included

in the risk-measurement system,



(g) the results of the stress tests carried out) by the Bank when you use an internal

model for calculation of capital requirement for market risk in accordance with section

the third head of the fourth chapter of the fifth regulation of the European Parliament and of the Council

(EU) no 575/2013



(h) the geographic location of the exposures of the Bank),



I) business model of the Bank,



j) assessment of systemic risk.



(4) the Czech National Bank also examines and evaluates the



and) overall liquidity risk management of the Bank; in doing so, it promotes the development of

sound internal methodologies and take into account the position of the Bank on the financial

markets and duly into account in the decisions taken in following up on the

review and evaluation of the potential impact on the stability of the financial system in

all other Member States concerned,



(b) the exposure of banks to the interest rate) risk investment portfolio, which

for the purposes of this Act, means the portfolio, which includes

tools that are not included in the trading book; If, in the

as a result of sudden and unexpected changes in interest rates by more than 2

percentage points or by the value specified in the guidelines of the European

banking authority decreased economic value of Bank of more than 20

% of the capital of the Czech National Bank, saves the corresponding corrective measures,



(c) the Bank's risk exposure) excessive lever, which for the purposes of this

the law means the lever according to the article. 4 (4). 1, point 93 of regulation of the European

Parliament and of the Council (EU) no 575/2013, and which is identified on the

the basis of the indicators of excessive leverage, including the leverage ratio specified by the

article 429 of the European Parliament and of the Council (EU) no 575/2013

Regulation or decision of the European Commission; in the evaluation of

the adequacy of the leverage ratio and in the evaluation of the arrangements, strategies,

the procedures and mechanisms established by the Bank for the management of the risks of excessive leverage,

for the purposes of this Act, means the risk of excessive lever according to the article.

4 (4). 1, point 94 of the European Parliament and of the Council (EU) No.

575/2013, the Czech National Bank will take into account the Bank's business model,



(d)) the management and control system of the Bank, the corporate culture and capability

the members of the statutory body, the members of the Management Board and supervisory board members

the Bank to perform its obligations; in the review and evaluation of the Czech

National Bank to request Bank to the agenda of the statutory body,

the Management Board and the Supervisory Board and its committees including related

the underlying documents and the results of internal and external evaluation

the activities of the statutory body, the Management Board and the Supervisory Board.



(5) the Czech National Bank also examines and evaluates,



and whether the Bank hidden) support the securitisation, which means

securitization under the article. 4 (4). 1, point 61 of regulation of the European Parliament

and of the Council (EU) no 575/2013; If it finds that the Bank has provided implicit support

securitisation in more than one case, take the appropriate measures

reflecting the risk that the Bank will provide its support in the future

securitisation
(b) value adjustments) whether the positions or the portfolios in the trading book referred to in

article. 105 European Parliament and Council Regulation (EU) no 575/2013

Regulation or decision of the European Commission, will allow the Bank to sell or

in the short term to ensure their positions without under normal market

the conditions for significant loss; the trading portfolio is for the purposes of this

the law means the trading book referred to in article. 4 (4). 1, point 86 of the regulation

The European Parliament and of the Council (EU) no 575/2013.



section 25 d



(1) where the Czech National Bank in the performance review and evaluation

under section 25 c, that more banks are or may be exposed to similar

risks or represents a similar risk to the financial market, it is entitled to

to carry out the review and evaluation by a group of generically designated banks in the same

or in a similar manner. A group of generically designated banks with similar

risk profile can be determined in particular on the basis of the assessment system

risk under section 25 c of paragraph 1. 3 (b). (j)).



(2) to support the process of the review and evaluation referred to in section 25 c performs

The Czech National Bank at least once a year, the stress tests of banks. The result of the

load tests can adequately, the Czech National Bank.



(3) the Czech National Bank regularly at least once every 3 years to review

compliance with the conditions under which the Bank enabled the use of internal

approaches. It focuses in particular on the quality and timeliness of

used on methods and procedures, changes in the Bank's activities and on the use of

internal approaches for new products.



section 25e



(1) in accordance with the Czech National Bank supervisory investigation plan,

that is compiled at least once a year, taking into account the results of the

the process of the review and evaluation referred to in section 25 c.



(2) the Czech National Bank shall draw up a plan for the surveillance of the investigation referred to in paragraph

1 so that it does not, the supervisory authority of another Member State in the execution of the

the-spot checks in the Bank branch, which carries out its activity on the territory of the

that other Member State.



(3) the plan surveillance investigation, Czech National Bank includes



and the list of banks) to be subject to increased surveillance in the wake of

the measures referred to in paragraph 4,



(b)) plan on the spot checks in commercial locations, including its

branches and controlled by persons established in other Member States,



(c) information on the way) performance of the tasks and the allocation of

resources on their security,



(d)) list of banks, for which the results of the stress tests under section 25 c and section 25 d

paragraph. 2 or the result of the process of the review and evaluation referred to in section 25 c

suggest a significant risk to the financial health or violation of the requirements of

provided for in this Act, the law that it be carried out,

decision issued under this Act, a measure of a general nature

issued pursuant to this Act, a directly applicable regulation in the European Union

governing the prudential requirements, regulations or decisions

The European Commission,



(e)) list of banks that pose a systemic risk for the financial market



(f) a list of other banks), for which the Czech National Bank considers

necessary.



(4) the Czech National Bank shall, in following up on the results of the review and

evaluation under section 25 c, if it is necessary, in particular, the following measures:



and) increase the number of spot checks,



(b) to ensure a permanent presence of the representative), Czech National Bank, in the Bank,



(c) require the submission of additional) or more frequent information Bank,



(d) additional or more frequent) to perform a review of operational, strategic

or the business plans of the Bank,



(e)) to carry out checks on the monitoring of selected risks, which would

the Bank may be exposed.



§ 25f



(1) the Bank shall be obliged to draw up and regularly update a financial recovery plan

in case of a serious deterioration in its financial situation. If the Czech national

the Bank, taking into account the size of the Bank, its business model or

coherence with other institutions or with the financial market as a whole

provides that the deterioration of the financial situation of the Bank will not have a negative impact

on the financial market, institutions, or other terms and conditions of financing, the Bank

draw up the approval of the Czech National Bank financial recovery plan in a reasonable

the range.



(2) the Czech National Bank is obliged to draw up and regularly update

solutions to the problems of the Bank plan, which sets out the options for solutions to the crisis

the situation of the Bank. If the Czech National Bank, taking into account the size of

the Bank, its business model or connectedness with other institutions

or with the financial market as a whole, provides that any bankruptcy of the Bank

will not have an adverse impact on the financial market, other institutions or

financing conditions, draw up a plan for solving the problems of the Bank in a reasonable

the range.



(3) the Bank is required to provide the Czech National Bank for the purpose of training

solving plan of the Bank referred to in paragraph 2, all the necessary information

to the extent appropriate to its size, its business model or

coherence with other institutions or with the financial market as a whole.



(4) the Czech National Bank cooperates with the European authority for the

banking ^ 30) in the preparation of plans for solving the problems of the banks. It shall inform the

The European banking authority for the preparation of health plans and plans

solutions to the problems of banks, in particular, it shall inform in advance the

dates and place of the meeting and of the main points discussed. Czech

the National Bank will allow the participation of the representative of the European banking authority

at the hearing.



30) Article. 25 European Parliament and Council Regulation (EU) no 1093/2010. ".



149. section 26 including the title:



"section 26



Measures to remedy the



(1) the Czech National Bank can a person subject to its supervision in the

the lack of findings in her activities as a result of any breach or non-compliance with

the obligations or conditions set out in this law, it law

carrying out, according to a decision issued by this law, measures of General

nature issued pursuant to this Act, the law governing the building

savings, directly applicable EU regulation governing the

prudential requirements and regulation or the decision of the European Commission

Save measures to rectify identified lack of proper nature

violation of and its severity. Corrective measures can be saved also when

the detection of deficiencies, based on the results of the implementation of the review and

evaluation under section 25 c.



(2) to correct the shortcomings identified can the Czech National Bank



and to the person) under its supervision



1. maintain capital above the minimum levels of capital requirements according to the

article. 92 of the European Parliament and of the Council (EU) no 575/2013 and

the capital reserve requirements under this Act,



2. improve the arrangements, strategies, processes, and other mechanisms, so that the

restore or enhance their compliance with this law, the law of the

implementing this law, decisions or measures of a general nature

issued under this Act or the regulation directly applicable European

Union governing the prudential requirements, regulations or decisions

The European Commission,



3. submit a plan to restore compliance with the requirements under this Act,

and directly applicable European Union regulation governing the prudential

requirements and implemented it in due time,



4. apply specific policies and procedures for the creation of adjusting entries

the assets and reserves or for determining capital requirements



5. limited, or lack some of the shops, operation or

the activity, which means excessive risk to the Bank,



6. limited distribution network, including a possible reduction in the number of business

places,



7. reduce the risks associated with its activities, products or systems,



8. limit variable component of the remuneration of persons referred to in section 8b, paragraph. 1 (a).

(d)), if it is not in accordance with keeping the capital; in this case, shall designate the

the Bank or branch of the Bank from a Member State other than the amount of the variable

folder as a percentage of net profit,



9. profit after tax was used primarily to replenish reserve funds or

to increase the share capital,



10. limited distribution of profit or gain to the shareholders or me

the holders of the instruments the next tier 1 capital according to the article. 51 of regulation

The European Parliament and of the Council (EU) no 575/2013; If this prohibition

does not constitute a failure to comply with the obligations of that person,



11. within the time limit removed the lack of activities and

its repetition,



12. in due time to the specified amount of the capital increase, if

does not maintain combined the capital reserve pursuant to Section 12d of the paragraph. 1, and the Czech

the National Bank did not approve the plan to restore the capital



(b) save the additional or more frequent) reporting, including information

about capital and liquidity positions,



(c) special requirements) to save liquidity, including the restriction of non-compliance

the maturity of assets and liabilities, taking into account the specific model

the business of the Bank, to the arrangements, procedures and mechanisms, and in particular

under section 8b, paragraph. 1 (a). (b)), and systemic risk, liquidity

threatens the unity of the financial market in the Czech Republic,



(d) the additional disclosure of information) to save,



(e) impose more stringent restrictions on the distribution of) profit after taxation than under section 12d

paragraph. 4 If the Czech National Bank approved a plan to restore the

capital,



f) save other appropriate measures to remedy the situation.
(3) the Czech National Bank may impose the measures referred to in paragraph 2 (a). and)

paragraph 1, in particular if



and the arrangement of the deficiencies), strategies, procedures, or other

mechanisms of management and control system governed by this law,

It is carrying out the law, non-compliance with requirements under article. 393

Regulation of the European Parliament and of the Council (EU) no 575/2013 or shortcomings

in strategies or practices under section 12, or in their application;

it applies under the conditions laid down in § 26 k, paragraph. 1 and 2, mutatis mutandis, to

a foreign bank that is a member of the Group of the European controlling Bank [§

26 d of paragraph 1. 1 (a). m)], a member of the Group of the European financial holding

the person [section 26 d, paragraph 1 (b))] or a member of the Group of the European

leader merchant securities according to the law governing the

business on the capital market, over which it exercises, Czech National Bank

supervision on a consolidated basis, in which case you can

require a capital increase over the level set by the foreign legal

provisions,



(b)), to the risks or the risk elements not subject to the capital requirements

modified in this law or directly applicable rules of the European Union

governing the prudential requirements



(c)) the imposition of measures pursuant to paragraph 2 (a). and section 2) points 5 and 6 points

8 to 10, paragraph 2 (a). (c)) or measures under paragraph 4 (b). and)

(f)) appears to be insufficient to achieve a remedy within a reasonable time,



(d)), it is likely that the failure to comply with the requirements regarding the use of

the corresponding access will result in lack of capital

requirements,



(e)), it is likely that, as with the requirements provided for in this

law or regulation directly applicable European Union legislation

prudential requirements, risks will be underestimated,



(f)), the Bank shall notify the Czech National Bank according to the article. 377, paragraph. 5 of the regulation

The European Parliament and of the Council (EU) no 575/2013, that the results of the stress

the tests indicate the need for capital, which significantly exceeds its

the capital requirement for covering trading portfolio with correlation.



(4) the Czech National Bank can a person subject to its supervision, which

received approval to use internal access or internal model to calculate the

capital requirements under part III of the regulation of the European Parliament

and of the Council (EU) no 575/2013, but does not meet the requirements for its use,



and save to) demonstrate that non-compliance with the requirements for internal access

or the internal model is irrelevant,



(b)), to submit a plan to save to restore compliance with the requirements of the

internal access or internal model and a deadline for its implementation,



(c)), to carry out the adjustment to save a plan to restore compliance with the requirements of the

internal access or internal model and set a deadline for the implementation of

These adjustments, if unlikely, that according to the original plan will be

achieved full compliance, or the period referred to in the original plan are

inappropriate,



(d) restrict the approval on the field), that meet the requirements, or for

which can be used to achieve compliance within the time limit,



(e) to withdraw consent to the use of) internal access or internal

the model, which requires the consent, if it is unlikely that the Bank will

able to restore consistency within the appropriate time limits, or failed to prove that

the discrepancy is irrelevant,



(f) revoke the consent to the use of) the internal market risk model or

Save the appropriate measures to ensure his immediate improvement if u

internal model suggests a large number of overrun referred to in the article. 366

Regulation of the European Parliament and of the Council (EU) no 575/2013, that model is not

sufficiently precise,



g) save other appropriate measures.



(5) paragraph 3 shall be applied under the conditions laid down in § 26 k, paragraph. 1 and 2

Similarly for the foreign bank that is a member of the Group of the European

the controlling Bank [section 26 d, paragraph 1 (b). m)], a member of the Group of the European

the financial holding of the person [section 26 d, paragraph 1 (b))] or a member of a group

the European leader of the trader in securities under the Act

governing the business on the stock market, over which the Czech National Bank

shall exercise supervision on a consolidated basis, in which case the

You can require a capital increase over the level provided for foreign

the legislation.



(6) in the case of a finding of a lack of in the activities of the person subject to its

the Czech National Bank supervision



and save this) person



1. changed a member of the statutory body, Member of the management board or a member of the

the Supervisory Board, the person in command of a branch of a foreign bank, or other

the responsible natural person



2. created a corresponding amount of the adjustments and provisions,



3. reduce or increase capital within a specified range,



4. reduce the registered capital for the purpose of payment of the amount of the loss

the corresponding loss after her showdown with the reserve and other funds for the

provided, that the loss exceeds 20% of the equity capital,



5. reduce the amount of its share in the other person, or has transferred its stake in

This person to another person, or otherwise limit the risks arising from its

interest in this person,



(b)) change the license the exclusion or restriction of certain activities in it

referred to,



(c)) to introduce compulsory administration



(d) an extraordinary audit) required for the costs of the Bank or bank branch from another

than the Member State,



e) prohibit or restrict the implementation of operations with persons that are linked

close links with the Bank, or that are part of the same

the consolidated Group as a bank or have a bank or branch of the Bank of

other than the Member State of the special relationship under section 19,



(f) to raise liquid funds) to save the Bank or bank branch from another

than the Member State of at least the amount provided for the Czech National Bank,



(g)) with the use of the internal agreement to revoke access for the calculation of the

capital requirement under part III of the regulation of the European Parliament

and of the Council (EU) no 575/2013.



(7) the Czech National Bank can save to a natural person or a legal person

not subject to its supervision, which fails to comply with an obligation imposed by this

by law, the law implementing it, according to a decision issued by a

This law, directly applicable EU regulation governing the

prudential requirements or regulation, or by a decision of the European

the Commission to refrain from such infringement and its

recurrence; The Czech National Bank can further



and) suspend the voting rights of the shareholders or shareholders

responsible for the infringement,



(b)) to temporarily disable a member of the statutory body, the Administrative Board or supervisory

the Council of a bank or other responsible person in the physical performance of the Bank, or

the performance of a function in another bank or a foreign bank,



(c) to publish information about it), that person is responsible for the unlawful

the negotiations and what is its nature.



(8) the procedure under paragraph 2 (a). and) points 1, 2 and 4 and paragraph 6 (a).

and 4 and paragraphs) of point 6 (a). (c)), and (e)) does not apply to the Bank branch

from the Member State and the procedure referred to in paragraph 2 (a). and section 4 and paragraph)

6 (a). (c)) does not apply to the Bank branch from another Member

State.



(9) the Czech National Bank may impose corrective measures referred to in paragraphs 2

up to 4, paragraph 6 (a). (g)) and paragraph 7 also, if he has reasonable grounds for

the suspicion that the lack of activity in may, in the course of the following 12

months occur. ".



Footnote No 7 c and 6a shall be deleted.



150. In section 26, paragraph. 2 (a). and 13), the following point is added:



"13. in due time to the specified amount of the capital increase, if

does not maintain combined the capital reserve pursuant to section 12 paragraph. 1, and the Czech

the National Bank did not approve the plan to restore the capital ".



151. In section 26, paragraph. 2, letter e) the following new subparagraph (f)), which read:



"(f)) to save the more stringent restrictions than the distribution of profit, after tax according to § 12 m

paragraph. 4 If the Czech National Bank approved a plan to restore the

capital ".



Letter f) is renumbered as paragraph (g)).



152. Section 26a is inserted:



"§ 26a



If it finds the Czech National Bank, that the Bank's overall capital ratio

an individual basis is less than two-thirds of the total capital

the ratio according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and

The Council (EU) no 575/2013, the Bank will save one or more of the following measures to

remedy:



and) increase the capital to total capital ratio for the Bank on the

an individual basis amounted to at least the level of total capital

the ratio according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and

The Council (EU) no 575/2013



(b)) take only those assets which have a directly applicable regulation

The European Union governing the prudential requirements of the lower risk weight

than 100%,



(c)) do not get no share of the share capital and voting

the rights in any legal person, with the exception of contracts concluded before the

the imposition of this measure, nezaložit or obtains any additional

a legal person or an organizational folder



(d) not to grant any credit to the person) with a special relationship to a bank



(e)) not to disclose interest rates of deposits exceeding the current normal

interest rates on deposits of comparable amounts and comparable

maturity, as the Czech National Bank will be found. ".
153. under section 26a, the following new section 26aa and 26ab shall be added:



"section 26aa



(1) a participant in the proceedings for the imposition of measures to remedy is the only person

that has to be the corrective measures imposed.



(2) proceedings may be initiated by issuing the decision.



(3) the person to whom the Czech National Bank imposed corrective measures,

inform the Czech National Bank for redress without undue

the postponement.



(4) Against the decision on the imposition of corrective measures can be made.

The decomposition does not have suspensory effect. On the decomposition of the Bank Board of the Czech decides

the National Bank.



§ 26ab



(1) the Czech National Bank without undue delay shall publish the final

the decision on the imposition of corrective measures in a manner enabling remote

access.



(2) the Czech National Bank shall publish the decision without putting the identification

information about the person that was the corrective measures imposed if the

the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(3) the decision referred to in paragraph 1 or 2, shall be published at least once

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

data. ".



154. In section 26b of the paragraph. 1 the words "statutory authority, the management board or

the Supervisory Board "shall be replaced by" member of the statutory body, the Administrative Council

or supervisory board ", the word" capital "shall be replaced by the words" total

capital ratio "and the words" two thirds of the sum of the individual

capital requirements "shall be replaced by the words" minimum level of total

capital ratio according to the article. paragraph 92. 1 (a). (c)) of the European

Parliament and of the Council (EU) no 575/2013 ".



155. In paragraph 26ba. Part 1 introductory provisions:



"(1) if the amount of the Bank's total capital ratio falls below a

minimum level referred to in article. paragraph 92. 1 (a). (c)) of the European

Parliament and of the Council (EU) no 575/2013 and the Bank, for the purpose of meeting the overall

the capital ratio, increases its capital ".



156. Under the designation section 26bb shall be inserted before the heading "Measures of a general nature in

threat or disruption of the stability of the banking or financial system ".



157. In paragraph 26bb. 2 (a). (c)), for the words "rules under section 12"

the words "section 13".



158. In section 26bb shall be inserted after paragraph 2, a new paragraph 3 is added:



"(3) the Czech National Bank will issue measures of a general nature, if they are filled with

the conditions laid down in article. 458 of regulation the European Parliament and of the Council (EU)

No 575/2013. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



159. In section 26 c of paragraph 1. 2, after the words "supervising" the words

"traders in securities, spořitelními, and úvěrními and cooperatives".



160. In section 26 c of paragraph 1. 3, the word "banks", the words ",

traders in securities ".



161. In paragraph 5 of section 26 c shall be deleted.



Paragraphs 6 to 10 shall be renumbered as paragraphs 5 to 9.



162. In section 26 c of paragraph 1. 6 the word "l)" shall be replaced by "m") and the word "n)"

shall be replaced by the word ")".



163. In footnote 17 the sentence the first sentence shall be replaced by "Article. 115

Directive of the European Parliament and of the Council of 13/36/EU ".



164. In section 26 c, the following paragraph 10 is added:



"(10) of paragraph 6 to 9 shall apply mutatis mutandis to the supervision of the

consolidated basis over a responsible Bank controlled by the European

mixed financial holding person. ".



165. In section 26 d, paragraph 1 reads:



"(1) for the purposes of this Act, means the



and the consolidation group total) controlling the Bank, the Group of foreign

controlling the Bank a person or a group of financial holding group

a mixed holding, the consolidation unit consists of at least two

of the person,



(b)) controlling the Bank, the Bank, whose controlled or associated person

is a Bank, savings and úvěrním cooperative, foreign bank, financial

institutions, a trader with securities, foreign trader

securities or ancillary services,



(c)) financial holding the person the person referred to in article. 4 (4). 1, point 20

Regulation of the European Parliament and of the Council (EU) no 575/2013



(d)) mixed-activity holding the person the person referred to in article. 4 (4). 1, point 22

Regulation of the European Parliament and of the Council (EU) no 575/2013



(e)) mixed financial holding the person the person referred to in article. 4 (4). 1 point

21 of the European Parliament and Council Regulation (EU) no 575/2013



(f) the group controlling the Bank Group), formed by the Bank and its controlled

persons and associated persons that are financial institutions,

institutions or ancillary services,



(g) the financial holding group) person group formed by the financial

holding a person and controlled by persons and associated persons,

which are the institutions, financial institutions or ancillary

services,



h) by a group of mixed-activity holding persons group formed by the joint

holding a person and controlled by persons and associated persons,

which are the institutions, financial institutions or ancillary

services,



and the associated person person) according to the article. 4 (4). 1, point 35 of the regulation

The European Parliament and of the Council (EU) no 575/2013



j) foreign bank controlling foreign bank whose controlled

the person's Bank,



to a group of foreign banks) of the controlling group formed by foreign

the controlling and controlled persons of her Bank and associated persons

are institutions, financial institutions or ancillary

services,



l) controlling domestic bank controlling the Bank, which at the same time is not

controlled by another bank, a financial holding the person or

mixed financial holding person with a registered office in the Czech Republic,



m) European controlling the Bank controlling the Bank or foreign

controlling the Bank, that has been granted permissions to perform activities in the

Member State, and which is not controlled by another bank or a foreign

the Bank, which has been granted permission to conduct business in any

Member State, nor is it controlled by a financial holding the person or

mixed financial holding person, who is registered in any

the Member State,



n) domestic financial holding the person the person referred to in article. 4 (4). 1 point

30 of the European Parliament and Council Regulation (EU) no 575/2013



European financial holding of) person the person referred to in article. 4 (4). 1 point

31 of the European Parliament and Council Regulation (EU) no 575/2013



p) domestic mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 32 regulation of the European Parliament and of the Council (EU) no 575/2013



q) European mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 33 regulation of the European Parliament and of the Council (EU) no 575/2013



r) responsible Bank in the Group of the financial holding of the person the Bank

controlled by a financial holding person based



1. in the Czech Republic,



2. in another Member State, if this financial holding a person at the same time

control of the foreign bank, which has granted permission for the performance of

activities in that Member State, or a foreign bank with a larger balance sheet

the sum, which has been granted permissions to perform activities in another Member

State, or



3. in a non-Member State, if the Czech National Bank being

under section 26e, paragraph. 6 from the performance of the banking supervision on a consolidated

the basis of the financial holding group of the person;



If the consolidation referred to in points 1 to 3 more banks responsible

the Bank in a financial holding group of the person means the Bank with the largest

the balance sheet total,



with a responsible Bank in the Group) a foreign bank that controls the Bank

controlled by the foreign bank that controls that has been granted permissions to

activity in a non-Member State, if the Czech National Bank

being under section 26e, paragraph. 6 from the performance of banking supervision at the

consolidated basis over this foreign group controlling the Bank;

If in such a consolidation more banks responsible Bank in the

a group of foreign banks means the controlling Bank with the largest balance sheet

the sum,



t) responsible Bank controlled by the person mixed financial holding

the Bank controlled by the mixed financial holding person based



1. in the Czech Republic,



2. in another Member State, if this person mixed financial holding

at the same time control the foreign bank, which has been granted permission to

the performance of the activities in that Member State, or a foreign bank with a larger

the balance sheet total, which has been granted permissions to perform activities in another

Member State, or



3. in a non-Member State, if the Czech National Bank being

under section 26e, paragraph. 6 from the performance of the banking supervision on a consolidated

basis;



If the consolidation referred to in points 1 to 3 more banks responsible

the Bank, controlled by the mixed financial holding person means the Bank with

the largest balance sheet total,



on the basis of a consolidated basis) the consolidated pursuant to article. 4 (4). 1

section 48 of the European Parliament and of the Council (EU) no 575/2013. ".



166. In section 26 d, paragraph 3 is deleted.



Paragraph 4 becomes paragraph 3.



167. In section 26e, paragraph. 1 and 2, after the words "foreign bank", the words
"securities dealer".



168. In section 26e, paragraph. 2 at the end of the text of the first sentence, the words ", and

over responsible Bank controlled by the mixed financial holding person ".



169. In section 26e, paragraph. 3 (b). (b)), the word ")" is replaced by "r").



170. Under section 26e for paragraph 3, the following paragraph 4 is added:



"(4) paragraph 3 shall apply mutatis mutandis to the exercise of supervision on a consolidated

the basis of the above, the responsible Bank controlled by the mixed financial holding

person. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



171. In section 26e, paragraph. 6 at the end of the text of the first sentence, the words "in accordance with

directly applicable European Union regulation governing the prudential

the requirements ", in the third sentence, after the word" person ", the words" or

mixed financial holding of the person "and the word" Member "shall be replaced by

the word "Member".



172. In section 26f, paragraph. 1 the introductory part of the provisions of the paragraph and section 26 g. 2 and 3, the

the words "financial holding of the person", the words "responsible Bank

controlled by the mixed financial holding person ".



173. In section 26f, paragraph. 1, point (b)), c), (e) and (f))) shall be deleted.



Subparagraph (d)), and (g)) are renumbered as paragraphs (b) and (c)).)



174. In section 26f, paragraph. 1 (a). (c)), the words "in the framework of operations

the consolidated Group (section 26 g (4)) "shall be replaced by the words" pursuant to section 26 g

paragraph. 4. "



175. In section 26f, paragraph 2 reads:



"(2) the persons included in the consolidated Group are obliged on request

communicate to the Czech National Bank directly or through banks in accordance with

paragraph 1, all the information necessary for the implementation of the supervision on a

consolidated basis. ".



176. Under section 26 g, paragraph 5 is added:



"(5) a financial holding, the person and the person is a mixed financial holding

required to ensure that their statutory authority, a member of their

the statutory authority, a member of the management board or a member of the Supervisory Board was

the person trusted, competent and experienced enough for the performance of their

the functions and to ensure the requirements for a financial holding

person and mixed financial holding a person from this law.

More detailed requirements establishes the Czech National Bank by Decree. "



177. In section 26 g of paragraph 1. 6 the first sentence, after the word "person", the words "and

mixed financial holding person, "after the word" trust "

the words "professional competence" and in the second sentence, after the word

"person" shall be inserted the words "or mixed financial holding person".



178. In section 26 g of paragraph 1. 6 sentence third paragraph and section 26 g. 7, after the word "person"

the words "or mixed financial holding person."



179. In section 26 g of paragraph 1. 6 sentence of the last paragraph and section 26 g. 7, after the word

"person", the words "or mixed financial holding of the person".



180. In the section within 26 h, paragraph 1 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



181. In the section within 26 h of paragraph 1. 1 the introductory part, the words ' the provisions of the financial

the holding of a person ", the words" responsible Bank controlled by the joint

financial holding person ".



182. In section 26i, paragraph. 1 introductory part of the provisions of section, paragraph, 26i. 3, § 26 k

paragraph. 1 the introductory part of the provisions of the paragraph and section 26 l. 1 the first sentence, the word

"or" is replaced by a comma.



183. In section 26i, paragraph. 1 introductory part of the provisions and paragraph in section 26i. 3, the

the word "person", the words "or a responsible Bank controlled

European mixed financial holding person ".



184. Under section 26i, paragraph. 1 introductory part of the provisions for the word ' ^ 2) "

the words "or directly applicable provision of the European Union

governing the prudential requirements ".



185. Under section 26i, paragraph. 1 (a). (b)), the words "§ 11a" is replaced by "part of the

the eighth European Parliament and Council Regulation (EU) no 575/2013 "and the words" §

25 paragraph. 3 "shall be replaced by the words" § 25 c ".



186. In section 26i, paragraph. 1 (a). (c)), the words "other Member States"

replaced by the words "of the European system of central banks, which means the

the central banks of the European system of central banks under article. 4 (4). 1

section 45 of the European Parliament and of the Council (EU) no 575/2013 ".



187. In section 26i, paragraph. 1 at the beginning of subparagraph (d)), the words "on

request "and the words" § 38h "shall be replaced by the words" § 38ha ".



188. In section 26i, paragraph. 1 (a). e), the words "special" shall be replaced by the words

"internal" and the words "pursuant to section 12a paragraph. 5 to 7 "shall be deleted.



189. the footnote No. 23:



"23) Article. paragraph 112. 2 of the directive of the European Parliament and of the Council

13/36/EU ".



190. In paragraph § 26j. 1, the words "the Bank or" shall be replaced by "the Bank".



191. In § 26j of paragraph 1. 1 introductory part the provisions of § 26 k, paragraph. 1 introductory

part of the provisions and paragraph in section 26 l. 1 the first sentence, after the word "persons"

the words "or a bank controlled by the European mixed financial

holding a person '.



192. In sections 26 k, paragraph. 1 (a). and the words ") § 26 paragraph. 1 (a). (h)) "

replaced by the words "§ 26 paragraph. 2 (a). and) point 1 and according to § 26 paragraph. 2

(a). (c)) ".



193. Section 26 k, paragraph. 1 (a). (b)), and (c)), after the word "level", the words

"and in the form of special liquidity requirements".



194. In sections 26 k, paragraph. 2 the first sentence, the word "risks" shall be replaced by the words "cover

risk capital and liquidity risks ".



195. In sections 26 k, paragraph. 2 the second sentence, the word "this" is deleted.



196. In sections 26 k at the end of the text of paragraph 2, the words "of the assessment

risk coverage capital, and within 1 month of the date when the present

report on the assessment of the risk of liquidity ".



197. In sections 26 k, paragraph. 3 (b). (b)), the words "the said period" shall be replaced by the words

"the time limits referred to in paragraph 2".



198. In sections 26 k, paragraph. 4 of the introductory part, the words ' the provisions of the financial

the holding of a person ", the words", the Bank controlled by the European

mixed financial holding person ".



199. In sections 26 k, paragraph. 4 of the introductory part of the provisions, the word "risk" is replaced by

the words "risk capital".



200. In sections 26 k, paragraph. 4 at the end of the introductory part of the provisions of the following

"or within 1 month of the date when the authority supervising the

consolidated basis over the Group presented the Czech national

a Bank report on the assessment of liquidity risk of the group ".



201. In section 26 k, paragraph. 4 (b). and the words ") § 26 paragraph. 1 (a). (h)) "

replaced by the words "§ 26 paragraph. 2 (a). and) point 1 and according to § 26 paragraph. 2

(a). (c)) ".



202. In paragraph § 26 k. 4 (b). (b)), the words "the said period" shall be replaced by the words

"given the time limits".



203. the footnote No. 24:



"24) Article. 113 directive of the European Parliament and the Council 13/36/EU ".



204. In sections 26 k, paragraph. 7, the words "§ 12a" shall be deleted.



205. In section 26 l, paragraph. 1 the second sentence with the number "8" is replaced by "7".



206. In paragraph § 26 l. 2 (a). (b)), the words "7 to 10" shall be replaced by the words "6 to

9. "



207. In paragraph § 26 l. 2 (a). (c)), the words "§ 25 paragraph. 3 "shall be replaced by the words

"section 25 c".



208. In paragraph § 26 l. 2 (a). (d)), the number "6" is replaced by "5" and the words

"section 38h paragraph. 4 second sentence "shall be replaced by the words" § 38ha paragraph. 3 sentences

the second ".



209. In paragraph § 26 l. 2 (a). (f)), for the words "section 26i", the words "paragraph.

1. "



210. In section 26 l, paragraph. 3 (b). (d)), the word "Bank", the words

"The European system of central banks".



211. under section 26 l is added to § 26 m:



"section 26 m



(1) the Czech National Bank may, in the exercise of supervision on a consolidated

the basis of the above mixed financial holding person, after consultation with the

the competent authorities may provide that in exercising this supervision

only apply the relevant provisions of the Act relating to the supplementary supervision

financial conglomerates, and under the condition that this mixed

financial holding person subject to comparable requirements of this law

and the law relating to the supplementary supervision of financial conglomerates,

in particular, as regards the risk-oriented supervision.



(2) if the Czech National Bank supervision on a consolidated basis

over responsible Bank controlled the European mixed financial holding

a person may, after consultation with the competent supervisory authorities stipulate that the

in exercising this supervision applies only to the relevant provisions of the Act

relating to the supplementary supervision of financial conglomerates, and under the

the conditions on this European mixed financial holding person

subject to comparable requirements of this Act and the law governing the

supplementary supervision of financial conglomerates, in particular as regards the

risk-oriented supervision.



(3) the Czech National Bank is responsible for consultation on the use of only

foreign legislation governing supplementary supervision of

financial conglomerates, is the supervising authority over Bank

controlled European mixed financial holding person and if this

consultation invited authority executing supplementary supervision of financial

the conglomerate.



(4) the Czech National Bank may, in the exercise of supervision on a consolidated

establish, that in the exercise of supervision over a mixed financial

holding a person uses only the provisions which apply to the

the most important sector in accordance with the law relating to the supplementary supervision of

financial conglomerates, and under the condition that this mixed

financial holding person equivalent to the requirements of this Act
and the law governing the activity of insurance companies, in particular as regards risk

oversight-oriented.



(5) if the Czech National Bank supervision on a consolidated basis

over responsible Bank controlled the European mixed financial holding

a person may, with the agreement of the competent authorities may provide that, in the

the performance of this surveillance shall apply only those provisions which are applicable to

the most important sector in accordance with the law relating to the supplementary supervision of

financial conglomerates, and under the condition that the European

mixed financial holding person subject to equivalent requirements

This law and the law governing the activity of insurance companies, in particular if

as for the risk-oriented supervision.



(6) the Czech National Bank is responsible for the agreement on the use of only

foreign legislation relating to the most important sector

According to the rules governing the supplementary supervision of financial

conglomerates, is the supervising authority over Bank controlled

European mixed financial holding person, and if to this agreement

invited by the authority carrying out the supplementary supervision of financial

conglomerate. ".



212. In section 28 paragraph. 3 the first sentence, the words "the head of the staff of the Bank"

replaced by the words "a member of the statutory body, a member of the management board or

a member of the Supervisory Board of the Bank or other responsible natural person,

seznámenou with the information necessary for the performance of the Administration, "and the phrase

the second is hereby repealed.



213. In section 29b, paragraph. 5 the second sentence be deleted.



214. In section 29 c of paragraph 1. 2 the words "financial institutions" shall be replaced by the word

"the banks".



215. In section 29 c of paragraph 1. 7, the second sentence shall be deleted.



216. In § 34 paragraph. 2, letter a) the following new subparagraph (b)), which read:



"(b)) in the Bank's activities was the lack of detected in the activity, which would

at the same time could fill the characters of misconduct under section 36e of paragraph 1. 2 (a).

and), d), (f)), g), (h)), i), (j)), k), m), (n)),) or section 36e of paragraph 1. 3 (b). (c))

and foreign bank based in a Member State other than the executing

activity on the territory of the Czech Republic through its branch

committed misconduct under section 36 h of paragraph 1. 1 (a). (d)) or section 36 h

paragraph. 2 (a). (b)), d) and (e)) ".



The former subparagraph (b)) and (c)) shall become points (c) and (d)).)



217. In section 34 is at the end of paragraph 2, the period is replaced by a comma and the following

the letters e) and (f)) are added:



"e) against the Bank was a final judgment for a serious breach of

the law governing the measures against the legalization of proceeds of crime

and the financing of terrorism, or



(f) the Bank does not meet the requirements laid down) in the third, fourth or sixth

Regulation of the European Parliament and of the Council (EU) no 575/2013, § 26 paragraph. 2

(a). and) point 1 or § 26 paragraph. 2 (a). c).“.



218. In § 34 paragraph 3 reads:



"(3) the licence shall be withdrawn by the Czech National Bank, if it finds that the total

the capital ratio banks on an individual basis is less than one

one-third of the total capital ratio according to the article. paragraph 92. 1 (a). (c))

Regulation of the European Parliament and of the Council (EU) no 575/2013. Czech national

in this case, the Bank may revoke the licence, if the Bank in forced

management of the Bank or a special purpose. The Czech National Bank shall withdraw

the licence, if it finds that the capital ratio of bank branch from another

before a Member State is less than one-third of the capital ratio

According to section 12a paragraph. 1. ".



219. In § 36 odst. 4, after the word "line", the words "with the civic

code and ".



220. As part of the eleventh the following part of the twelfth, which including

Title:



"PART OF THE TWELFTH



ADMINISTRATIVE OFFENCES



Misdemeanors



§ 36a



(1) a natural person has committed the offence by



and accepts the deposit) in contravention of section 2 (2). 1,



(b)), to which will need to be a licence under this Act, without

This license,



(c)) takes or increase a qualifying holding in a bank or a bank takes over

without the prior consent of the Czech National Bank pursuant to section 20 (2). 3,



(d) fails to comply with information requirements under) section 20 (2). 11,



(e)) as a person acting in concert



1. takes a qualified participation or increase on the Bank or the Bank would dominate the

without the prior consent of the Czech National Bank pursuant to section 20 (2). 3, or



2. fail to comply with information obligations under section 20 (2). 15, or



(f)) in the application for approval under this Act or the directly applicable

Regulation of the European Union governing the prudential requirements shall

false information or the length of the essential information necessary for the assessment of

This request.



(2) a natural person as a person under the supervision of the Czech National Bank

commits an offence that does not fulfil one of the obligations laid down

the control regulations.



(3) a member of the statutory body, the Board of directors or of the Supervisory Board

the Bank or any person as the person in the management of the Bank other than the

the Member State commits an offence in contravention of section 8 paragraph. 4

(a). (c)) at the same time takes the function in larger than the allowed range.



(4) a member of the statutory body, the Board of directors or of the Supervisory Board

the Bank has committed an offence that does not inform without delay the Czech

National Bank pursuant to section 26b, paragraph. 1.



(5) any natural person as the person in the management of foreign banks based in the

other than a Member State, that carries on the territory of the Czech Republic

banking activities through its branch offices, or as a person in the

the leadership of the branch commits an offence that does not inform us immediately

The Czech National Bank pursuant to section 26b, paragraph. 2.



(6) a natural person as a person who was a member of the statutory body

the Bank, a member of the Management Board of the Bank, a member of the Supervisory Board of the Bank or other

the responsible natural person at the date of the introduction of the Administration, or at any time

in the period of 2 years prior to this day, is guilty of a misdemeanor, by

synergy Manager shall be granted under section 28 paragraph. 3.



(7) can impose a fine for the offense to



and 5 0000 0000 Czk), if the offence referred to in paragraph 2,



(b)) 10 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). (f)) or

paragraph 3,



c) 20 0000 0000 CZK in the case of a misdemeanour provided for in paragraphs 4 to 6,



(d) the amount of the advantage) twice, if it is a misdemeanor under

paragraph 1 (b). and (e))); If it is not possible for the amount of the advantage

to find out, you can impose a fine up to Czk 130 0000 0000.



section 36b



(1) is guilty of an offence Revoked oceňovatel that does not

synergy oceňovateli under section 29 c of paragraph 1. 7.



(2) a natural person as a person who, when the liquidation of the Bank met with the

the data, which are subject to banking secrecy, is guilty of an offence

the fact that breach of the obligation to maintain confidentiality in accordance with § 36 odst. 3.



(3) a bank Worker, a member of the statutory body, the Administrative Council, or

Member of the Supervisory Board of the Bank commits an offence by that breach of an obligation

maintain confidentiality pursuant to section 39.



(4) The Management Board of the deposit insurance fund, the worker, and more

the person responsible for the performance of activities is guilty of an offence that violates

the obligation to maintain confidentiality under section 41b paragraph. 8.



(5) the liquidator, administrator, Deputy Administrator, or the insolvency administrator

commits an offence that does not provide the information to the deposit insurance fund according to the

section 41 d of paragraph 1. 2.



(6) the natural person such as the applicant for the licence commits an offence in

the application shall indicate false information or the length of the essential information necessary for the

examination of the application.



(7) can impose a fine for the offense to



2 0000 0000 Czk), if the offence referred to in paragraph 5,



(b)) 20 0000 0000 CZK in the case of a misdemeanour provided for in paragraphs 1 to 4, or

of paragraph 6.



Administrative offences of legal persons and natural persons-entrepreneurs



section 36 c



(1) a legal person or a natural person-entrepreneur commits an administrative

tort by



and accepts the deposit) in contravention of section 2,



(b)) wrongly uses the designation "Bank", "savings bank" or its

translations or indication from him to derivative in commercial company



(c) initiate activity) which is licensed under this Act, without

This license,



(d)) takes or increase a qualifying holding in a bank or a bank takes over

without the prior consent of the Czech National Bank pursuant to section 20 (2). 3,



(e) fails to comply with information requirements under) section 20 (2). 11,



(f)) as a person acting in concert



1. takes a qualified participation or increase on the Bank or the Bank would dominate the

without the prior consent of the Czech National Bank pursuant to section 20 (2). 3, or



2. fail to comply with information obligations under section 20 (2). 15,



(g)) in the application for approval under this Act or the directly applicable

Regulation of the European Union governing the prudential requirements shall

false information or the length of the essential information necessary for the assessment of

This application, or



h) fails to provide the synergy oceňovateli under section 29b, paragraph. 5.



(2) the Legal or natural person-entrepreneur as a person subject to

supervision of the Czech National Bank has committed misconduct by

fail to fulfil one of the obligations laid down by the inspection regulations.



(3) a legal entity or a natural person-entrepreneur as a person included in the

the consolidated Group have committed misconduct by



and the Czech National Bank) do not communicate the information necessary for the implementation of the supervision

on a consolidated basis, or to communicate information false, distorted,

at length the relevant information or fails to comply with a time limit for their submission,



(b)) does not create adequate control mechanisms to ensure the accuracy of the
the information provided for the purposes of supervision on a consolidated

basis.



(4) the Legal or natural person-entrepreneur as a person to be

appointed oceňovatelem, and oceňovatel has committed misconduct by

that tells you that the Czech National Bank on the fact pursuant to section 29 c of paragraph 1. 4.



(5) Oceňovatel has committed misconduct by processes of valuation in the

contrary to the requirements laid down in section 29b.



(6) the revoked oceňovatel commits misconduct that does not

synergy oceňovateli under section 29 c of paragraph 1. 7.



(7) the Legal or natural person, operating as an applicant for a license shall

committed misconduct by false information in the application or

length of the essential information necessary for the examination of the application.



(8) the legal person as the person to whom the licence lapse, commits

the administrative tort by adopting a deposit, will provide a loan or take place

other activities after the expiry date of the licence.



(9) for the administrative offence is imposed in the



and 5 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 2,



(b)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (g)), and

paragraph 4,



c) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),

(h)), paragraph 3, paragraph 5, paragraph 6 or paragraph 7,



(d) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). and (c))) to (f)), and committed to doing business

a natural person; If it is not possible to determine the amount of the advantage,

saves a penalty to 130 0000 0000 CZK



(e) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). and (c))) f) or paragraph 8 and committed to

legal person; If it is not possible to determine the amount of the advantage,

saved a penalty in the amount of 10% of the net annual turnover

a legal person for the immediately preceding financial year,

includes items listed in the article. Regulation of the European Parliament and of the 316

The Council (EU) no 575/2013



(f) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). and (c))) f) or paragraph 8 and committed to

the controlled person; If it is not possible to determine the amount of the advantage,

saved a penalty in the amount of 10% of the net annual turnover resulting from

the consolidated financial statements of the controlling person for immediately

the previous accounting period.



section 36 d



(1) the financial holding person, person or a mixed financial holding

mixed holding a person commits misconduct by



and does her) statutory authority, a member of the statutory

authority, a member of its management board or a member of its supervisory board meets

requirements under section 26 g, paragraph. 5, or



(b)) in contravention of section 26 g of paragraph 1. 6 in advance does not inform the Czech National Bank on the

the proposed changes in the leadership or does not submit the required

the supporting documents.



(2) a payment institution, the payment service provider of the small scale,

an electronic money institution or publisher of electronic money

small scale, on whose account the funds are registered,

that the payment service users have entrusted them to the execution of the payment

transaction ^ 13) or against whose adoption had been issued electronic

money, committed misconduct by that informs the user of the

the payment of the services or the holder of the electronic money on request

information under section 41f paragraph. 10.



(3) a securities dealer on whose account are recorded cash

the resources that make up the assets of the customer according to the law governing the

business on the capital market, or a payment institution, the provider

a small range of payment services, electronic money institutions, or

the Publisher of a small range of electronic money on the account are

registered funds to them users of payment services

have entrusted to the execution of the payment transaction ^ 13), or against the acceptance of the

have been issued electronic money, committed misconduct by



and fails to comply with the notification obligation) to the Bank or branch of a foreign

the Bank under section 41f paragraph. 7, or



(b)) does not register the data according to § 41 c of paragraph 1. 3.



(4) the beneficiary of a financial institution based in the Czech Republic commits

the administrative tort by



and shall establish a branch within the territory) of the host State, in contravention of section 5f,



(b)), the Czech National Bank has notified changes in the data referred to in § and § 5f 5 g

paragraph. 1, or



(c)) will take place on the territory of the host Member State the activities referred to in section 5 d without

the establishment of branches and without notice of the intended activities before the start of the performance

any of them, the Czech National Bank in accordance with § 5i.



(5) for the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)

or (b)), paragraph 2 or 3,



(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 4.



Administrative delinquencies banks



section 36e



(1) the Bank has committed misconduct by



and activities carried out in breach of) with the license,



(b)) shall establish a branch within the territory of the host State, in contravention of section 5f,



(c) to undertake activities) begins on the territory of the host State in conflict with

procedure laid down in section 5 h of paragraph 1. 2,



(d)), the Czech National Bank has notified changes in the data referred to in § and § 5f 5 g

paragraph. 1,



(e)) will take place on the territory of the host Member State the activities referred to in section 5 d without

the establishment of branches and without notice of the intended activities before the start of the performance

any of them, the Czech National Bank in accordance with § 5i,



(f) fails to fulfil any of the obligations) under section 8 (2). 3,



(g) a certified copy of the articles of Association) does not save or their changes at the Czech National Bank

pursuant to section 9 (2). 3,



h) fail to fulfil one of the obligations of information under section 11 (2). 1 or

2,



I) does not set the agenda of each contract concluded with the client pursuant § 11 (1). 4,



(j)) establishes an effective procedure for dealing with complaints of clients, or

This procedure does not inform,



to the data referred to in section neuveřejní) of the eighth regulation of the European Parliament and of the

The Council (EU) no 575/2013



l) establishes internal procedures and policies by directly applicable regulation

The European Union governing the prudential requirements



m) contrary to section 12 paragraph. 1 carry out trade in a way that harms the

the interests of its depositors in terms of return on their deposits, or

threatens the security and stability of the Bank, or



n) contrary to section 12 paragraph. 2 contracts, under the conditions that are

her strikingly detrimental.



(2) the Bank has committed misconduct by



and) its command and control system does not meet all the requirements laid down

This law, the law implementing it, a decision issued by the

under section 8b, directly applicable EU regulation governing the

prudential requirements, regulations or decisions of the European Commission,



(b)) does not provide a legal person or natural person in connection with its

business without delay a written explanation of its credit

evaluation according to the article. paragraph 431. 4 regulation of the European Parliament and of the Council

(EU) no 575/2013



c) fails to comply with the rules for determining the capital, specifying individual

capital requirements and conditions for the use of basic and internal

approaches for the calculation of capital requirements according to the part of the second and third

Regulation of the European Parliament and of the Council (EU) no 575/2013 and the measures

the general nature of the Czech National Bank in accordance with § 20 d



(d)) shall not divulge to the Czech National Bank information, or incomplete or incorrect

the information referred to in article. paragraph 99. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, regulation or a decision of the European Commission,



e) uses or changes the internal approach for the calculation of capital

the request without the prior consent of the Czech National Bank or other

supervisory authority of the Member State, or uses this approach is contrary to the

the mandatory conditions set out in the consent referred to in article. 143

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission,



(f)) do not communicate the information to the Czech National Bank, or incomplete or incorrect

information on the capital requirements laid down in article. 101 of regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

The European Commission,



(g)) are exposed to credit risk of the securitised positions,



(h)) is the exposure in excess of the limits laid down in the article. 395 regulation

The European Parliament and of the Council (EU) no 575/2013 and the measures of a general nature

The Czech National Bank in accordance with § 20 d



I) contrary to the directly applicable EU regulation governing the

the prudential requirements of the Czech National Bank will not share information or communicate

incorrect or incomplete data on the



1. large exposures



2. pákovém,



3. liquidity,



(j)) does not maintain a repeatedly or for extended periods under article liquid funds.

412 European Parliament and Council Regulation (EU) no 575/2013



to make available information in the range) and in the manner laid down in article 4(1). paragraph 431.

1 to 3, or article. paragraph 1(a) 451. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, by regulation or by decision of the European Commission, or such

make available information with incomplete or incorrect information,



l) splits a portion of the profit after tax in contravention of this Act,



m) fails to comply with information obligations under section 20 (2). 18,



n) to provide implementation of the holders of investment instruments included in the

capital of the Bank in breach of article. 28, 51 63 or regulation of the European

Parliament and of the Council (EU) no 575/2013, or
about) to a person who does not meet the requirements of this Act on a member of the

the statutory authority of the management board or Supervisory Board of the Bank, a State or

to remain a member of this body.



(3) the Bank has committed misconduct by



and does not accept or does not apply), regularly neprověřuje and strategies

procedures under section 12,



(b) fails to comply with any of the) information obligations under section 16(1). 2, section 16a

or section 24, or the eighth section of the regulation of the European Parliament and of the Council (EU)

No 575/2013



(c)), the Czech National Bank fails to notify without undue delay the acquisition of

qualifying holding, or to demonstrate compliance with pursuant to article. 89 of regulation

The European Parliament and of the Council (EU) no 575/2013, or



(d) to demonstrate compliance with the conditions referred to in) § 17 paragraph. 1.



(4) the Bank has committed misconduct by



and) contrary to section 20a, paragraph. 3 to 5 do not submit a listing of all of the shareholders, or

admit the participation of persons marked the Czech National Bank at the general meeting

or held the general meeting without the written submissions of the Czech National Bank,



(b)) does not repair clearing pursuant to section 20 c of paragraph 1. 1,



(c)) breach of an obligation to register under the accounts separately, shops at

the client's account and the bank account stores



d) breach of an obligation of keeping the documents underlying transactions

for 10 years,



(e)) does not ensure that the auditor has conducted



1. verification of the financial statements of the Bank pursuant to section 22 paragraph 1(b). 1 (a). and)



2. verification of the management and control system of the Bank in accordance with § 22 paragraph 1(b). 1

(a). (b)),



3. reporting on the verification of the financial statements and the management and control

system referred to in section 22, paragraph. 1 (a). (c)),



4. the verification of published information referred to in article. 431 to 455 of regulation

The European Parliament and of the Council (EU) no 575/2013



f) notifies the selected auditor the Czech National Bank pursuant to section 22 paragraph 1(b). 4,



(g)) does not ensure that the verification of the facts referred to in section 22, paragraph. 1 done

an auditor who is not a person referred to in section 19, paragraph. 1,



(h)) shall not disclose the annual report or the consolidated annual report referred to in section

23 paragraph. 1,



I) submit an annual report or consolidated annual reports in

the prescribed time limit of the Czech National Bank,



(j)) does not in the required time corrective action under section 26 or section

26A, or



to maintain a minimum capital ratio) the amount laid down in the decision

issued on the basis of § 26 k, paragraph. 7.



(5) the Bank has committed misconduct by



and) in requests for consent under this Act, or directly applicable

Regulation of the European Union governing the prudential requirements shall

false information or the length of the essential information necessary for the assessment of

This application,



(b)) breach of an obligation to process data about clients, pursuant to section 37, paragraph. 2,



(c) the absence of the written request) a report on matters relating to the

the client, which are subject to banking secrecy, the bodies referred to

in § 38 paragraph. 3, 4 and 6,



(d) the absence of the report of the matters) of the client which are subject

Bank secrecy, in connection with its business on the territory of another

State, if this is necessary to fulfil the obligations imposed by the legislation of the

the State on whose territory it is taking,



(e) the client does not provide the listing information), that are about him kept in

the registry under section 38a, paragraph. 2,



(f)) does not participate in the system of insurance receivables from deposits or contribute in the

range specified by this law to the deposit insurance fund,



(g)) does not identify the depositor in accordance with section 41 c of paragraph 1. 3 or 4,



(h)) does not provide data to the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d

paragraph. paragraph 2, section 41f. 3 or § 41n,



I) uses information received from persons listed in section 41f paragraph. 7 and 8 in the

contrary to section 41f paragraph. 9, or



j) used in the advertising of the differences between the claims of the insurance deposit

by the Member States.



(6) for the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (b))

(e)), h) or even),



(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)),

(g)), j) to (n)),



c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

paragraph 3 (b). and (b))), (d)), paragraph 4 or paragraph 5,



(d) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 2 or of paragraph 3 (b). (c)) and committed to legal

the person; If it is not possible to determine the amount of the advantage,

a fine in the amount of 10% of the net annual turnover achieved by the Bank for

immediately preceding financial year, which includes items

referred to in the article. 316 European Parliament and Council Regulation (EU) No.

575/2013



(e) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 2 or of paragraph 3 (b). (c)) and committed to controlled

the Bank; If it is not possible to determine the amount of the advantage,

a fine in the amount of 10% of the net annual turnover resulting from the consolidated

the financial statements of the controlling entity for the immediately preceding financial

the period.



section 36f



(1) the Bank, on the basis of § 8b paragraph. 4 the obligation to establish and maintain

the management and control system on a consolidated basis, is guilty of

the administrative tort that does not ensure that the organisational arrangements and other

mechanisms referred to in section 8b, paragraph. 1 and used by members of the consolidation

the whole way prescience did and were mutually linked and resulted from them all

the information required for the purposes of decision-making processes within the

consolidated Group and for the purposes of exercising supervision.



(2) a bank that has a significant position on the Czech financial market

Republic, the committing of administrative tort by neuveřejní information referred to in

part of the eighth European Parliament and Council Regulation (EU) no 575/2013.



(3) the National Bank or the Bank the controlling shareholder responsible financial group

holding the person or group responsible bank foreign controlling

the Bank has committed misconduct by



and the Czech National Bank) notifies the auditors who will perform an audit

the persons included in the consolidation under the banking supervision

The Czech National Bank under section 26 g, paragraph. 2, or



(b) fail to provide audit information) under section 26 g, paragraph. 3.



(4) the Bank has committed misconduct, that the breach of an obligation under section

26 g of paragraph 1. 4 watch your operations with members of the same consolidated Group

or control the risks associated with them or to subject it to the corresponding

internal control mechanisms.



(5) the controlling Bank, responsible Bank in the financial holding group

the person responsible Bank in the Group of foreign banks, the Bank in controlling

the Group mixed holding persons responsible Bank controlled by the joint

financial holding person, that are members of the consolidated Group

subject to the banking supervision of the Czech National Bank commits

the administrative tort that fail to comply with any of the obligations on the

consolidated basis pursuant to section 26f, paragraph. 1, or article. 11 and 13 of regulation

The European Parliament and of the Council (EU) no 575/2013.



(6) for the administrative offence referred to in paragraphs 1 to 5 shall be imposed a fine of up to 50 000

USD.



section 36 g



Administrative offences, foreign banks established in the Member State



(1) a foreign bank with its registered office in a Member State, that carries on

the territory of the Czech Republic's banking activities through its subsidiaries,

committed misconduct by



and will take place on the territory) of the Czech Republic's banking activities in conflict with section

5 c up to 5 m,



(b)) does not save at the Czech National Bank, an extract from the commercial register or its

the changes,



(c) fails to comply with any of the) information obligations under section 11 (2). 1 or

2,



(d)) in contravention of section 11 (1). 5 establishes an effective procedure for the handling of

complaints about this procedure or does not inform,



e) breach of an obligation to register under the accounts separately, shops at

the client's account and trades on behalf of a foreign bank,



f) breach of an obligation of keeping the documents underlying transactions

for 10 years,



(g) fails to comply with any of the) information obligations under section 24,



(h)) does not perform the required corrective measures issued pursuant to section

26 paragraph. 1,



I processed the information about the clients), pursuant to section 37, paragraph. 2,



j) has violated the obligation to maintain banking secrecy under section 37, paragraph. 2,



to the absence of the persons entrusted with the) banking supervision report of all

matters which are subject to banking secrecy,



l) does not give a written request to report on matters relating to the

the client, which are subject to banking secrecy, the bodies referred to

in § 38 paragraph. 3, 4 and 6, or



m) used in the advertising of the differences between the claims of the insurance deposit

by the Member States.



(2) a foreign bank established in a Member State, that carries on

the territory of the Czech Republic banking activities through its subsidiaries and

uses the insurance under section 41 m, committed misconduct by



and the system does) insurance of receivables from deposits or contribute in the

range specified by this law to the deposit insurance fund, or



(b) does not provide data), the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d

paragraph. paragraph 2, section 41f. 3 or § 41n.



(3) for the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (b)),



(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c))

(g)),



c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and (h)))

and m) or paragraph 2.



section 36 h
Administrative delicts of a foreign bank based in a Member State other than the



(1) a foreign bank established in another Member State than that

carries on the business of banking in the Czech Republic through its

the branch has committed misconduct by



and banking activities take place) on the territory of the Czech Republic without a licence

granted under section 5,



(b)) take place on banking activities in contravention of the license,



(c)), accepts deposits, makes loans, or performing other activities after the date

the demise of the licence,



(d)) does not have the management and control system under section 8b, paragraph. 1 and 2,



(e)) is not saved by the Czech National Bank, an extract from the commercial register or its

the changes,



(f)) neuveřejní information under section 11,



(g)) does not provide a legal person or natural person in connection with its

business without delay a written explanation of its credit

the guest according to § 11 (1). 3,



(h)) does not lead the agenda of each contract concluded with the client pursuant § 11 (1). 4,



I) in contravention of section 11 (1). 5 establishes an effective procedure for the handling of

complaints about this procedure or does not inform,



(j)), introduces internal procedures and policies according to the § 11a paragraph. 7,



k) contrary to section 12 paragraph. 1 executes trades in a way that harms the

the interests of its depositors in terms of return on their deposits, or

threatens the security and stability of a foreign bank, or



l) contrary to section 12 paragraph. 2 contracts, under the conditions that are

her strikingly detrimental.



(2) Foreign bank other than a Member State, that carries on

the territory of the Czech Republic's banking activities through its subsidiaries,

committed misconduct by



and maintain the capital ratio) kept pursuant to section 12a paragraph. 1,



(b)) in contravention of section 24, paragraph. 2 do not communicate the information to the Czech National Bank or

incomplete or incorrect information,



(c)) shall apply or change internal approach for the calculation of capital

the request without the prior consent of the Czech National Bank pursuant to section 12a

paragraph. 3,



d) violate any rule by implementing legislation

issued for the implementation of section 13 (3). 1 and § 14 paragraph. 1, or



e) does not comply with the conditions laid down in section 13.



(3) Foreign bank other than a Member State, that carries on

the territory of the Czech Republic's banking activities through its subsidiaries,

committed misconduct by



and fails to comply with any of the) information obligations under section 16b, paragraph. 1,



(b)) performs with the persons referred to in section 19, paragraph. 1 stores, which would

due to its nature, purpose, or risk have been made with

other clients,



(c)) breach of an obligation to register under the accounts separately, shops at

the client's account and trades on behalf of a foreign bank,



(d) evidence of the underlying neuschová) stores for 10 years under section

21. 2,



(e)) does not ensure that the auditor has conducted



1. verification of the financial statements of the foreign bank,



2. verification of the management and control system of the branch of a foreign bank,



3. reporting on the verification of the financial statements and the management and control

the system,



f) notifies the selected auditor the Czech National Bank pursuant to section 22 paragraph 1(b). 4,



(g)) does not ensure that the verification of the facts referred to in section 22, paragraph. 1 done

an auditor who is not a person referred to in section 19, paragraph. 1,



(h)) does not perform the required corrective measures under section 26(3). 1,



I processed the information about the clients), pursuant to section 37, paragraph. 2,



j) has violated the obligation to maintain banking secrecy under section 37, paragraph. 2,



to the absence of the persons entrusted with the) banking supervision report of all

matters which are subject to banking secrecy,



l) does not give a written request to report on matters relating to the

the client, which are subject to banking secrecy, the bodies referred to

in § 38 paragraph. 3, 4 and 6,



m) does not participate in the system of insurance receivables from deposits or contribute in the

range specified by this law to the deposit insurance fund, or



n) does not provide data to the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d

paragraph. paragraph 2, section 41f. 3 or § 41n.



(4) in the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (e))

I),



(b)) 20 0000 0000 CZK in the case of an administrative offence under paragraph 3 (b). (l)),



c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

(d)), j) to (l)), paragraph 2, paragraph 3 (b). and) to), m) or (n)).



Common provisions



section 36i



(1) where the Czech National Bank, that there has been infringement of the legal

the obligations for which the penalty may be imposed under this Act, (hereinafter referred to as

"infringement"), it shall initiate the procedure for the imposition of sanctions, if the

the basis of the assessment of the detected infringement comes to the conclusion that the

It is socially harmful. In the assessment of social harmfulness

the infringement is based on the Czech National Bank, in particular, the nature,

the severity, duration and effect of the infringement and any

the procedure for persons suspected of offences while removing his

the consequences. If there is no procedure for the imposition of sanctions, shall be brought about

the record in the file and the case shall defer. The decision to postpone the things

does not issue.



(2) since the imposition of sanctions in the decision on administrative tort to refrain,

If the offender is sufficient to remedy the very discussion of the administrative

tort.



(3) the legal person for administrative offence does not match, if he proves that

made every effort, that it was possible to require that the infringement

the negotiations.



(4) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its následkůma to the

the circumstances under which it was committed; where appropriate, taking into account also



and) the duration of the infringement,



(b)) the financial situation of the legal person,



(c)) the importance of the advantage of a legal person, if it can be

lay down,



(d) loss caused by third parties) identified an infringement,



(e) the legal person) cooperation in the management of the administrative tort,



f) prior administrative deliktům of the legal person.



(5) the criteria for fixing the amount of the fines referred to in paragraph 4 shall apply

(I) in determining the amount of the fine imposed for the offence of physical

to the person.



(6) the responsibility for the administrative offence under this Act shall cease, if the

The Czech National Bank on him to initiate proceedings within one year from the date of

It learned, but not later than 5 years from the day when it was committed.



(7) the offense of physical persons cannot be discussed, if the Czech national

Bank on it to initiate proceedings within one year from the date on which it

learned, but not later than 5 years from the day when it was committed.



(8) responsibility for the administrative offence, which occurred in the business

a natural person or in direct connection with the applicable provisions of the

the law on liability of legal persons and sanctions.



section 36j



(1) administrative offences under this law dealt with the Czech National Bank.



(2) the proceeds of the fines is the income of the State budget.



(3) the Czech National Bank without undue delay shall publish the final

the decision on a fine issued in a manner enabling remote access.



(4) the Czech National Bank shall publish the decision without putting the identification

information about the pokutované person, if the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(5) the decision referred to in paragraph 3 or 4 shall be published at least once

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

data. ".



The former part of the twelfth and thirteenth are referred to as part of the thirteenth and

the fourteenth.



221. In § 38 paragraph. 2 the second sentence, the words "similar institutions" shall be replaced by

the words "similar institutions".



222. In § 38 paragraph. 3 (b). (d)) for the word "decisive" is a Word

"in dispute" and the words "in the dispute, the claimant against the institution" shall be deleted.



223. In section 38a, paragraph. 2 the second sentence, after the words "bank", the words ",

The European Central Bank ".



224. In section 38a, paragraph. 3 the first sentence, the word "institutions" shall be replaced by

"the authorities".



225. In paragraph 38d. 1 (a). (c)) and in section 38d paragraph. 2 (a). e), the words ",

in which the Bank is committing "shall be replaced by the words" and the joint financial

holding persons according to the article. 11 of the regulation the European Parliament and of the Council

(EU) no 575/2013 ".



226. In section 38d paragraph. 1 (a). (d)), section 38d paragraph. 2 (a). (c)) and in section paragraph 38j. 1

(a). (f)), the number "9" is replaced by "8" and the number "10" is replaced by

the number "9".



227. In paragraph 38d. 1 letter h) is added:



"(h)), the composition of the combined capital reserves and the date on which the Bank

subject to the obligations of the combined capital reserve in this composition

maintain. ".



228. In section 38d at the end of paragraph 1 is replaced by a comma and the following dot

the letter i), which read:



"i) shortening the transitional period for the recognition of a countercyclical capital

a reserve established in another Member State. '.



229. In paragraph 38d. 2 (a). (d)), point 1, the words "in accordance with", the words

"their job duties and".
230. In section 38d at the end of paragraph 2, the period is replaced by a comma and the following

the letter h) up in) are added:



"h) related relations between members of the consolidated Group, the

organizational structure and governance and management, and on other major

the facts relating to the consolidation of the whole, if the Czech national

the Bank shall exercise supervision on a consolidated basis,



I) names of authorities or persons, which may receive information pursuant to

§ 25a,



j) functioning of the process of the review and evaluation referred to in section 25 c,



the methodology used to) as the basis for a decision pursuant to section 25 c of paragraph 1. 3 to

5, § 25 d of paragraph 1. 2 and 3 and section 26 during the process of the review and evaluation referred to in

section 25 c,



l) cases when uses the section 25 d of paragraph 1. 1,



m) procedures adopted under section 26 m, paragraph. 1, 2, 4 and 5,



n) review and evaluation of the results under section 25 c, if the results of

suggest an impending systemic risk according to the article. 23 of the regulation of the European

Parliament and of the Council (EU) no 1093/2010 of the Bank; These information

the Czech National Bank shall provide, without undue delay,



o) data collected for the purpose of comparison of trends and practices

remuneration,



p) measures taken under section 8 (a). (g)),



q) permits to hold additional function of a non-member under section 8 (2). 5,



r) data collected in accordance with section 8 (b). (h)),



with the data obtained from the Bank) about the decision of shareholders concerning the

remuneration,



t) measures to remedy imposed by section 26, paragraph. 2 section 11, section 26

paragraph. 7 and the penalties imposed for the administrative offence under section 36a, paragraph. 1

(a). and (e))), section 36 c of paragraph 1. 1 (a). and (f))), section 36e of paragraph 1. 2 (a). and)

(d)), f) to), m), n) and o) and section 36e of paragraph 1. 3 (b). (c)), including data on

the appeal against the decision, which sanctions have been imposed, these



the composition of the combined capital reserve) and the date on which the Bank

subject to the obligations of the combined capital reserve in this composition

keep,



in recognition of shortening the transitional period) for a countercyclical capital

a reserve established in another Member State. '.



231. In section 38d shall be added to paragraph 4 to 6, including notes below

line No 31:



"(4) on the request of the Czech National Bank shall inform the European

banking on all the facts necessary for the performance of its tasks

laid down by the relevant legislation of the European Union.



(5) the Czech National Bank shall inform the European Council for system risks



and the composition of the combined capital reserve) and the date on which the Bank

subject to the obligations of the combined capital reserve in this composition

keep,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a reserve established in another Member State,



c) counter-cyclical capital reserve rate under section 12f, paragraph. 3 and data

referred to in section paragraph 12f. 7.



(6) the Czech National Bank shall inform the European insurance and

occupational pensions ^ 31) about the procedures adopted under section 26 m

paragraph. 1, 2, 4 and 5.



31) the regulation of the European Parliament and of the Council (EU) no 1094/2010 of 24 March.

November 2010 establishing a European supervisory authority (European institution

for the insurance and occupational pensions), to change the

decision No 716/2009/EC and repealing Commission decision 2009/79/EC ".



232. In section 38d at the end of paragraph 5 is replaced by a comma and the following dot

the letter d), which read:



"(d)) the rate of the capital reserve pursuant to section a countercyclical 120s, paragraph 1(a). 3 and

the information referred to in section 12o of paragraph 1. 7. ".



233. under section 38d shall be added to § 38da, which reads as follows:



"§ 38da



(1) the Czech National Bank will provide to the European banking authority

synergies in all cases where the European banking authority of the

own initiative contributes to the solution of disputes between the competent authorities.



(2) the Czech National Bank uses data from the database of administrative penalties

The European banking authority for the assessment of the credibility of the members of the

the authorities of the Bank. ".



234. Under section 38e, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) the Czech National Bank shall inform the competent supervisory authority other than

the Member State of application of the procedure under section 26bb in respect of the branch of the Bank

other than the Member State.



(3) the Czech National Bank shall inform the appropriate College of supervisors of



and the composition of the combined capital reserve) and the date on which the Bank

subject to the obligations of the combined capital reserve in this composition

keep,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a reserve established in another Member State. '.



235. Under the designation section 38h shall be inserted before the heading "information exchange in

above the branches of the banks of the Member States ".



236. In paragraph 38h. 1, 3 and 6, the word "Bank" shall be deleted.



237. In paragraph 38h. 1 and 3, the word "other" inserted after the word "Member".



238. In section 38h paragraph 2 is added:



"(2) the Czech National Bank provides the supervisory authorities referred to in paragraph 1

all the information about bank shares and on the management of this bank or

a foreign bank that carries on business through its branches,

that may make it easier to protect financial stability, supervision or

a review of the conditions for issuing a licence or permit. Czech national

the Bank also provides all information likely to facilitate the supervision of the

Bank or foreign bank that carries on business through a

its affiliates, in particular information about the liquidity, solvency,

deposit insurance, capital ratio, limiting large exposures and other

factors that may affect the degree of systemic risk

represented by the Bank, administrative and accounting procedures and mechanisms

internal control. ".



239. In section 38h, paragraphs 4 and 5 shall be deleted.



The present paragraph 6 is renumbered as paragraph 4.



240. In section 38h paragraph. 4, after the word "supervision" shall be inserted the words "another

the Member State ".



241. In paragraph 38h. 4, the words ", or if the banking supervisory authority

another Member State does not provide the information referred to in paragraph 4 of the

^ 25) own-initiative "including a footnote No 25 deleted.



242. In section 38h paragraph 3, the following paragraph 4 is added:



"(4) the Czech National Bank shall immediately provide the supervisory authority of another

the Member State on whose territory the Bank carries out its activities

through a branch, all the information related to the supervision of the

compliance with requirements concerning liquidity according to the part of the sixth

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission and with the supervision on a consolidated basis according to the

the eighth section of this Act, if the information is relevant for the

ensure the protection of the common interests of the clients or investors, banks, or

financial stability in that Member State. The Czech National Bank

shall immediately inform the competent supervisory authority, if it is compromised

the liquidity of the Bank or if there is reason to suspect that it will be compromised

the liquidity of the Bank. In this case the Czech National Bank

the competent supervisory authority for information about a plan to restore liquidity,

the manner of his execution and the measures adopted in this regard.

The Czech National Bank shall, at the request of the supervisory authority of another Member

the State on whose territory the Bank carries out its activities through its

the branch, how to take into account the information received from it. ".



The current paragraph 4 shall become paragraph 5.



243. under section 38h shall be added to § 38ha, including title and notes

footnote No. 32 is added:



"§ 38ha



The exchange of information in the supervision on a consolidated basis



(1) in the exercise of supervision on a consolidated basis, the Czech

the National Bank cooperates with the supervisory authorities of other Member States.



(2) the Czech National Bank provides the supervisory authorities on request other

the Member States the information necessary for the performance of their supervision; from

its own initiative, the Czech National Bank provides the supervisory authorities of other

the Member States of the crucial information, which have a material effect on the

assessment of the financial situation of the foreign bank or financial institution in the

the Member State concerned, in particular, information about the



and related relations between members) of the consolidated Group, the structure of the

Administration and management including the organizational structure of the consolidated Group,

being included are all regulated and unregulated entities,

the unregulated subsidiary, branch and the controlling person and the

authorities in the supervision of the regulated entities in the consolidation,



(b)) collection of information from banks in the consolidation

verification of this information,



(c) developments in the Bank) or any other person in the consolidation, which can

seriously undermine the financial situation of the Bank in the consolidation,



(d)) serious sanctions and measures to remedy the extraordinary importance of the

imposed on the Bank under this law, in particular the requirement to increase the

the capital pursuant to section 26 paragraph. 2 (a). and), and not giving consent to the use of

internal access or an internal model for the calculation of capital

request or not giving consent to change of used internal

access or an internal model,



(e)) financial holding persons and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013.
(3) the information necessary for the exercise of supervision on a consolidated basis

The Czech National Bank will ask the supervisory authority of another Member State

supervising a person who is a member of the consolidated Group.

Also requests the authority carrying out supervision on a consolidated basis over the

the European controlling Bank of information on approaches and methods

used in the performance of prudential rules.



(4) the Czech National Bank may inform the European

banking, if the supervisory authority of another Member State rejects the request

The Czech National Bank about collaboration, in particular on the provision of information, or

does not provide the requested information within a reasonable time, or where the authority

banking supervision in another Member State does not provide essential information

on its own initiative ^ 32).



Article 32). 50 and 117 directive of the European Parliament and of the Council of 13/36/EU ".



244. Article 38i paragraph. 1 (a). (b)), the words "§ 26 paragraph. 1 (a). (h)) "

replaced by the words "§ 26 paragraph. 2 (a). point 1 ").



245. Article 38i paragraph. 1 (a). (c)), the word "special" is replaced by

"internal", the word "access" shall be inserted the words "or the internal

the model "and the words" section 12a paragraph. 4 or 7 "shall be replaced by the words" article. 301

paragraph. 2 regulation of the European Parliament and of the Council (EU) no 575/2013 ".



246. In section paragraph 38j. 1 (a). (c)), the words "§ 25 paragraph. 3 "shall be replaced by the words

"section 25 c".



247. In paragraph § 38j. 1 at the end of the text of subparagraph (d)), the words ",

including the number and nature of corrective measures or penalties adopted in accordance

with this Act ".



248. In section paragraph 38j. 1 (e)) shall be deleted.



Letters f) to (h)) are referred to as the letters e) to (g)).



249. In paragraph § 38j. 1 (a). (e)), the number "9" is replaced by "8" and the number

"10" is replaced by the number "9".



250. In section paragraph 38j. 1 (a). (f)), and g), the words "section 12" shall be replaced by the words

"article. 405 through 409 regulation of the European Parliament and of the Council (EU) No.

575/2013 ".



251. under § 38j, the following new section 38 k and 38 l shall be inserted:



"§ 38 k



If the Czech National Bank decided pursuant to article. 7. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

foreseen material practical or legal impediment to the prompt

transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 7

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person other than the Member

State,



c) collectively for the Czech Republic



1. the total amount of own funds on a consolidated basis of persons controlling

using the option provided for in article. 7. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a non-Member State,



2. the percentage of the total capital of persons controlling the

consolidated basis using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons other than the Member State,



3. the percentage of the total capital, according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013 on a consolidated basis

controlling persons using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons other than the Member State.



§ 38 l



If the Czech National Bank decided pursuant to article. 9 (2). 1 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

do not foresee any material practical or legal impediment to

immediate transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 9

paragraph. 1 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person other than the Member

State,



c) collectively for the Czech Republic



1. the total amount of own funds of persons controlling using options

laid down in article. 9 (2). 1 regulation of the European Parliament and of the Council (EU) No.

575/2013, which is held in the controlled persons other than the Member

State,



2. the percentage of the total of the capital controlled by persons using

the option provided for in article. 9 (2). 1 regulation of the European Parliament and of the

The Council (EU) no 575/2013, which is held in the controlled persons other than

the Member State,



3. the percentage of the total capital, according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013 persons controlling

using the option provided for in article. 9 (2). 1 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

other than the Member State ".



252. In § 39, paragraph. 1, the word "Workers" shall be replaced by

"Workers".



253. Article 40, paragraph 4 shall be deleted.



Paragraphs 5 to 7 shall be renumbered as paragraphs 4 to 6.



254. In section 41, paragraph. 1 the second sentence, the words "§ 26 paragraph. 1 (a). (e)) "

replaced by the words "part of the twelfth".



255. In paragraph § 41b. 6 the first sentence, the word "workers" shall be replaced by

"the workers".



256. In section 41b paragraph. 8 the first sentence, the word "workers" shall be replaced by

"workers".



257. In section 41 c of paragraph 1. 2 the first sentence, after the words "foreign banks"

the words "securities dealers, credit unions

the cooperatives ", after the word" institutions "shall be inserted after the words" insurance companies,

reinsurance undertakings "and at the end of the text of the first sentence, the words" including

foreign persons with similar activities ".



258. In section 41 d of paragraph 1. 1 the first sentence, after the words "National Bank"

the words "about the inability of the Bank" and the words "foreign bank" has the following

the comma.



259. under section 43, the following new section 44, 44a to 44 c shall be inserted:



"§ 44



The information referred to in section 11 c of paragraph 1. 1 (a). and (c))) the Bank shall publish for the first time in the

on 1 May 2004. September 2014 for the immediately preceding financial year, and this

the conditions and in the manner referred to in section 11 c.



§ 44a



The information referred to in section 11 c of paragraph 1. 1 (a). d) to (f)) to provide internationally

the specified global systemically important institutions for the first time by 1 March 2005. September 2014

for the immediately preceding financial year of the European Commission, and in

the scheme to confidential information and subject to the conditions and in the manner referred to in section 11 c.



section 44b



For the purposes of section 12j, paragraph. 3 and 4 to 31. December 2014 instead of the rate of 5%

It shall apply the rate of 3%.



§ 44 c



(1) the Czech National Bank may provide for measures of a general nature, the conditions

the criteria, requirements or procedures referred to in article 12(2). paragraph 124. 4 (b). and) article.

paragraph 150. 3, article. paragraph 153. 9, article. paragraph 181. 3 (b). and) article. paragraph 182. 4

(a). and) article. paragraph 197. 8 article. 221, paragraph. 9, article. paragraph 312. 4 (b). (b)) and

(c)). paragraph 316. 3, article. paragraph 318. 3, article. 363 paragraph. 4 (b). and (c))),

article. paragraph 382. 4 (b). and) article. 426, article. paragraph 440. 2 and article. 443 regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) a draft of the measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(3) Measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(4) measures of a general nature Against issued may submit written

reasoned objections only banks or branches of foreign banks, and in the

the deadline of 10 working days from the date of its publication. Lodged objections

ended, the Czech National Bank's communication. Lodged objections to the Czech national

the Bank used as a basis for the amendment or cancellation of the issued actions

of a general nature. ".



260. In section 44b the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) for the purposes of § 12u is capital for the global system

a major institution for the year



2016 25%) of the capital reserve provided for by § 12u,



(b)) the capital reserve of the 2017 50% determined in accordance with § 12u,



c) 2018 75% of capital reserve provided for by § 12u. ".



Article. (II)



Transitional provisions



1. the Bank is required to ensure compliance with the requirements provided for in § 8 paragraph.

4 (b). (c)) and section 8 (2). 6 of Act No. 21/1992 Coll., as amended effective from

date of entry into force of this law, to 1. July 2014. 2. Branch

Bank of a Member State shall proceed under section 5a paragraph. 4 of law No. 21/1992

Coll., on banks, in the version effective before the date of entry into force of this

the law, if it is a section, paragraph 14. 1 the second sentence of the law No.

21/1993 Coll., on banks, as effective from the date of entry into force of

This Act, until 31 December 2006. December 2014.



3. the procedure for the imposition of corrective measures or proceedings for the imposition of penalties

initiated by the date of entry into force of this law, and to this day

been completed by the executor of the existing legislation.

Corrective measures or sanctions shall be imposed according to the existing legal

regulations.



PART THE SECOND



Amendment of the Act on the Czech National Bank



Article. (III)
Law No 6/1993 Coll. on Česká národní banka, as amended by law No. 60/1993

Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., the finding of the constitutional

the Court declared under no 278/2001 Coll., Act No. 482/2001 Coll., Act

No 127/2002 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll., Act

No 57/2006 Coll., Act No. 62/2006 Coll., Act No. 230/2006 Coll., Act

No 160/2007 Coll., Act No. 36/2008 Coll., Act No. 124/2008 Coll., Act

No 254/2008 Coll., Act No. 281/2009 Coll. of law 285/2009 Coll., Act No.

295/2009 Coll., Act No. 145/2010 Coll., Act No. 156/2010 Coll., Act No.

41/2011 Coll., Act No. 92/2011 Coll., the Act No. 136/2011 Coll., Act No.

139/2011 Coll., Act No. 357/2011 Coll., Act No. 428/2011 Coll. and act

No 227/2013 Coll., is hereby amended as follows:



1. under section 44a is inserted after section 44aa, including footnotes, no.

40 and 41:



"section 44aa



The Czech National Bank will ensure that the exercise of supervision pursuant to other legal

^ legislation 40) and by directly applicable regulation in the European Union

governing the prudential requirements ^ 41) and also all the activities

performance-related surveillance have been separate and independent of the performance of

activities associated with the solution of the problems of the entities that are subject to its

the surveillance referred to in section 44, paragraph. 1 (a). and (c))) and (e)) and under section 44, paragraph. 3.

The Czech National Bank informs the Department of supervision and enforcement

activities associated with the solution of the problems of these bodies, the European Commission

and the European banking authority, and indicate how the Division of responsibilities and

responsibilities. The provisions of § 5 (3). 1 this does not prejudice.



40), for example, Act No. 21/1992 Coll., on banks, as amended

legislation, Act No. 256/2004 Coll., on business on the capital market, in

as amended, Act No 87/1995 Coll., on savings and

credit cooperatives and certain related measures and

supplementing the Act of the Czech National Council No. 586/1992 Coll., on income taxes,

as amended, law No 96/1993 Coll., on building savings

and State support of building savings and the law of the Czech national

Council No. 586/1992 Coll., on income taxes, as amended by the Act of the Czech national

No 35/1993 Coll., as amended.



41) European Parliament and Council Regulation (EU) no 575/13 of 26 February.

June 2013 on prudential requirements for credit institutions and

investment firms and amending Regulation (EC) No 648/2012. ".



2. In section 45, paragraph. 1 the first sentence, the words "by the law governing the performance of the

Control ^ 10) "shall be replaced by the words" control order ".



Footnote No. 10 shall be deleted.



3. footnote No 11:



"11) section 25 of Act No. 255/2012 Coll., on the control (control code).".



PART THE THIRD



Amendment of the Act on building savings



Article. (IV)



Law No. 96/1993 Coll., on building savings and State support of building

savings and the addition of the Czech National Council Act No. 586/1992 Coll., on the

income taxes, as amended by the Act of the Czech National Council No. 35/1993 Coll., on the

the text of Act No. 83/1995 Coll., Act No. 423/2003 Coll., Act No. 292/2005

Coll., Act No. 159/2006 Coll., Act No. 342/2006 Coll., Act No. 227/2009

Coll., Act No. 281/2009 Coll., Act No. 348/2010 Coll., ruling

the Court declared under no 119/2011 Coll., Act No. 263/2011 Coll., Act

No 353/2011 Coll. and Act No. 303/2013 Coll., is hereby amended as follows:



1. In section 9 (2). 8, the word "property" is replaced by "real

things ".



2. the heading above the marked section 16a is replaced by the heading "administrative delicts".



3. section 16a including title:



"§ 16a



Administrative delicts stavební spořitelna



(1) building society has committed misconduct by



and) activity in conflict with banking licences,



(b)) performs some of the activities listed in section 9 (2). 1 yet,

not preferably secured its obligations resulting from the concluded

contracts or the shortening of maturity of loans under building

saving or extending waiting periods on their supply,



(c)) in contravention of section 9 (2). 3 exceeds the amount set for the proportion of the sum of the

target amounts for



1. building society contracts with legal entities, or



2. receivables from loans,



d) stores the funds in contravention of section 9 (2). 4,



(e)) in contravention of section 1 or section 9 (2). 5 gets resources from other than

set operators



(f) issue bonds with maturity) longer than 10 years,



(g)) in contravention of section 9 (2). 6 it has holdings in other than the specified

legal persons,



(h)) in contravention of section 9 (2). 7 of its participation in the legal person exceeds the

limits, or



I) takes a culture thing in contravention of section 9 (2). 8.



(2) building society has committed misconduct by



and) contrary to section 5 (3). 1 do not communicate the content of the Treaty in the future participant

in text form in good time before its conclusion,



b) contrary to section 5 (3). 2 does not provide a loan from building savings

the participant,



c) contrary to section 5 (3). 3 provide the building savings loan to another

purpose than the financing of housing needs,



(d)) to provide funds from the loan from building savings before

the expiration of the waiting period referred to in section 5 (3). 4,



e) contrary to section 5 (3). 6 does not ensure that the



1. the contract should include the interest rate on deposits and the interest rate of the loan

building savings, or



2. the difference between the interest rate on deposits and the interest rate of the loan from

building savings amounted to less than 3 percentage points,



(f)) changes unilaterally the interest rate of the deposit specified in the contract in the

contrary to section 5 (3). 7,



(g)) does not ensure that the contract contained the requirements under section 5 (3). 11,



h) contrary to section 7 of the



1. the SSA or neuveřejní in an appropriate manner, the full text of all

approved the text of the general business conditions in the building society

the breakdown by period of validity, or



2. the full texts of all approved the text of the general terms and conditions

building society uses or publish without their approval

the Ministry, or



I) in contravention of section 11 (1). 2 apply shall be entitled to payment of the advance State

aid or State aid advances credited nepřipíše including interest from the

the advance of State aid on the accounts of the participants within one month from the receipt of the

advances from the Ministry.



(3) building society has committed misconduct by

and) asks for advance payment of State aid for the



a participant who does not comply with the conditions for entitlement to annual advance

State aid referred to in article 4, section 10, paragraph 1. 3 or in section 11 (1). 1,



(b)) does not check whether the participant takes the law on State aid

recorded on his account, under section 13 (3). 1,



(c)) does not check whether the conditions were met for the payment of State aid

the participant, under section 13 (3). 2, or



(d)) in contravention of section 13 (3). 3 return registered or paid State

the support.



(4) in the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 2,



(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b))

(e)), g) and (h)), or to paragraph 3,



c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

(f)), i) and (j)). ".



4. under section 16a is added to § (16aa), including the title:



"§ (16aa)



Administrative offences of legal persons and natural persons-entrepreneurs



(1) a legal person or a natural person-entrepreneur commits an administrative

tort by



and) contrary to section 3 uses the designation "savings" for any other form of

savings than is provided by this Act, or



(b)) uses the designation "building society", his translations or designation

classes that derive from it in a trade company in contravention of section 3.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 50 0000 0000

CZK. ".



5. Under section 16b designation shall be inserted before the heading "provisions common to administrative

deliktům ".



6. In section 16b of paragraph 1. 1 the words "stavební spořitelna" shall be replaced by the words

"legal person".



7. In section 16b of paragraph 1. 2 the words "building societies" are replaced by the words

"legal person".



8. In paragraph 3 of section 16b:



"(3) the administrative offenses under section 16a, paragraph. 1 and 2 and § (16aa) paragraph. 1 in the first

the degree of hearing the Czech National Bank. Fines for administrative offences

imposed by the Czech National Bank selects and enforced by the locally competent customs

the Office. Administrative offences of legal persons under section 16a, paragraph. 3 in the first

the degree of hearing Ministry, which also selects and recover the stored

fine. ".



9. In section 16b, after paragraph 3, insert a new paragraph 4 is added:



"(4) where the Czech National Bank, that there has been infringement of the legal

the obligations for which the penalty may be imposed under this Act, (hereinafter referred to as

"infringement"), it shall initiate the procedure for the imposition of sanctions, if the

the basis of the assessment of the detected infringement comes to the conclusion that the

It is socially harmful. In the assessment of social harmfulness

the infringement is based on the Czech National Bank, in particular, the nature,

the severity, duration and effect of the infringement and any

the procedure for persons suspected of offences while removing his

the consequences. If there is no procedure for the imposition of sanctions, shall be brought about

the record in the file and the case shall defer. The decision to postpone the things

does not issue ".
The current paragraph 4 shall become paragraph 5.



10. In section 18, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph

2.



PART THE FOURTH



Amendment of the Act on savings and credit cooperatives



Article. In



Act No 87/1995 Coll., on savings and credit cooperatives and some

related measures and the law of the Czech National Council

No. 586/1992 Coll., on income taxes, as amended by later regulations, in

the text of the Act No 100/2000 Coll., Act No. 406/2001 Coll., Act No.

212/2002 Coll., Act No. 257/2004 Coll., Act No. 280/2004 Coll., Act No.

377/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 70/2006 Coll., Act No. 120/2007 Coll., Act No.

296/2007 Coll., Act No. 126/2008 Coll., Act No. 254/2008 Coll., Act No.

230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.

156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.

41/2011 Coll., Act No. 73/2011 Coll., Act No. 139/2011 Coll., Act No.

420/2011 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No.

37/2012 Coll., Act No. 254/2012 Coll., Act No. 227/2013 Coll., Act No.

241/2013 Coll. and Act No. 303/2013 Coll., is hereby amended as follows:



1. In article 1 (1). 1 the first sentence, after the word "Union" ^ 1 ")", the words ",

at the same time builds on the directly applicable European Union ^ 38) ".



Footnote No. 38:



"38) European Parliament and Council Regulation (EU) no 575/13 of 26 February.

June 2013 on prudential requirements for credit institutions and

investment firms and amending Regulation (EC) No 648/2012. ".



2. In footnote 1, the third and fourth sentences, and are deleted at the end of

footnotes on a separate line without the quotes the following sentence

"Directive of the European Parliament and of the Council of 13//36/EU of 26 December. June

13 of the access to the activity of credit institutions and on the prudential supervision of the

supervision of credit institutions and investment firms and

Directive 2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC ".



3. In section 1 (1). 5 (a). (e)), after the words "credit institution" shall be

the words "securities dealer".



4. In section 1, paragraph 9 is added:



"(9) close links for the purposes of this Act, means the close links

According to the article. 4 (4). 1, point 38 of the European Parliament and of the Council (EU)

No 575/2013. ".



5. § 1a paragraph 1 reads:



"(1) for the purposes of this Act, means the



and credit institutions by the credit institution) according to the article. 4 (4). 1 (1)

Regulation of the European Parliament and of the Council (EU) no 575/2013



(b)) financial institution a financial institution referred to in article. 4 (4). 1, point 26

Regulation of the European Parliament and of the Council (EU) no 575/2013



(c) the credit institution) of institutions referred to in article. 4 (4). 1 point 1 and investment

the undertaking referred to in article. 4 (4). 1 point 2 of the regulation of the European Parliament and of the Council

(EU) no 575/2013



(d) a person associated with the associated person) according to the article. 4 (4). 1, point 35

Regulation of the European Parliament and of the Council (EU) no 575/2013



(e) consolidation of the controlling group) total credit institutions or

Group financial holding of a person or a group of mixed holding

the person taking the consolidation unit consists of at least 2 persons



(f)) controlling credit institution, a credit institution, which controls

at least one credit union,



g) financial holding the person the person referred to in article. 4 (4). 1, point 20

Regulation of the European Parliament and of the Council (EU) no 575/2013



h) mixed-activity holding the person the person referred to in article. 4 (4). 1, point 22

Regulation of the European Parliament and of the Council (EU) no 575/2013



I) mixed financial holding the person the person referred to in article. 4 (4). 1 point

21 of the European Parliament and Council Regulation (EU) no 575/2013



j) group controlling the credit institution group formed by the credit

institutions, controlled by persons and associated persons that are

institutions, financial institutions or ancillary services,



the financial holding group) person group formed by the financial

holding a person, her controlled entities and associated persons

are institutions, financial institutions or ancillary

services,



(l)) a group of mixed-activity holding persons group formed by the joint

holding a person, her controlled entities and associated persons

are institutions, financial institutions or ancillary

services,



m) domestic financial holding the person the person referred to in article. 4 (4). 1 point

30 of the European Parliament and Council Regulation (EU) no 575/2013



n) European controlling the credit institution controlling the credit institution

established in a Member State, which is not controlled at the same time another

credit institution, that has been granted permissions to perform activities in the

any Member State, a person or a mixed financial holding

financial holding a person based in any Member State,



European financial holding of) person the person referred to in article. 4 (4). 1 point

31 of the European Parliament and Council Regulation (EU) no 575/2013



p) domestic mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 32 regulation of the European Parliament and of the Council (EU) no 575/2013



q) European mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 33 regulation of the European Parliament and of the Council (EU) no 575/2013



r) responsible cooperative financial holding group záložnou in person

Credit Union-controlled financial holding person based



1. in the Czech Republic, if the person does not control these financial holding

No Bank,



2. in another Member State, if this financial holding a person at the same time

control the credit institution that has been granted permissions to the performance

activities in that Member State, or a credit institution with greater

the balance sheet total, which has been granted permissions to perform activities in another

Member State, or



3. in a non-Member State, if the Czech National Bank being

under section 25e, paragraph. 6 from the exercise of supervision on a consolidated basis over the

the financial holding group of the person;



If in such a consolidation of multiple cooperative banks,

the responsible cooperative záložnou in a group of financial holding of the person is

means a credit union with the largest balance sheet total,



with) responsible záložnou in the group controlling the cooperative credit

Credit Union institutions controlled by controlling a credit institution,

that has been granted permissions to perform activities in a non-member

State, if the Czech National Bank being under section 25e, paragraph. 6 from the

the exercise of supervision on a consolidated basis over that of the controlling group

of the credit institution; If in such a consolidation total more

credit unions, cooperative záložnou in the group responsible

the controlling shareholder of the credit institution shall mean a credit union with the largest

the balance sheet total,



t) responsible cooperative záložnou operated a mixed financial

holding a person Credit Union operated a mixed financial

holding a person based



1. in the Czech Republic, if the person does not control these financial holding

No Bank,



2. in another Member State, if this person mixed financial holding

at the same time control the credit institution that has been granted permissions to

the performance of the activities in that Member State, or a credit institution with greater

the balance sheet total, which has been granted permissions to perform activities in another

Member State, or



3. in a non-Member State, if the Czech National Bank being

under section 25e, paragraph. 6 from the exercise of supervision on a consolidated basis; If

in this consolidation more credit unions, responsible

cooperative záložnou the controlled person is a mixed financial holding

means a credit union with the largest balance sheet total,



for ancillary services) ancillary services undertaking pursuant to article. 4 (4).

1 point 18 of European Parliament and Council Regulation (EU) no 575/2013



in) by the Member State, the Member State of the European Union or of the other State forming

The European economic area,



w) consolidated the basis for a consolidated basis according to the article. 4 (4). 1

section 48 of the European Parliament and of the Council (EU) no 575/2013. ".



6. In Article 1a, paragraph 3 is deleted.



7. under section 1a is inserted after section 1b is inserted:



"section 1b



The Czech National Bank shall exercise the functions of the competent authority and is at the same time

the designated authority in accordance with regulation directly applicable in the European Union

governing the prudential requirements. ".



8. In Article 2a, paragraph. 1 third sentence, the word "consent" is replaced by

"authorisation".



9. In section 2a paragraph. 4 (b). (b)), the words "management persons" shall be replaced by the words

"the members of the Board, the Audit Commission and Commission credit cooperative

unions and the fulfilment of the other requirements of the authorities of the credit unions and

their members pursuant to section 7aa, ".



10. In section 2a paragraph. 4 (b). (c)), the word "management" is replaced by

"control" and the word "workers" shall be inserted the words "or physical

persons who carry out their activities under the command of another (hereinafter referred to as

"the worker"). "



11. In section 2a paragraph. 4 (b). (e)), after the words "(Section 2b, paragraph. 1) and "be inserted

the words "maximum 20".



12. In Article 2a, paragraph. 5 (a). (b)), the words "and other persons, that are

designed into the management function in a cooperative savings bank ' shall be deleted.
13. In Article 2a, paragraph. 7, the comma after the word "unions" shall be replaced by the word "and" and

the words "or are designed as control person" shall be deleted.



14. In section 2b, paragraph. 1, the first sentence shall be replaced by the phrase "Qualified participation

for the purposes of this Act, means the qualified participation by the article. 4 (4).

1, point 36 regulation of the European Parliament and of the Council (EU) no 575/2013. ".



15. In section 2b, paragraph. 7 is a number "14" is replaced by "15".



16. In section 2b, paragraph. 9 (a). (b)), the words "control of the person and the Executive Management

function in a cooperative savings bank "shall be replaced by the words" the members of the Board of Directors,

members of the Audit Commission and the members of the Commission and the persons credit Summit

management of the credit unions, which hold in the cooperative savings bank executive

function and are responsible for the management of the credit unions of her everyday

the proceedings ".



17. In Article 2b, paragraph 9, the following paragraph 10 is added:



"(10) If the Czech National Bank in considering requests for consent

finds that the conditions referred to in paragraph 9 are not complied with, and consent cannot be

grant, shall inform the applicant in writing of the findings within 2 working days

from the date of making this determination. The Czech National Bank can justify

a negative decision on a request for consent to publish, at the request of

the applicant or even without this request. ".



Paragraphs 10 to 17 shall be renumbered as paragraphs 11 to 18.



18. In section 2b, paragraph. 13, 14 and 17, the number "11" shall be replaced by the number "12".



19. In section 2 c of paragraph 1. 3 the words "§ 2b, paragraph. 3 and 11 "shall be replaced by the words" § 2b

paragraph. 3 and 12 ".



20. In section 2d paragraph. 2 (a). g), the words "capital adequacy"

replaced by the words "capital ratio according to the article. 92 European regulation

Parliament and of the Council (EU) no 575/2013 ".



21. In section 2d paragraph. 3 the first sentence with the number "2" is replaced by "3".



22. In section 2d paragraph. 3, the second sentence shall be deleted.



23. In section 2d paragraph. 3 (b). and), the word "economic" is replaced by

"financial".



24. In paragraph 4 of section 2d:



"(4) the Czech National Bank supervisory authority shall transmit to the host State the information

in accordance with paragraph 2 within 3 months from the date of their receipt. If The Czech

National Bank refuses to pass the supervisory authority of the host State data

pursuant to paragraph 2, this decision within this period justified. ".



25. In section 2d, the following paragraph 5 is added:



"(5) If the Czech National Bank refuses to pass the supervisory authority

the host State the information referred to in paragraph 2 or otherwise within the time limit

laid down in paragraph 4, the Credit Union may seek redress for

Court. ".



26. In section 2, paragraph. 1, the second and third sentences deleted.



27. In section 2, paragraph. 2, the words "to the extent that such data are

credit unions are established on its territory "shall be replaced by the words" for the purposes of

supervision by the host State, including the data necessary for the

decision on the designation of a branch as significant under section 22b.



28. In section 2, paragraph. 3, after the words "the supervisory authority of the host State"

the words "on the basis of information from the Czech National Bank pursuant to § 22a",

the words "in the areas that fall within the scope of" shall be deleted and the words "and

the Credit Union, despite the challenge of the supervisory authority of the host State

This will not stop the illegal status, the Czech National Bank on the basis of the

request, the supervisory authority of the host State, the necessary measures to

ensure the termination of the infringement and inform the supervisory authority

of the host State "shall be replaced by the words" or directly applicable

Regulation of the European Union governing the prudential requirements or if

reasonable grounds for suspicion, that violates the provisions of the law of the host

State or directly applicable European Union regulation governing

prudential requirements, Czech National Bank, after prior notification

supervisory authority of the host State shall take appropriate measures to

the remedy under section 28 leading to the Elimination of violations of these regulations

or to avert the risk of such a breach, and without undue

delay inform the supervisory authority of the host State ".



29. In section 2, the following paragraph 4, including the footnote.

39:



"(4) if the supervisory authority of the host State shall, because of the emergence of

emergency measures to ensure the protection and financial stability

common interests of clients or investors, credit unions in

the host Member State and with the Czech National Bank adopted

the measures do not match, you may request the European banking authority of

settlement of the dispute by the directly applicable European Union regulation

relating to the supervision of the financial market in the area of banking ^ 39).



Article 39). 19 the European Parliament and of the Council Regulation (EU) no 1093/2010 from

24 September. November 2010 establishing a European supervisory authority (European

banking authority), amending Decision No 716/2009/EC and repealing

Commission decision 2009/78/EC ".



30. In section 3, paragraph 3. 5, the words "public institutions" shall be replaced by the words

"public corporation".



31. In section 4, paragraph 4. 5, the words "§ 2b, paragraph. 4 to 10 "shall be replaced by the words" § 2b

paragraph. 4 up to 11 ".



32. In section 5 (a). j), the words "management persons" shall be replaced by the words "the members of the

the Board of Directors, of the Audit Commission and the credit of the Commission ".



33. In section 5, the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) a credit union may also adjust the power in the Constitution of the Member

the meeting laid down in the contract for the performance of functions of the level of the ratio between fixed and

variable component of remuneration higher than 100%, with the overall level of

the variable component shall not exceed, for any of the individual 200% fixed

his total remuneration folder. ".



34. In section 5a paragraph. 3 the first sentence, after the words "pursuant to section 11" shall be replaced

"and part of the fourth and the sixth European Parliament and Council Regulation (EU) No.

575/2013 ".



35. In section 6 (1). 10, the words "and control of the person" and the words "and management"

shall be deleted.



36. In section 7 (2). 5 the last sentence, after the words "financial institutions"

the words "a trader with securities, insurance companies,

reinsurance undertaking ".



37. In section 7 paragraph 6 and 7 are added:



"(6) a member of an elected authority of credit unions is obliged, before its

Select the appropriate feature inform whoever it chooses, on the

your trust, professional competence and experience, about the subject of your

any business activities of their membership in the bodies of other

legal persons, whether exercised in other legal persons

the function of authorized or has holdings in them, working or

a similar ratio, including the subject of activity of the legal person. A member of the

an elected authority credit unions inform of changes that

occurred during the performance of his functions.



(7) the Credit Union shall within 10 working days from the date of the election

Member credit unions to deliver the request to the Czech National Bank

assessment of the conditions for the exercise of functions including documents certifying the fulfilment of the

These terms and conditions. If the Czech National Bank decides that the elected Member

authority of the credit unions meet the conditions for the exercise of functions,

the performance of the functions on the date of notification of this decision of the cooperative savings bank. Czech

the National Bank in the matter of the assessment of the conditions for the exercise of the functions of a member of the authority

credit unions will decide within 60 days from the date of receipt of the application; If

to do so, shall be considered as conditions for performance of the functions of a member of the authority

the credit unions to be satisfied. The obligation to apply for the assessment of the conditions for

the performance of the functions of the Credit Union, if it is a member of the Committee for

Audit ^ 37). ".



38. In Section 7a, the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) the provision of trust, professional competence and experience of the members of the

the Board of Directors, of the Audit Commission and the credit of the Commission and



e) specialist competence and experience of the Board,

the Audit Commission and the credit of the Commission as a whole, to ensure understanding

the activities of credit unions, including sufficient understanding of the main

risks. ".



39. In Section 7a, paragraph. 2, after the words "be inserted after the word" effective "," and the word

"complexity" is inserted after the words "the risks associated with the model of business and".



40. In Section 7a, paragraph 2, the following paragraph 3 is added:



"(3) the Credit Union shall verify and regularly evaluate the effectiveness,

the consistency and adequacy of management and control system in its whole and

parts and zjednává without undue delay the relevant remedy. ".



Paragraphs 3 to 5 shall be renumbered as paragraphs 4 to 6.



41. In Section 7a, paragraph. 4 at the end of the text of the first sentence, the words ",

If the Czech National Bank has been granted a derogation under article 87(3)(a). 7

Regulation of the European Parliament and of the Council (EU) no 575/2013 ".



42. In Section 7a, paragraph. 4 the second sentence, after the words "person", the words ",

the responsible cooperative záložnou controlled by the mixed financial holding

the person ".



43. In Section 7a, paragraph 4, the following paragraph 5 is added:



"(5) the Credit Union, which has an obligation to establish and maintain control and

the control system on a consolidated basis, shall ensure that it operated

a person who is not subject to the supervision of the Czech National Bank, introduced the principles and
management processes, organizational arrangements and other procedures and mechanisms

in accordance with paragraph 1. This obligation may grant, Czech National Bank

an exception, if the Credit Union shows that the introduction of such a policy,

the procedures, arrangements and mechanisms is not in accordance with the laws of the country

headquarters of the controlled person. ".



Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.



44. In Section 7a of the text at the end of paragraph 7, the words ", including

jurisdiction, powers, composition and functioning of the organs and committees of the cooperative

unions, as well as requirements on their members, if this is not modified.

directly applicable EU regulation governing the prudential

requirements, regulations or decisions of the European Union ".



45. in Section 7a, the following new section 7aa to 7ad, as follows:



"the section 7aa



(1) the Credit Union shall ensure that the



and a member of its Board of Directors), Member of the Audit Commission and a member of its

the credit of the Commission has been the person trusted enough to professionally qualified and

experienced,



(b)) have been allocated sufficient human and financial resources for the continuous

the training of members of the Board of Directors, of the Audit Commission and the credit

the Commission and the



(c)) was carried out the policy of supporting diversity in the selection of the members of the

the Board of Directors, of the Audit Commission and the credit of the Commission.



(2) member of the Board, the Audit Commission and the credit Commission

credit unions throughout the performance of its functions



and) perform their duties properly, honestly and independently, and dedicated to the performance of this

its features enough time capacity,



(b) may at the same time hold function) in the bodies of other legal persons only

If it does not affect the sufficiency of time for filling capacity

the obligations in the authority of the credit unions in view of the nature, scope and

the complexity of its activities and taking into account individual circumstances,



(c)) in the cooperative savings bank, which is important due to its size,

the internal organization, the nature, scale and complexity of its activities, shall not

at the same time holding the bodies of other legal persons more

extent than



1. the performance of one member of the Executive with two non-features

Member, or



2. the performance of the four functions of a non-member.



(3) the Czech National Bank may, on the basis of a reasoned proposal for a cooperative

Member of the Board of Directors, allow the thrift to the Member of the Audit Commission or

the Member of the Commission in the savings bank credit cooperative, which is significant because

to their size, internal organisation, the nature, scope and complexity of the

their activities, to hold one additional function of a non-member in the body

other legal persons, if it does not affect the proper performance of the obligations in

authority of the credit unions.



(4) for the purposes of the provisions of paragraph 2 (a). (c)) does not function

Member of the legal person, that is not predominantly hire and destinations, and

Furthermore, it is considered a performance the performance of the functions of the Executive and

a non-member in the framework of the



and in the same group) controlling the credit unions,



(b)) of the same institutional protection system according to the article. paragraph 113. 7

Regulation of the European Parliament and of the Council (EU) no 575/2013



(c)), in which the business of the Corporation has the Credit Union by a qualified

participation.



(5) a member of the Executive, for the purposes of this Act, means the Member of the authority,

that in a cooperative savings bank holds an executive management function.



§ 7ab



(1) a Credit Union that is significant due to its size,

the internal organization, the nature, scale and complexity of its activities, shall establish



and risk Committee)



(b)), the Committee for the appointment of



(c) the remuneration Committee).



(2) a Committee for risk, the Nomination Committee and the remuneration Committee are

composed of non-executive members of the credit unions.



(3) by a decree of the Czech National Bank establishes the criteria for the assessment of

significance of credit unions referred to in paragraph 1.



§ 7ac



The Czech National Bank



and information on) uses the remuneration policy in accordance with the article. 450

Regulation of the European Parliament and of the Council (EU) no 575/2013 for comparison

the trends and practices of the remuneration,



(b)) keeps track of whether the Credit Union with regard to the nature, scale and

the complexity of their activities does not rely only on external credit assessment

in the assessment of the credit standing of entity, or a financial instrument, which

for the purposes of this Act, means the financial instrument referred to in article. 4 (4). 1

section 50 of regulation of the European Parliament and of the Council (EU) no 575/2013



(c) monitor the extent of volume) of risk-weighted exposure amounts or capital

the requirements of the credit unions, with the exception of the capital requirements for

operational risk, exposure, or the transaction in comparison

the portfolio resulting from internal approaches to credit unions;

operating risk, for the purposes of this Act, means the operational risk

According to the article. 4 (4). 1, point 52 of the regulation the European Parliament and of the Council (EU)

No 575/2013



(d) at least once a year) will evaluate the quality of internal cooperative approaches

unions,



(e)) shall take corrective measures, if internal access leads to an underestimation of the

the capital requirements, the credit unions, which is not the result of

the existing differences in the positions or exposures; measures to remedy the

maintains the objectives of internal access,



(f)) monitors the developments in connection with liquidity risk profiles,



g) shall adopt the measures referred to in point (f), if the development) can lead to

the instability of the credit unions, or system instability,



h) uses the information on the diversity policy in accordance with the article.

435 European Parliament and Council Regulation (EU) no 575/2013 for comparison

policies supporting diversity of selection of the members of the Board, the members of the

the Audit Commission and the members of the credit Commission credit unions.



§ 7ad



(1) the Credit Union shall establish for its staff for internal procedures

reporting violations of this law, the legislation implementing it

or a directly applicable regulation in the European Union relating to the

the prudential requirements of a special, independent and autonomous

communication channel.



(2) the Czech National Bank will put in place an effective mechanism to report violations of

or threatened violation of this law, it law

implementing or directly applicable regulation in the European Union

governing the prudential requirements and informs you about it in a way

enabling remote access; This mechanism includes at least



and the procedures for reporting violations of) or impending violation of Czech national

the Bank and their evaluation of the Czech National Bank,



(b) the protection of the person) reports the infringement or threatened infringement; If

This is a worker cooperative unions, the Czech National Bank and the cooperative

the Credit Union shall ensure at least protection from discrimination or other kinds of

unfair treatment,



(c)), the protection of personal data of the person who reports the infringement or threatened

violation of or that is allegedly responsible for the infringement or threatened

violation of, unless disclosure is required by national law, in

connection with another investigation or subsequent legal proceedings.



(3) by a decree of the Czech National Bank establishes the requirements for the procedures

credit unions referred to in paragraph 1, including ensuring the same degree of

protection, as is required under paragraph 2 (a). (b)), and (c)).



(4) the internal reporting Procedures referred to in paragraph 1 may be established on the

the basis of the agreement with the social partners, through or with the

using channels of communication of these partners, while ensuring the same

extent of protection as is required by paragraph 2 (a). (b)), and (c)). ".



46. § 7b including title:



"§ 7b



Disclosure of information



(1) the Credit Union discloses basic information about yourself, about your

Members, the structure of the consolidated Group, which is part of the, and of their

the activities and the financial situation.



(2) the Credit Union established the obligation on

a consolidated basis in accordance with this law or by directly

the applicable regulation in the European Union relating to the prudential

requirements, will publish annually information about



and related relations between members) of the consolidated Group, including

information about the close link,



(b)) the management and control system under section 7a of the paragraph. 1 (a). and (e)),)



(c)) the management and control system of the consolidation unit pursuant to Section 7a of the paragraph.

4.



(3) the Credit Union shall fulfil the obligation under paragraph 2 and by posting the

the reference to the place where such information is available.



(4) the Czech National Bank may provide less than the yearly periodicity

disclosure of information to credit unions under the eighth section of the regulation

The European Parliament and of the Council (EU) no 575/2013.



(5) the Credit Union shall publish in its annual report key

indicators of return on its assets, expressed as a percentage of net profit

and the overall balance sheet total.



(6) the Auditor verifies data on capital, capital requirements and

ratios the credit unions.



(7) the Credit Union discloses information about how compliance with the requirements

on the management and control system, in a manner enabling remote access.



(8) the Czech National Bank



and Decree) lays down the scope of data for disclosure pursuant to paragraphs

1 to 3, as well as form, the way the structure and limits the disclosure of data and
the periodicity of the publication of the information referred to in paragraph 1,



(b) may lay down the periodicity of the Decree) in accordance with paragraph 4, the time limit and method

the disclosure of information,



(c)) provides a range of information designed to Decree public disclosure by

paragraph 7, as well as the form, method, structure, periodicity and deadlines

disclosure of data



(d) Decree) lays down the scope of the data verified by an auditor. ".



47. In Article 7b shall be inserted after paragraph 4, a new paragraph 5 and 6 are added:



"(5) the Credit Union shall publish annually in the immediate

the previous accounting period with a resolution by each Member

States and other than the Member State in which the branch,



and enumeration of the activities) carries out, and their geographical location,



(b))



(c) the number of staff) calculated on full-time staff equivalents

working time,



d) the profit or loss before tax,



e) corporate income tax or a similar tax paid abroad

or loss,



(f) public aid).



(6) the information referred to in paragraph 5 shall be published in the annex to the annual accounts

or if he shall draw up the consolidated financial statements, in

the annex to the consolidated accounts. ".



Paragraphs 5 to 8 shall be renumbered as paragraphs 7 to 10.



48. In section 7b, at the end of paragraph 7, the following sentence "the Auditor in the course of their

the audit work also verifies the information referred to in paragraph 5. ".



49. In section 7b, paragraph. 10 (a). (c)), the number "7" shall be replaced by the number "9".



50. In section 8, paragraphs 2 to 12, including footnotes, no. 11, 12, 30 and

31 shall be deleted and paragraph 1 shall be deleted.



51. In section 8a, paragraph. 1, the second sentence shall be deleted.



52. In section 8a, paragraph 3 reads:



"(3) the obligations referred to in paragraphs 1 and 2 has on an individual basis

only the Credit Union, which is not



and controlled by a local bank the controlling shareholder) ^ 12) financial domestic

holding the person or domestic person, mixed financial holding



(b)) in the Group záložnou, the responsible cooperative controlling credit

the institution or in the Group of the European people or of another financial holding

cooperative záložnou in such a group,



(c)), the responsible cooperative záložnou controlled the European mixed financial

holding a person, or



(d)), included in the consolidation pursuant to article. 19 of the regulation of the European Parliament

and of the Council (EU) no 575/2013. ".



53. In section 8a, paragraph. 4, after the word "basis", the words "to the extent and

in the first part of title II, Chapter 2, sections 2 and 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 "and the word" person "

the words "responsible cooperative záložnou controlled mixed

financial holding person ".



54. under section 8a, the following new section 8aa to 8ai, including the headings and

footnote No. 40:



"the section 8aa



The combined capital reserve



(1) the Credit Union keeps equity tier 1 by

article. 50 European Parliament and Council Regulation (EU) no 575/2013

the corresponding combined capital reserve, over and above the requirements of the

in the capital, according to the article. 92 of the European Parliament and of the Council (EU) No.

575/2013, capital requirements imposed on her through steps to

redress and other measures under this Act or other legal

legislation and taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk.



(3) the Credit Union maintains a capital reserve referred to in paragraph 2

(a). and (c))) on the individual and consolidated basis pursuant to section

the first head of the second regulation of the European Parliament and of the Council (EU) No.

575/2013.



(4) If the Credit Union does not maintain a combined capital reserve

in the required amount, must not divide the proportion of profit after taxation, and to

5 working days from the date, when the decrease in combined capital

the reserves below the required amount, shall submit a request to the Czech National Bank

approval of a plan to restore the capital. The Czech National Bank may

period may be extended up to 10 working days depending on the assessment of the

the individual situation of the credit unions with regard to the scope and

the complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, the cooperative

a credit union within the time limit will meet the combined capital reserve.

If the Czech National Bank plan to restore capital does not approve, saves

measures to remedy pursuant to section 28, paragraph. 2 (a). and point 12) or section 28 paragraph.

2 (a). (e)).



(6) the Czech National Bank establishes by Decree



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after taxation referred to in paragraph

4,



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 8ab



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 8ac



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c) the specifics of the Czech national economy),



(d) the recommendation issued by the European Council) for systemic risks.



(3) the Czech National Bank on a quarterly basis provides a rate of countercyclical

capital reserves for the Czech Republic, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks,



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserve referred to in paragraph 3 shall be

0% up to 2.5% of the total risk exposure according to the article. 92

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, the Czech National Bank

lay down this rate higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3,



(b)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year,



f) tentative specified period, after which the Czech National Bank expects

the rate referred to in paragraph 5 (a). and justification) will not be increased, including the length of the

This period, when the rate was countercyclical capital reserves

reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 8ad



(1) the Credit Union shall apply the rate of countercyclical capital reserves

for another Member State of the competent authority or established

the designated authority of the Member State of ^ 40), if this rate was

set up to 2.5% of the total risk exposure according to the article.

paragraph 92. 3 regulation of the European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. The Credit Union in the

this case uses the rate set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for another Member State pursuant to

paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),
(c)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 8ae



(1) the Credit Union shall apply the rate of countercyclical capital reserves

for other than the Member State of the competent authority, which has set the

in this State, if this rate was fixed up to 2.5% of the total

the volume of risk exposure according to the article. paragraph 92. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013.



(2) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserve less than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank may increase the rate of up to

2.5%, if it considers it necessary in terms of the risks associated with the volume

granted loans in that State. In this case, the Credit Union

uses the rate set by the Czech National Bank.



(3) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserves higher than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank recognised or accepted this rate

rate of 2.5%. In this case, the Credit Union uses the rate

set by the Czech National Bank.



(4) if the competent authority of a Member State other than the rate

countercyclical capital buffers determined, the Czech National Bank may

This rate set up to 2.5% of the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. In this case, the Credit Union shall apply the rate provided for

The Czech National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for other than the Member State

in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



§ 8af



(1) the Czech National Bank may provide to credit unions, the Group

generically designated credit unions or individual cooperative

Credit Union continuously maintain a capital reserve to cover system

the risks to the individual and consolidated basis as part of the first

the head of the second regulation of the European Parliament and of the Council (EU) no 575/2013

above the capital requirements under article. 92 this regulation,

the capital requirements imposed on cooperative savings bank through

measures to redress and other measures under this Act or any other

legislation and taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State or a non-Member State. Czech

the National Bank takes into account when setting rates to above rates

not have an adverse impact on the financial market as a whole or in part in the

other Member States of the European Union or of the European Union and has not been

an obstacle to the functioning of the single market. The Czech National Bank

reviewing the reasons for the determination of capital reserves to cover

systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the data needed to identify the credit unions, which is required to

maintain a capital reserve to cover systemic risk,



(c)) the date from which the credit union concerned is obliged to rate according to

(a)),



(d)) names of States, covered by the rate under (a)).



§ 8ag



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013

exception of articles 458 and 459 of this regulation,



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

prior to the date of issue of the decision or action of a general nature according to § 8af

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature referred to in section paragraph 8af. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States, must

be the rate of the capital reserves to cover systemic risk is the same for

all the Member States.



(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States issued a recommendation to recognise the rate of capital reserves to cover

systemic risk set by the Czech National Bank for the Czech

the Republic.



§ 8ah



(1) If the competent authority or a designated authority of another Member State

set for that Member State, the rate of capital reserves to cover

systemic risk, the Czech National Bank rate for the purposes of calculating

capital reserves to cover systemic risk and decision or

measures of a general nature referred to in section paragraph 8af. 3 this rate. Czech

the National Bank before setting the rates take into account the information referred to in

notification to the competent authority of the Member State concerned.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State.



§ 8ai



(1) when issuing the measures of a general nature according to § 8ac to section 172 8af and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 8af paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) Against the measures of a general nature issued by the Credit Union may submit an
a written reasoned objections within a period of 10 working days from the date of its

the notification. Lodged objection shall execute the Czech National Bank's communication. Filed by

objections to the Czech National Bank may be used as a basis for change or

the cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision according to § 8af

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons.



40) Article. 4 (4). 1 point 40 and article. paragraph 458. 1 regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



55. In section 8ag, the following paragraphs 6 and 7 are added:



"(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature referred to in section paragraph 8af. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for the Credit Union,

the controlling entity has its registered office in another Member State, and the Czech national

the Bank and the relevant authorities or the authorities designated by the Member State concerned

do not agree or, in the case where the opinions of the European Commission and the European

the Council for system risks are ' no ', the Czech National Bank may

refer the matter for decision to the European banking authority in accordance with

directly applicable provision of the European Union relating to the supervision of the

the financial market in the area of banking ^ 38). The Czech National Bank

decisions or measures of a general nature referred to in section paragraph 8af. 3,

until in the matter unless the European banking authority ".



56. under section 8ai, the following new section to which 8aj 8au including the following titles:



"§ 8aj



The combined capital reserve



(1) the Credit Union keeps equity tier 1 by

article. 50 European Parliament and Council Regulation (EU) no 575/2013

the corresponding combined capital reserve, over and above the requirements of the

in the capital, according to the article. 92 of the European Parliament and of the Council (EU) No.

575/2013, capital requirements imposed on her through steps to

redress and other measures under this Act or other legal

legislation and taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk,



(d)) for the global capital of systemically significant institution



e) capital for another systemically significant institution.



(3) the Credit Union maintains a capital reserve referred to in paragraph 2

(a). and (c))) and (e)), on an individual and consolidated basis according to the

the second part of the first title regulation of the European Parliament and of the Council (EU) No.

575/2013. The Credit Union maintains a capital reserve referred to in paragraph

2 (a). (d)) on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. The obligation to

maintain a capital reserve referred to in paragraph 2 (a). (d)) and e) also has a

responsible Credit Union in the Group of the European financial holding

person or responsible Credit Union-controlled European mixed

financial holding person, if this European financial holding

the person or person of the European mixed financial holding was marked

as systemically significant institution in accordance with § 8ar, paragraph. 2 or § 8as paragraph.

2.



(4) If the Credit Union does not maintain a combined capital reserve

in the required amount, must not divide the proportion of profit after taxation, and to

5 working days from the date, when the decrease in combined capital

the reserves below the required amount, shall submit a request to the Czech National Bank

approval of a plan to restore the capital. The Czech National Bank may

period may be extended up to 10 working days depending on the assessment of the

the individual situation of the credit unions with regard to the scope and

the complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, the cooperative

a credit union within the time limit will meet the combined capital reserve.

If the Czech National Bank plan to restore capital does not approve, saves

measures to remedy pursuant to section 28, paragraph. 2 (a). and point 13) or § 28 paragraph.

2 (a). (f)).



(6) the Czech National Bank establishes by Decree



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after taxation referred to in paragraph

4,



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 8ak



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 8al



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c) the specifics of the Czech national economy),



(d) the recommendation issued by the European Council) for systemic risks.



(3) the Czech National Bank on a quarterly basis provides a rate of countercyclical

capital reserves for the Czech Republic, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks,



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserves pursuant to paragraph 3 of the regulation

The European Parliament and of the Council (EU) no 575/2013 shall be at the rate of 0% to

2.5% of the total risk exposure according to the article. paragraph 92. 3 in the

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, the Czech National Bank

lay down this rate higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3,



(b)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year,



f) tentative specified period, after which the Czech National Bank expects

the rate referred to in paragraph 5 (a). and justification) will not be increased, including the length of the

This period, when the rate was countercyclical capital reserves

reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 8 am



(1) the Credit Union shall apply the rate of countercyclical capital reserves

for another Member State of the competent authority or established

the designated authority of the Member State of ^ 40), if this rate was

set up to 2.5% of the total risk exposure according to the article.

paragraph 92. 3 regulation of the European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. The Credit Union in the

this case uses the rate set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature
and counter-cyclical capital reserve) rate for another Member State pursuant to

paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 8an



(1) the Credit Union shall apply the rate of countercyclical capital reserves

for other than the Member State of the competent authority, which has set the

in this State, if this rate was fixed up to 2.5% of the total

the volume of risk exposure according to the article. paragraph 92. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013.



(2) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserve less than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank may increase the rate of up to

2.5%, if it considers it necessary in terms of the risks associated with the volume

granted loans in that State. In this case, the Credit Union

uses the rate set by the Czech National Bank.



(3) if the competent authority of a Member State other than the stipulated rate

countercyclical capital reserves higher than 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, the Czech National Bank recognised or accepted this rate

rate of 2.5%. In this case, the Credit Union uses the rate

set by the Czech National Bank.



(4) if the competent authority of a Member State other than the rate

countercyclical capital buffers determined, the Czech National Bank may

This rate set up to 2.5% of the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. In this case, the Credit Union shall apply the rate provided for

The Czech National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for other than the Member State

in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)),



(c)) the date from which the credit unions are required to use the rate according to the

(a)) for the purposes of calculating the combined capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



§ 8ao



(1) the Czech National Bank may provide to credit unions, the Group

generically designated credit unions or individual cooperative

Credit Union continuously maintain a capital reserve to cover system

the risks to the individual and consolidated basis as part of the first

the head of the second regulation of the European Parliament and of the Council (EU) no 575/2013

above the capital requirements under article. 92 this regulation,

the capital requirements imposed on cooperative savings bank through

measures to redress and other measures under this Act or any other

legislation and taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State or a non-Member State. Czech

the National Bank takes into account when setting rates to above rates

not have an adverse impact on the financial market as a whole or in part in the

other Member States of the European Union or of the European Union and has not been

an obstacle to the functioning of the single market. The Czech National Bank

reviewing the reasons for the determination of capital reserves to cover

systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the data needed to identify the credit unions, which is required to

maintain a capital reserve to cover systemic risk,



(c)) the date from which the credit union concerned is obliged to rate according to

(a)),



(d)) names of States, covered by the rate under (a)).



§ 8ap



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013

exception of articles 458 and 459 of this regulation,



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

prior to the date of issue of the decision or action of a general nature referred to in section 8ao

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature referred to in section 8ao paragraph. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States, must

be the rate of the capital reserves to cover systemic risk is the same for

all the Member States.



(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States issued a recommendation to recognise the rate of capital reserves to cover

systemic risk set by the Czech National Bank for the Czech

the Republic.



(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature referred to in section 8ao paragraph. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for the Credit Union,

the controlling entity has its registered office in another Member State, and the Czech national

the Bank and the relevant authorities or the authorities designated by the Member State concerned

do not agree or, in the case where the opinions of the European Commission and the European

the Council for system risks are ' no ', the Czech National Bank may

refer the matter for decision to the European banking authority in accordance with
directly applicable provision of the European Union relating to the supervision of the

the financial market in the area of banking ^ 38). The Czech National Bank

decisions or measures of a general nature referred to in section 8ao paragraph. 3,

until in the matter unless the European banking authority.



§ 8aq



(1) If the competent authority or a designated authority of another Member State

set for that Member State, the rate of capital reserves to cover

systemic risk, the Czech National Bank rate for the purposes of calculating

capital reserves to cover systemic risk and decision or

measures of a general nature referred to in section 8ao paragraph. 3 this rate. Czech

the National Bank before setting the rates take into account the information referred to in

notification to the competent authority of the Member State concerned.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State.



§ 8ar



Capital reserve for global systemically important institution



(1) the Czech National Bank decides that the Credit Union, which was

marked as global systemically important institutions, continuously maintained

capital reserve for global systemically important institution on the

consolidated basis according to the second part of the first head of regulation

The European Parliament and of the Council (EU) no 575/2013, over and above the requirements of the

in the capital, according to the article. 92 this regulation, capital requirements imposed

her through the corrective measures and other measures referred to in this

Act or other legislation and taking into account internally

capital.



(2) the Czech National Bank will decide on the destination global systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. As a global

systemically significant institutions may be designated European controlling

European credit institution, a financial holding person, European mixed

financial holding the person or the credit union except for cooperative

unions controlled by the European institutions, the European financial controlling

holding the person or the European mixed financial holding person.



(3) the Czech National Bank establishes the importance of the global system

systemically relevant institution on the basis of the following criteria:



and the size of the Group) global systemically relevant institutions,



(b)) the Group global interconnectedness of systemically relevant institutions with

the financial system,



(c)) the substitutability of the services provided by global systemically

significant institutions,



(d)) the complexity of the global group of systemically relevant institutions,



e) cross-border activity of the Group global systemically relevant institution.



(4) the Czech National Bank will decide on the inclusion of global systemically important

the institution into one of 5 categories on the basis of the evaluation

the relevance of the institution, while the system is governed by the methodology set out

the European Commission decision or regulation. The Czech National Bank may in

justified cases include global systemically important institution

in the category with the higher systemic significance and in some of the categories

may include also the institution that has not been designated as systemically

significant. The Czech National Bank shall inform the European banking authority

of the cases referred to in the second sentence, and indicate the reasons for so doing.



(5) the Czech National Bank establishes by decree for each category

systemic significance for global capital reserve rate system

an important institution, and for the institutions listed in category with

the lowest level of systemic significance lays down this rate of 1% and

for institutions classified in the category with the highest level of system

the significance of 3.5% of the total risk exposure by

Article 92, paragraph. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013. The Czech National Bank establishes the rate to the fourth category in the

multiples of 0.5 percentage point.



(6) the Czech National Bank shall inform the European Commission, the European

banking and the European systemic risk Council of the names of the institutions,

that have been identified as global systemically important.



§ 8as



Capital reserve for another important institution system



(1) the Czech National Bank may provide to the Credit Union, which

has been marked as other systemically significant institutions, continuously

maintain a capital reserve of systemically significant institution to another

on the individual and consolidated basis according to the part of the first head of the second

Regulation of the European Parliament and of the Council (EU) no 575/2013 and beyond

capital requirements according to the article. 92 this regulation, capital requirements

stored her through the corrective measures and other measures referred to in

of this Act or other legislation and taking into account internally

capital.



(2) the Czech National Bank will decide on the destination of the other systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. Like other

systemically significant institution can be marked with the European controlling

European credit institution, a financial holding person, European mixed

financial holding the person or Credit Union.



(3) the Czech National Bank establishes the significance of other system-system

significant institutions, at least one of the following criteria:



and the size of the institution) or group other systemically relevant institution



(b)) the importance of the institution or other systemically relevant institution of the group for the

the economy of the European Union or the Czech Republic,



(c)) the importance of cross-border activities of the institution or other systemically group

significant institutions, or



(d)), the interconnectedness of the institution or other systemically relevant institution group

with the financial system.



(4) the Czech National Bank may decide on the fixing of rates of capital

reserves for other systemically significant institution in the amount of 2% of the total

the volume of risk exposure according to the article. paragraph 92. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013, taking into account system

the relevance of the institutions referred to in paragraph 3. The Czech National Bank in

determination of the rate takes into account the fact that the amount of rates had a negative impact

on the financial market as a whole or in part in other Member States

The European Union or the European Union, and not an obstacle to the functioning of the

of the single market. The Czech National Bank is reviewing a request to

capital reserve for another important institution at least systemically

Once a year.



(5) the Czech National Bank shall notify the intention to establish or change rate

capital reserves for another important institution the European system

the Commission, the European banking authority, the European Council for system

risks and to the competent authorities or to the designated authorities of the States concerned

not later than 1 month before the date of the decision referred to in paragraph 4.



(6) the notice referred to in paragraph 5 contains



and the capital reserve) rate for another major institution system



(b)) of the rates referred to in point (a)) in terms of its effectiveness and

mitigate the risk, the adequacy of



(c) the likely) the assessment of the positive and negative impacts of the establishment of

capital reserves for other systemically important institution on the single

the market of the European Union on the basis of the information available to the Czech National Bank.



(7) if the other institution is systemically significant controlled by global

systemically significant institution or other systemically significant institutions,

that is the European controlling a credit institution and is required to maintain

capital reserve for another important institution on the system

consolidated basis then capital reserve for this other systemically

an important institution on an individual or subconsolidated basis

According to the article. 4 (4). 1 section 49 of the regulation the European Parliament and of the Council (EU)

No 575/2013 may not exceed the higher of the following values:



a) 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, or



b) capital reserves are calculated from the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013 rate capital reserves for global system

a major institution or the rate of the capital reserves for another system

an important institution applied to a group on a consolidated basis.



§ 8at



(1) the Czech National Bank is reviewing the determination of the global system

major institutions and other systemically important institutions and inclusion

Global systemically important institutions in the category system

significance of once a year. The Czech National Bank on the outcome of the review

shall inform the concerned systemically relevant institutions, European Commission,

The European banking authority and the European systemic risk Council.



(2) the Czech National Bank publishes in a manner enabling remote access

the current list of institutions that have been identified as global system

relevant or as other systemically significant, and the category system

of significance, to which the global systemically important institutions

included.



§ 8au
(1) when issuing the measures of a general nature according to § 8ao, § 8al to 172 and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 8ao paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) Against the measures of a general nature issued by the Credit Union may submit an

a written reasoned objections within a period of 10 working days from the date of its

the notification. Lodged objection shall execute the Czech National Bank's communication. Filed by

objections to the Czech National Bank may be used as a basis for change or

the cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision under section 8ao

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons. ".



57. In section 8b, paragraph. 4, the words "management persons" shall be deleted.



58. under section 9 shall be added to the new section 9a is added:



"§ 9a



(1) the Czech National Bank may issue the measures of a general nature on the basis of, and

within the limits of the regulation directly applicable European Union legislation

prudential requirements, where this is a directly applicable provision

allows the competent authority to grant an exemption or edit the use

the rules governing cooperatives, credit unions or the Group generically designated

credit unions.



(2) a draft of the measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(3) Measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(4) measures of a general nature Against issued may submit written

reasoned objections only credit unions, within 10

working days from the date of its publication. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or repeal of the measures of a general nature issued. ".



59. Article 11, paragraph 1 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



60. In section 11 (1). Part 1 introductory provisions: "the Credit Union is

required to comply with the rules for safe operation, which can edit

in particular ".



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



61. In section 11 (1). 1, letter a) is repealed.



The former subparagraph (b)) and (c)) shall become letters and) and (b)).



62. In section 11 (1). 2, the words "paragraphs 1 and 2" shall be replaced by "paragraph

1. "



63. In section 13 (3). 8, the second sentence shall be inserted after the phrase "in the determination of remuneration

the liquidator is government regulation governing the determination of the remuneration of the liquidator

not apply. ".



64. In article 14, paragraph. 1 the first sentence, the word "thirteenth" shall be replaced by

"the fourteenth".



65. In section 14, paragraph. 2 (a). and) and the control of the person "shall be deleted.



66. In section 14, paragraph. 2 (a). (c)), the words "management persons" shall be deleted.



67. In § 21. 2, the second sentence shall be deleted.



68. In article 21, paragraph 3 is deleted.



Paragraphs 4 and 5 shall become paragraphs 3 and 4.



69. In article 21, the following paragraph 5 to 10, including the comments below

line no. 41:



"(5) the Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of colleges in

the framework of the European system of financial supervisors ^ 41).



(6) the Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of the European authority for the

banking.



(7) the Czech National Bank in the exercise of its jurisdiction under this Act, and

According to the regulation directly applicable European Union legislation

prudential requirements shall take into account the convergence of tools and procedures

banking supervision that are used in the Member States; based on the

the guidelines, recommendations, standards, and other measures adopted by the European

authority for banking, unless the reasons for which do not do so.



(8) the Czech National Bank may require the regular provision of information

necessary for the performance of its responsibilities and for statistical purposes from



and credit unions),



(b)) the financial holding of the person,



(c)) mixed financial holding of the person,



(d) the holding of the person)



e) persons belonging to the persons referred to in points (a) to (d))),



(f)) of the person that was the persons referred to in points (a) to (d))) responsible for

the performance of the activities.



(9) the Czech National Bank may carry out checks on the persons referred to in

paragraph 5, if this is necessary for the exercise of its competence; for this

the purpose of the may



and require the submission of documents)



(b)) to examine the books and records and to make copies of and extracts from them,



(c)) obtain written or oral explanations from the persons referred to in paragraph

8, their representatives and workers,



(d)) to obtain oral explanations from persons other than is stated in paragraph 8

under the terms of that consent.



(10) the Czech National Bank may carry out checks on the spot for people

referred to in paragraph 8 (a). b) to (f)) and all persons who are subject to the

supervision on a consolidated basis, if the concerned shall inform in advance the

supervisory authority.



Article 41). 6 of the directive of the European Parliament and of the Council no 2013/36/EU ".



70. under article 21, the following new section 21a to 21d, including the title and

footnote No 42:



"§ 21a



The process of review and evaluation



(1) in the performance of the Czech National Bank supervision at the same time reviewing and

evaluates whether the arrangements, strategies, processes and mechanisms implemented by the

cooperative záložnou in order to meet the requirements laid down in this

by law, directly applicable EU regulation governing the

prudential requirements, regulations or decisions of the European Commission,

the capital and liquidity of credit unions provide safe and reliable

the operation of credit unions and the proper management and risk coverage. Czech national

the Bank always evaluates the risks to which the Credit Union is or may

be exposed to the risks, which may represent a Credit Union for

the financial market with a view to identifying and measuring systemic risk by

article. 23 the European Parliament and Council Regulation (EU) no 1093/2010 or

recommendation of the European Council for system risks and risk exposed

stress tests.



(2) the review and evaluation performed by the Czech National Bank in

the frequency and intensity of reasonable size, significance and status

credit unions in the financial market and the nature, scale and complexity of the

its activities at least once a year, and in the scope of the cooperative

the savings bank requirements laid down by the second part of the first head of regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

Of the European Commission.



(3) the Czech National Bank shall review and evaluate the credit, market and

operational risk; the review and evaluation shall be aimed for at least

on



and the results of stress tests carried out by) a cooperative referred to in article záložnou.

177 of the regulation the European Parliament and of the Council (EU) no 575/2013 when using

internal ratings-based approach,



(b) exposure to a concentration of the risk), and his management of the cooperative záložnou

including compliance with the requirements referred to in part four of the regulation of the European

Parliament and of the Council (EU) no 575/2013, the European regulations or decisions

the Commission, the



(c) the appropriateness, effectiveness and) resilience of the policies and procedures for the management of the residual

the risks associated with the use of the eligible credit reduction techniques

the risks to which means of credit risk mitigation in accordance with article. 4 (4). 1

section 57 of the European Parliament and of the Council (EU) no 575/2013

the accuracy of their application,



(d)) the rate at which capital maintained by cooperative záložnou against assets,

that sekuritizovala corresponds to the economic substance of the transaction,

including the existing degree of risk transfer



e) exposure to credit unions against liquidity risk measurement and management

liquidity risk analysis including the development of alternative scenarios,

management of the risk factors and the effectiveness of the contingency plans,



(f) the effects of risk-spreading and) how are these effects included

in the risk-measurement system,



(g) the results of the stress tests carried out) cooperative záložnou in

the use of an internal model for the calculation of the capital requirement for market

the risk according to the fourth part of the third chapter of the fifth title regulation of the European

Parliament and of the Council (EU) no 575/2013



h) geographic location of exposures credit unions,



I) model business credit unions,



j) assessment of systemic risk.



(4) the Czech National Bank also examines and evaluates the



and) overall liquidity risk management credit unions; in doing so, it promotes

the development of sound internal methodologies and take into account the position of the cooperative
unions in the financial markets and duly into account in the decisions made by the

following the review and evaluation of the potential impact on the stability of the

the financial system in all other Member States concerned,



(b)) credit unions against the interest rate risk of the investment

the portfolio, which, for the purposes of this Act, means the portfolio to

which includes tools that are not included in the commercial

the portfolio; If as a result of sudden and unexpected changes in interest

rates by more than 2 percentage points, or about the value laid down in the General

the guidelines, the European banking authority decreased economic value

credit unions by more than 20% of the capital, saves, Czech National Bank

appropriate corrective measures,



c) exposure to credit unions to the risk of excessive leverage, which is for

the purposes of this Act, means the lever according to the article. 4 section 93 of regulation of the European

Parliament and of the Council (EU) no 575/2013, and which is identified on the

the basis of the indicators of excessive leverage, including the leverage ratio specified by the

article. 429 European Parliament and Council Regulation (EU) no 575/2013

Regulation or decision of the European Commission; in the evaluation of

the adequacy of the leverage ratio and in the evaluation of the arrangements, strategies,

the procedures and mechanisms established cooperative záložnou for risk management

excessive lever, which for the purposes of this Act, means the risk of excessive

the lever according to the article. 4 (4). 1, point 94 of the European Parliament and of the Council

(EU) no 575/2013, the Czech National Bank will take into account the business model

credit unions,



(d)) the management and control system, credit unions, corporate culture and

eligibility of members of the Board of Directors and the Audit Commission carry out its

obligations; in the review and evaluation of the Czech National Bank

require the cooperative savings bank the agenda of the Board and

the control of the Commission and its committees, including the related underlying

documents and the results of internal and external evaluation of the activities of the

the Board of Directors and the Audit Commission.



(5) the Czech National Bank also examines and evaluates,



and whether the Credit Union provided) the hidden support of securitisation, which

means a securitisation according to the article. 4 point 61 of the regulation of the European

Parliament and of the Council (EU) no 575/2013; If it finds that the Credit Union

provided implicit support securitisation in more than one case,

shall take the appropriate measures to reflect the risk that the Credit Union in the

the future will provide support for their securitisation



(b) value adjustments) whether the positions or the portfolios in the trading book referred to in

article. 105 European Parliament and Council Regulation (EU) no 575/2013

Regulation or decision of the European Commission will allow the cooperative savings bank

sell or short term to ensure their position without a common

market conditions for significant loss; for the purposes of trading books

This Act means a commercial portfolio pursuant to article. 4 point 86 of the regulation

The European Parliament and of the Council (EU) no 575/2013.



section 21b



(1) where the Czech National Bank in the performance review and evaluation

under section 21a, the more credit unions is or could be

exposed to similar risks, or represents a similar risk for financial

the market, shall be authorised to carry out the review and evaluation of the species-groups

intended credit unions the same or similar manner. Group

generically designated credit unions with a similar risk profile can be

specify, in particular, on the basis of an assessment of systemic risk under section 21a

paragraph. 3 (b). (j)).



(2) to support the process of the review and evaluation referred to in § 21a performs

The Czech National Bank stress tests at least once a year the cooperative

unions. The result of the stress tests may, the Czech National Bank.



(3) the Czech National Bank regularly at least once every 3 years to review

compliance with the conditions under which the cooperative savings bank enabled

the use of internal approaches. It focuses in particular on the quality and

timeliness of the used methods and procedures for changes in the activity of the cooperative

unions and the use of internal approaches for new products.



section 21 c



(1) in accordance with the Czech National Bank supervisory investigation plan,

that is compiled at least once a year, taking into account the results of the

the process of the review and evaluation referred to in § 21a.



(2) the Czech National Bank shall draw up a plan for the surveillance of the investigation referred to in paragraph

1 so that it does not, the supervisory authority of another Member State in the execution of the

the-spot checks in the branch of the credit unions, which carries on its

activity in the territory of that other Member State.



(3) the plan surveillance investigation, Czech National Bank includes



and) list of credit unions, which are to be subject to increased

supervision in the wake of the measures referred to in paragraph 4,



(b)) plan on the spot checks in the business offices of the credit unions,

including its affiliates and controlled by persons established in other Member

States,



(c) information on the way) performance of the tasks and the allocation of

resources on their security,



(d)) the list of cooperative banks, for which the results of the stress tests by

§ 21a § 21b and paragraph. 2 or the result of the process of the review and evaluation of the

under section 21a, suggest a significant risk to the financial health or violations of the

the requirements laid down in this law, the law, which it

done, by decision issued under this Act, the General

nature issued pursuant to this Act, a directly applicable regulation

The European Union governing the prudential requirements, regulation or

decision of the European Commission,



e) list of credit unions, which represent a systemic risk for the

financial market,



(f)) list of other credit unions, for which the Czech national

the Bank considers it necessary.



(4) the Czech National Bank shall, in following up on the results of the review and

evaluation under section 21a, if it is necessary, in particular, the following measures:



and) increase the number of inspections on the spot for the credit unions,



(b) to ensure a permanent presence of the representative), the Czech National Bank in

cooperative savings bank,



(c) require the submission of additional) or more frequent information cooperative

záložnou,



(d) additional or more frequent) to perform a review of operational, strategic

or business plans, credit unions,



(e)) to carry out checks on the monitoring of selected risks, which would

the Credit Union may be exposed.



§ 21d



(1) the Credit Union is required to develop and regularly update

the restoration plan for the event of a serious deterioration in its financial situation. If

The Czech National Bank, taking into account the size of the credit unions,

its business model or connectedness with other institutions or with

the financial market as a whole provides that the deterioration of the financial situation

credit unions will not have an adverse impact on the financial market, other

institutions or financing conditions, the Credit Union shall draw up,

the approval of the Czech National Bank financial recovery plan in a reasonable range.



(2) the Czech National Bank is obliged to draw up and regularly update

solving plan of credit unions, which provides options for solution

crisis credit unions. If the Czech National Bank with

taking into account the size of the credit unions, its business model

or coherence with other institutions or with the financial market as a

a total of provides that any decline of credit unions will not have

an adverse impact on the financial market, institutions, or other conditions

financing, shall draw up a plan for solving the credit unions in

a reasonable range.



(3) the Credit Union is required to provide the Czech National Bank for

the purpose of the preparation of the plan solving the credit unions referred to in paragraph

2 all the necessary information within the range of reasonable size,

its business model or connectedness with other institutions or with

the financial market as a whole.



(4) the Czech National Bank cooperates with the European authority for the

banking ^ 42) in the preparation of plans for cooperative problem solving

unions. Inform the European banking authority of the preparation

health plans and plans for solving credit unions, in particular the

It shall inform in advance the time and place of the hearing and the

the main points discussed. The Czech National Bank will allow participation

the representative of the European banking authority at the hearing.



Article 42). 25 European Parliament and Council Regulation (EU) no 1093/2010 from

24 September. November 2010 establishing a European supervisory authority (European

banking authority), amending Decision No 716/2009/EC and repealing

Commission decision 2009/78/EC ".



71. In section 22, paragraph. 1 (a). (c)), the words ", in which the cooperative

Credit Union belongs to, "shall be replaced by the words" and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013 ".



72. In section 22, paragraph. 1 (a). (d)), the words "paragraph. 9 and 10 ' are replaced by the words

"paragraph. 8 and 9 ".



73. In section 22, paragraph. 1 the letter g) is added:



"(g)) the composition of the combined capital reserves and the date on which the credit

unions are subject to the obligations of the combined capital reserve in this

the composition of the keep, ".
74. In section 22 to the end of paragraph 1, the period is replaced by a comma and the following

letter h) is added:



"h) recognition of shortening the transitional period for a countercyclical capital

a reserve established in another Member State. '.



75. In section 22, paragraph. 2 (a). (c)), the words "paragraph. 9 and 10 ' are replaced by the words

"paragraph. 8 and 9 ".



76. In section 22, paragraph. 2 (a). (d)), the words ", in which the cooperative

Credit Union belongs to, "shall be replaced by the words" and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013 ".



77. In section 22, paragraph. 2, letter f) the following new paragraph (g)), which read:



"(g)) related relations between members of the consolidated Group, its

organizational structure and governance and management, and on other major

the facts relating to the consolidation of the whole, if the Czech national

the Bank shall exercise supervision on a consolidated basis ".



Letter g) is renumbered as paragraph (h)).



78. In section 22, paragraph. 2 (a). (h)), point 1, the words "by"

the words "their obligations and".



79. In section 22 to the end of paragraph 2, the period is replaced by a comma and the following

the letters i) up in) are added:



"i) functioning of the process of review and evaluation under section 21a,



(j)), the methodology used as the basis for a decision pursuant to section 21a, paragraph. 3 to

5, section 21b of the paragraph. 2 and 3 and section 28 in the process of the review and evaluation referred to in

§ 21a paragraph. 3,



to) cases where the second subparagraph shall apply section 21b. 1,



l) the procedures adopted pursuant to section 26 paragraph. 1, 2, 4 and 5,



m) the names of bodies or persons which may receive information pursuant to

§ 25a,



n) review and evaluation of the results under section 21a, if the results of

suggest an impending systemic risk according to the article. 23 of the regulation of the European

Parliament and of the Council (EU) no 1093/2010 by credit unions; These

the Czech National Bank will provide the information without undue delay,



o) data collected for the purpose of comparison of trends and practices

remuneration,



p) measures taken under section 7ac (a). (g)),



q) permits to hold additional function of a non-member under section 7aa paragraph.

3,



r) data collected under section 7ac (b). (h)),



with) information obtained from credit unions on the decision of the members of that

relate to the remuneration,



t) measures to remedy imposed by section 28, paragraph. 2 section 11, section 28

paragraph. 6 and the penalties imposed for the administrative offence under section 27a, paragraph. 1, §

27B paragraph. 2 (a). and), d), (f)) to m), o) to (q)) and section 27 c of paragraph 1. 1, including

information about the appeal against the decision, which sanctions have been imposed, these



the composition of the combined capital reserve) and the date on which the credit

unions are subject to the obligations of the combined capital reserve in this

the composition of the keep,



in recognition of shortening the transitional period) for a countercyclical capital

a reserve established in another Member State. '.



80. In section 22, the following paragraph 3 to 8, which including the footnotes

No. 43:



"(3) on the request of the Czech National Bank shall inform the European

banking on all the facts necessary for the performance of its tasks

laid down by the relevant legislation of the European Union.



(4) the Czech National Bank shall inform the European Council for system risks



and the composition of the combined capital reserve) and the date on which the credit

unions are subject to the obligations of the combined capital reserve in this

the composition of the keep,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a reserve established in another Member State,



c) counter-cyclical capital reserve rate according to § 8ac paragraph. 3 and data

referred to in section paragraph 8ac. 7.



(5) the Czech National Bank shall inform the European insurance and

occupational pensions ^ 43) on the procedures adopted pursuant to § 26 of the

paragraph. 1, 2, 4 and 5.



(6) the Czech National Bank will provide to the European banking authority

synergies in all cases where the European banking authority of the

own initiative contributes to the solution of disputes between the competent authorities.



(7) the Czech National Bank uses data from the database of administrative penalties

The European banking authority for the assessment of the credibility of the members of the

authorities credit unions.



(8) the Czech National Bank shall inform the appropriate College of supervisors of



and the composition of the combined capital reserve) and the date on which the credit

unions are subject to the obligations of the combined capital reserve in this

the composition of the keep,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a reserve established in another Member State.



43) European Parliament and Council Regulation (EU) no 1094/2010 of 24 March.

November 2010 establishing a European supervisory authority (European institution

for the insurance and occupational pensions), to change the

decision No 716/2009/EC and repealing Commission decision 2009/79/EC ".



81. In section 22 to the end of paragraph 4, the dot replaces the comma and the following

the letter d), which read:



"(d)) the rate of the capital reserve pursuant to section a countercyclical 8al, paragraph. 3 and

the information referred to in section paragraph 8al. 7. ".



82. Under the indications section 22a shall be inserted before the heading "information exchange in

above the branches of the credit unions. "



83. In section 22a paragraph 2 and 3 shall be added:



"(2) the Czech National Bank provides the supervisory authorities referred to in paragraph 1

all the information on the co-operative savings bank shares and on the management

the credit unions. The Czech National Bank also provides all the

information that can facilitate the supervision of cooperative záložnou, in particular

information on liquidity, solvency, deposit insurance,

capital ratios, the large exposures restrictions and other factors,

that may have an impact on the degree of systemic risk posed by

cooperative záložnou, administrative and accounting procedures and mechanisms

internal control.



(3) the Czech National Bank information referred to in paragraph 2 may require the

supervisory authority of the State in whose territory the branch or credit union

on whose territory the person controlling the Credit Union, or

the person controlling the person who controls the Cooperative Union. ".



84. In section 22a, paragraphs 4 and 5 shall be deleted.



The present paragraph 6 is renumbered as paragraph 4.



85. In section 22a, paragraph. 4, the words "Bank" and the words ", or if the authority

banking supervision in another Member State does not provide the information referred to

in paragraph 3, on its own initiative "including ^ 32) footnote No. 32

shall be deleted.



86. In section 22a shall be inserted after paragraph 3 of the new paragraphs 4 and 5 shall be added:



"(4) the Czech National Bank shall immediately provide the supervisory authority of another

the Member State on whose territory the Credit Union carries out its

activities through a branch, all the information related to the

supervision over compliance with the requirements concerning liquidity according to the part of the

the sixth European Parliament and Council Regulation (EU) no 575/2013 and regulation

or a decision of the European Commission, where such information is relevant to the

ensuring the protection of clients or members of the credit unions or financial

stability in that Member State. The Czech National Bank immediately

shall inform the competent supervisory authority, if liquidity is at risk

credit unions, or if there is reason to suspect that it will be compromised

the liquidity of the credit unions. In this case the Czech national

Bank to the competent supervisory authority for information about a plan to restore the

liquidity, the manner of its implementation and measures in this

connection accepted. The Czech National Bank shall, at the request of the supervisory authority

another Member State on whose territory it carries on Credit Union

activity through their branches, how to take into account the information from the

It has received.



(5) the Czech National Bank can turn to the European authority for the

banking and ask it to settle the dispute by directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

banking ^ 39) If you do not agree with the measures adopted by the

supervisory authority of another Member State on whose territory the Credit Union

carries on business through a branch. ".



The current paragraph 4 shall become paragraph 6.



87. under section 22a shall be added to § 22aa, including title and notes

line No 44:



"§ 22aa



The exchange of information in the supervision on a consolidated basis



(1) in the exercise of supervision on a consolidated basis, the Czech

the National Bank cooperates with the supervisory authorities of other Member States.



(2) the Czech National Bank provides the supervisory authorities on request other

the Member States the information necessary for the performance of their supervision; from

its own initiative, the Czech National Bank provides the supervisory authorities of other

the Member States of the crucial information, which have a material effect on the

assessment of the financial situation of a foreign bank, the foreign trader

securities or financial institution in the Member State concerned,

in particular, information about the



and related relations between members) of the consolidated Group, the structure of the

Administration and management including the organizational structure of the consolidated Group,

being included are all regulated and unregulated entities,

the unregulated subsidiary, branch and the controlling person and the

authorities in the supervision of the regulated entities in the consolidation,
(b)) collection of information from credit unions in

consolidation and verification of such information,



(c) developments in cooperative savings bank) or any other person in the consolidation,

that can seriously affect the financial situation of the credit unions in

consolidation,



(d)) serious sanctions and measures to remedy the extraordinary importance of the

stored cooperative savings bank under this law, in particular the requirement to

the capital increase pursuant to section 28, paragraph. 2 (a). and), and not giving consent to

use internal access or an internal model to calculate the

the capital requirement or not giving consent to change of use

internal access or an internal model,



(e)) financial holding persons and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013.



(3) the information necessary for the exercise of supervision on a consolidated basis

The Czech National Bank will ask the supervisory authority of another Member State

supervising a person who is a member of the consolidated Group.

Also requests the authority carrying out supervision on a consolidated basis over the

the European controlling the credit institution for information concerning

approaches and methods used in the implementation of the prudential rules.

The authority executing the supervision on a consolidated basis shall, for the purposes of

This Act shall mean the authority exercising supervision on a consolidated

basis according to the article. 4 (4). 1, point 41 of regulation of the European Parliament and of the

The Council (EU) no 575/2013.



(4) the Czech National Bank may inform the European

banking, if the supervisory authority of another Member State rejects the request

The Czech National Bank about collaboration, in particular on the provision of information, or

does not provide the requested information within a reasonable time, or where the authority

banking supervision in another Member State does not provide essential information

on its own initiative ^ 44).



Article 44). 51 and 117 directive of the European Parliament and the Council 13/36/EU ".



88. In section 22b, paragraph. 2 the sentence the last including a footnote No. 33

repealed.



89. In section 22b, paragraph. 3 the words "§ 22a paragraph. 3 (b). (c)), and (d)) "shall be replaced by

the words "§ 22aa paragraph. 2 (a). (c)), and (d)), the results of the review process and

evaluation under section 21a, providing them with risk assessment report

the group, according to § 25 k of paragraph 1. 2. "



90. Article 22b shall at the end of paragraph 3 the following sentence "the Czech National Bank

to further communicate the supervisory authorities of the Member State of the decision on measures

to remedy that cooperative savings bank deposit, if the decision is a significant

for this branch office. ".



91. In section 22b, paragraph. 5 the first sentence, the words "and in section 22a" is replaced by ",

section 22a and section 22aa ".



92. In section 22b, paragraph. 5 the second sentence with the number "8" is replaced by "7".



93. Article 22b shall be inserted after paragraph 5 a new paragraph 6 is added:



"(6) If the Credit Union carries out the activity on the territory of the host

the State, through the relevant branches, consult the Czech National Bank

with the supervisory authority of the Member State of a plan to restore liquidity

credit unions, provided that there is a risk of liquidity, which would

could have a significant impact on the currency of the host State. ".



Paragraph 6 is renumbered as paragraph 7.



94. Under section 22b, paragraph. 7, the number "5" shall be replaced by the number "6".



95. under section 22b is inserted after section 22 c is inserted:



"§ 22 c



The Czech National Bank in exercising supervision over the cooperative záložnou, which

carries out the activity on the territory of the host State through a branch,

into account when drawing up the plan surveillance investigation pursuant to § 21 c

the information obtained by the supervisory authority of the host State in

place. ".



96. In section 23, the words "fundamental rules of activity under the Special

the law ^ 18) "shall be replaced by the words" control order ".



Footnote 18 is hereby repealed.



97. In section 25a paragraph 3 reads:



"(3) for the breach of confidentiality is not



and provide information obtained in) connection with the exercise of supervision

authority of the law in criminal proceedings in the Czech Republic,



(b)) provide information to the supervisory authority or the supplementary supervision of

entities in a financial conglomerate, or over the financial institutions, or

financial markets or in another State of credit institutions and of the European

the Commission, the



(c) the publication of the outcome of the stress tests) carried out under section 21b of the paragraph. 2

or by directly applicable European Union regulation governing

supervision of the financial market in the field of banking. "



98. In section 25a, paragraph. 7, the words "to the institution or person" shall be replaced by the words

"the recipient".



99. In paragraph § 25b. 2 the second sentence, the words "similar institutions" shall be replaced by

the words "similar institutions".



100. Section 25 c of paragraph 1. 1 the first sentence, the word "Workers" shall be replaced by

"Workers".



101. Under section 25 d, paragraph 5 shall be deleted.



Paragraphs 6 to 10 shall be renumbered as paragraphs 5 to 9.



102. Footnote 27 is added:



"27) Article. 115 directive of the European Parliament and the Council 2013//36/EU. ".



103. In section 25 d the following paragraph 10 is added:



"(10) of paragraph 6 to 9 shall apply mutatis mutandis to the supervision of the

consolidated basis over the responsible cooperative záložnou controlled

European mixed financial holding person. ".



104. In paragraph 25e. 2 at the end of the text of the first sentence, the words ", and

over responsible cooperative záložnou operated a mixed financial

holding a person '.



105. In paragraph 25e. 2 the second sentence, after the words "credit institution"

the words "securities dealer".



106. In section 25e for paragraph 3, the following paragraph 4 is added:



"(4) paragraph 3 shall apply mutatis mutandis to the exercise of supervision on a consolidated

the basis of the above, the responsible cooperative záložnou operated a mixed financial

holding the person. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



107. In paragraph 25e. 6 at the end of the text of the first sentence, the words "in accordance with

directly applicable European Union regulation governing the prudential

the requirements ".



108. In paragraph 25e. 6 the third sentence, after the word "persons" shall be replaced

"or mixed financial holding of the person".



109. In paragraph 25f. 1 the introductory part, the words ' the provisions of the financial

the holding of a person ", the words" responsible Credit Union

controlled by the mixed financial holding person ".



110. In paragraph 25f. 1 points (b) and (c))) shall be deleted.



Existing subparagraph (d)) to (f)) are renumbered as paragraphs (b) to (d)).)



111. In paragraph 25f. 1 (c)) shall be deleted.



Existing subparagraph (d)) shall become point (c)).



112. In section 25f paragraph 2 is added:



"(2) the persons included in the consolidated Group are obliged on request

communicate to the Czech National Bank directly or through banks in accordance with

paragraph 1, all the information necessary for the implementation of the supervision on a

consolidated basis. ".



113. In paragraph 25f. 4, after the words "financial holding a person ' shall be

the words "responsible Credit Union operated a mixed financial

holding a person '.



114. In paragraph 25f. 5, after the words "financial holding a person ' shall be

the words "responsible credit unions operated a mixed financial

holding a person '.



115. In section 25f paragraph 7 is added:



"(7) the financial holding, the person and the person is a mixed financial holding

required to ensure that a member of their Board of Directors, of the Audit Commission and

the credit of the Commission was the person trusted, experienced enough for the performance of their

the functions and to ensure the requirements for a financial holding

person and mixed financial holding a person from this law.

More detailed requirements establishes the Czech National Bank by Decree. "



116. In paragraph 25f. 8 the first sentence, after the word "person", the words "and

mixed financial holding person "and the words" persons in leadership "

replaced by the words "the members of the Board, the Audit Commission and the credit

the Commission ".



117. In paragraph 25f. 8 the second sentence, after the words "person" shall be replaced

"or mixed financial holding person", the words "persons in its

the leadership of "shall be replaced by the words" the members of the Board, the Audit Commission and

the credit of the Commission "and the words" persons in its leadership "are replaced by the words" these

Members ".



118. In paragraph 25f. 8 the third sentence, after the word "person", the words

"or mixed financial holding person."



119. In paragraph 25f. 8 last sentence, the words "persons in the management" shall be replaced by

the words "the members of the Board, the Audit Commission and the credit of the Commission" and

the word "person" shall be inserted the words "or mixed financial holding

the person ".



120. In section g, paragraph. 1 introductory part of the provisions for the word "persons"

the words "or the responsible cooperative záložnou controlled by the European

mixed financial holding person "and the word" code "^ 26)"

the words "or directly applicable provision of the European Union

governing the prudential requirements ".



121. In section g, paragraph. 1 (a). (b)), the words "§ 7b" shall be replaced by "section

the eighth European Parliament and Council Regulation (EU) no 575/13 ", the words" §

22 paragraph 1(b). 8 "shall be replaced by the words" § 21a "and the words" § 28 paragraph. 1 "

replaced by the words "section 28".



122. In section g, paragraph. 1 (a). (c)), the words "other Member States"
replaced by the words "of the European system of central banks, which means the

the central banks of the European system of central banks under article. 4 (4). 1

section 45 of the European Parliament and of the Council (EU) no 575/2013 ".



123. Under section 25 g of paragraph 1. 1 at the beginning of subparagraph (d)), the words "on

request ".



124. In section g, paragraph. 1 (a). e), the words "special" shall be replaced by the words

"internal" and the words "in accordance with § 8 paragraph. 6 to 8 "shall be deleted.



125. the footnote No. 35:



"35) Article. 112 directive of the European Parliament and the Council 13/36/EU ".



126. In section g, paragraph. 3, after the words "the European financial holding group

the person ", the words" a responsible cooperative záložnou controlled

European mixed financial holding person ".



127. In section 25 h of paragraph 1. 1 introductory part of the provisions for the word "persons"

the words "or the responsible cooperative záložnou controlled by the European

mixed financial holding person ".



128. In section 25i paragraph. 1 (a). (b)), the words "§ 28 paragraph. 1 (a). (g)) "

replaced by the words "§ 28 paragraph. 2 (a). point 1 ").



129. In section 25i paragraph. 1 (a). (c)), the word "special" is replaced by

"internal" and the words "§ 8 paragraph. 4 "shall be replaced by the words" article. paragraph 312. 2

Regulation of the European Parliament and of the Council (EU) no 575/2013 ".



130. In section 25 k of paragraph 1. 1 introductory part of the provisions for the word "persons"

the words "or the responsible cooperative záložnou controlled by the European

mixed financial holding person ".



131. In paragraph § 25 k. 1 (a). and the words ") § 28 paragraph. 1 (a). (g)) "

replaced by the words "§ 28 paragraph. 2 (a). and point 1 and according to) section 28 paragraph. 2

(a). (c)) ".



132. In paragraph § 25 k. 1 (a). (b)), and (c)), after the word "level", the words

"and in the form of special liquidity requirements".



133. In the first subparagraph of section 25 k. 2 the first sentence, the word "risks" shall be replaced by the words "cover

risk capital and liquidity risks ".



134. In section 25 k of paragraph 1. 2 the second sentence, the words "this message to other institutions

executing the supervision of members of the group concerned "shall be replaced by the words

"other authorities supervising over the members of the group concerned a message

on the assessment of the risk coverage capital, and within 1 month of the date when the

presented a report on the assessment of the risk of liquidity ".



135. In paragraph § 25 k. 3 of the introductory part of the provisions, the word "agreement"

replaced by the word "agreements" and the words "this period" shall be replaced by the words

"these time limits".



136. In section 25 k of paragraph 1. 3 (b). (b)), the words "the said period" shall be replaced by the words

"the time limits referred to in paragraph 2".



137. the footnote No. 36:



"Article 36). 113 directive of the European Parliament and the Council 13/36/EU ".



138. In paragraph § 25 k. 4 of the introductory part of the provisions for the word "persons"

the words "responsible cooperative záložnou controlled by the European

mixed financial holding person "and the words" the risk of this group "

replaced by the words "the risk coverage capital of this group, or within a time limit to 1

months from the date on which the authority exercising supervision on a consolidated basis

above the group tabled by the Czech National Bank report on the assessment of the

liquidity risk the group ".



139. In section 25 k of paragraph 1. 4 (b). and the words ") § 28 paragraph. 1 (a). (g)) "

replaced by the words "§ 28 paragraph. 2 (a). and point 1 and according to) section 28 paragraph. 2

(a). (c)) ".



140. In paragraph § 25 k. 4 (b). (b)), the words "the said period" shall be replaced by the words

"given the time limits".



141. In paragraph § 25 k. 7, the words "section 8" shall be deleted.



142. In section 25 l, paragraph. 1 the first sentence, after the word "persons" shall be replaced

"or the responsible cooperative záložnou controlled the European mixed

financial holding person ".



143. In section 25 l, paragraph. 1 the second sentence, the words "to section 25 d of paragraph 1. 8 "shall be replaced by

the words "§ 25 d of paragraph 1. 7. "



144. Section 25 l, paragraph. 2 (a). (b)), the words "to section 25 d of paragraph 1. 7 to 10 "shall be replaced by

the words "§ 25 d of paragraph 1. 6 to 9 ".



145. Section 25 l, paragraph. 2 (a). (c)), the words "§ 22 paragraph 1(b). 8 "shall be replaced by the words

"§ 21a".



146. In section 25 l, paragraph. 2 (a). (d)), the words "section 25 d of paragraph 1. 6 "shall be replaced by the words

"section 25 d of paragraph 1. 5 "and the words" § 22a paragraph. 5 "shall be replaced by the words" § 22aa

paragraph. 3. "



147. Section 25 l, paragraph. 3 (b). (d)), after the words "Central Bank" shall be

the words "of the European system of central banks".



148. under section 25 l shall be inserted a new section 26, which reads as follows:



"section 26



(1) the Czech National Bank may, in the exercise of supervision on a consolidated

the basis of the above mixed financial holding person, after consultation with the

the competent authorities may provide that in exercising this supervision

only apply the relevant provisions of the Act relating to the supplementary supervision

financial conglomerates, and under the condition that this mixed

financial holding person subject to comparable requirements of this law

and the law relating to the supplementary supervision of financial conglomerates,

in particular, as regards the risk-oriented supervision.



(2) if the Czech National Bank supervision on a consolidated basis

over responsible cooperative záložnou controlled the European mixed

financial holding person, may, after consultation with the competent authorities

supervisors may provide that in exercising this supervision applies only the appropriate

the provisions of the Act relating to the supplementary supervision of financial

conglomerates, and under the condition that the European mixed

financial holding person subject to comparable requirements of this law

and the law relating to the supplementary supervision of financial conglomerates,

in particular, as regards the risk-oriented supervision.



(3) the Czech National Bank is responsible for consultation on the use of only

foreign legislation governing supplementary supervision of

financial conglomerates, is the supervising authority over

cooperative záložnou controlled the European mixed financial holding

person and if this consultation called upon the authority executing

supplementary supervision over a financial conglomerate.



(4) the Czech National Bank may, in the exercise of supervision on a consolidated

establish, that in the exercise of supervision over a mixed financial

holding a person uses only the provisions which apply to the

the most important sector in accordance with the law relating to the supplementary supervision of

financial conglomerates, and under the condition that this mixed

financial holding person equivalent to the requirements of this Act

and the law governing the activity of insurance companies, in particular as regards risk

oversight-oriented.



(5) if the Czech National Bank supervision on a consolidated basis

over responsible cooperative záložnou controlled the European mixed

financial holding person, may, in agreement with the competent authorities

supervisors may provide that in exercising this supervision applies only

the provisions, which apply to the most important sector in accordance with the law

relating to the supplementary supervision of financial conglomerates, and under the

the conditions on this European mixed financial holding person

subject to equivalent requirements of this Act and the law governing the

the activities of the insurance undertakings, in particular as regards the risk-oriented supervision.



(6) the Czech National Bank is responsible for the agreement on the use of only

foreign legislation relating to the most important sector

According to the rules governing the supplementary supervision of financial

conglomerates, is the authority executing the supervision of cooperative

the European záložnou the controlled person and the mixed financial holding

If this agreement called upon the authority executing the supervision of group

This European mixed financial holding of the person. ".



149. the heading above the marked section 27a is replaced by the heading "Administrative

delinquencies. "



150. In section 27a, paragraph. 1 the following point), which read:



") will launch activity that is subject to authorization under this Act, without

This permit, ".



Letters and) and (b)) shall become point (b)) and (c)).



151. In section 27a, paragraph. 1 (a). (b)), the words "of the Bank, or ' shall be replaced by the word

"the Bank".



152. In sections 27a, paragraph. 1, point (b)) the following new point (c)), which

added:



"(c)) would dominate the Cooperative Union without the prior consent of the Czech national

the Bank under section 2b, paragraph. 3, or ".



Letter c) is renumbered as paragraph (d)).



153. Under section 27a, paragraph 1 the following paragraph 2 is added:



"(2) a natural person as a person under the supervision of the Czech National Bank

is guilty of an offence that does not fulfil one of the obligations laid down

the inspection regulations. ".



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



154. In section 27a, paragraph. 3, the word "Worker" shall be replaced by

"Worker".



155. In section 27a, paragraph. 4, the words "or control person" shall be deleted.



156. In paragraph 8 of section 27a is added:



"(8) a member of the Board of directors or the Audit Commission credit unions

is guilty of an offence that does not inform without delay the Czech national

the Bank referred to in section 28ab. ".



157. Under section 27a, the following paragraph 9 is added:



"(9) for the offense, you can impose a fine in



and 200 000 CZK), if the offence referred to in paragraph 5,



(b) 500 000 CZK), if the offence referred to in paragraph 6,



(c)) 1 0000 0000 CZK in the case of the offence referred to in paragraph 1 (b). (b)), or (d)),

paragraph 3, paragraph 4 or paragraph (7),



d) 5 0000 0000 Czk in the case of the offence referred to in paragraph 2 or 8,



(e) the amount of the advantage) twice, if it is a misdemeanor under
paragraph 1 (b). and) or (c)); If it is not possible for the amount of the advantage

to find out, you can impose a fine up to Czk 130 0000 0000. ".



158. under the Heading of section 27b shall be replaced by the heading "administrative delicts

credit unions ".



159. In section 27b, paragraph. 1 (b)):



(b) fails to comply with the obligation ") laid down in the decision of the Czech National Bank as

section 28, ".



160. In section 27b, paragraph. 1 the letter i) is repealed.



Subparagraph (j)) to (n)) shall become letters and) to m).



161. In section 27b, paragraph. 1 (a). j), the words "in the areas that fall within the

the scope of the host State, and this unlawful status through challenge

supervisory authority of the host State does not stop (§ 2 (3)) "shall be replaced by

the words "of the host State or a directly applicable regulation

Union governing the prudential requirements ".



162. In section 27b is inserted after paragraph 1, paragraph 2, which reads as follows:



"(2) the Credit Union has committed misconduct by



and) its command and control system does not meet all the requirements laid down

This law, the law implementing it, by decision or

measures of a general nature issued pursuant to this Act, directly applicable

the EU regulation governing the prudential requirements, regulation

or a decision of the European Commission,



(b)) does not provide a legal person or natural person in connection with its

business without delay a written explanation of its credit

evaluation according to the article. paragraph 431. 4 regulation of the European Parliament and of the Council

(EU) no 575/2013



c) fails to comply with the rules for determining the capital, specifying individual

capital requirements and conditions for the use of internal policies and

internal models for the calculation of capital requirements under part two, and

the third European Parliament and Council Regulation (EU) no 575/2013 and the measures

the general nature of the Czech National Bank pursuant to § 9a,



(d)) shall not divulge to the Czech National Bank information, or incomplete or incorrect

the information referred to in article. paragraph 99. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, regulation or a decision of the European Commission,



e) uses or changes the internal approach for the calculation of capital

the request without the prior consent of the Czech National Bank or other

supervisory authority of the Member State, or uses these approaches in conflict with

the mandatory conditions set out in the consent referred to in article. 143

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission,



(f)) do not communicate the information to the Czech National Bank, or incomplete or incorrect

information on the capital requirements laid down in the article. 101 of regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

The European Commission,



(g)) are exposed to credit risk of the securitised positions,



(h)) is the exposure in excess of the limits laid down in the article. 395 regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

The European Commission, and the measures of a general nature of the Czech National Bank pursuant to §

9A,



I) informs the Czech National Bank information, or incomplete or incorrect

data on large exposures in accordance with the requirements referred to in article. paragraph 394. 1

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission,



(j)) do not communicate the information to the Czech National Bank, or incomplete or incorrect

information about the pákovém ratio in accordance with the requirements referred to in article. 430 paragraph. 1

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission,



the Czech National Bank) do not communicate the information, or incomplete or incorrect

information on liquidity in accordance with the requirements referred to in article. paragraph 415. 1 and 2

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission,



l) does not maintain a repeatedly or for extended periods under article liquid funds.

412 European Parliament and Council Regulation (EU) no 575/2013



m) in the range of information and not in the manner laid down in article 4(1). paragraph 431.

1 to 3, or article. paragraph 1(a) 451. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, by regulation or by decision of the European Commission, or such

make available information with incomplete or incorrect information,



n) divides part of the profit after tax in contravention of this Act,



o) fails to fulfil any of the information obligations under section 2 c of paragraph 1. 3,



p) provides the performance to the holders of the instruments included in the cooperative capital

unions in breach of article. 28, 51 or 63 of regulation of the European Parliament and of the

The Council (EU) no 575/2013, or



q) to a person who does not meet the requirements of this Act on a member of the

the Board of Directors, of the Audit Commission, the Commission or the credit cooperative

unions, to become or remain a member of this body. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



163. In section 27b, paragraph. 3 (b). (d)), the words "or the appointment of a management person"

deleted and the word "their" shall be replaced by the word "its".



164. In section 27b, paragraph. 3 the letter l) is added:



"l) fails or does not provide the information or documents referred to in section 27 of the

paragraph. 1, 2, or 3, or the eighth section of the regulation of the European Parliament and the

The Council (EU) no 575/2013. ".



165. In paragraph 4 of section 27b is inserted:



"(4) in the administrative offence is imposed in the



2 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 3 (b). (f)), and)

or m),



b) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)) and

paragraph. 3 (b). and) or (c)),



c) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

(b)), (d)) to (n)) or under paragraph 3 (b). (b)), d), (e)), g), (h), (j))))

or l)



(d) the amount of the advantage) twice, if the administrative tort

in accordance with paragraph 2 and committed him to a legal person; If it is not possible for the amount of

unauthorized benefit to find out, a fine in the amount of 10% of the net

the annual turnover achieved by the legal person for immediately

the previous accounting period, which includes the items listed in the article. 316

Regulation of the European Parliament and of the Council (EU) no 575/2013



(e) the amount of the advantage) twice, if the administrative tort

in accordance with paragraph 2 and committed him to the controlled person; If it is not possible for the amount of

unauthorized benefit to find out, a fine in the amount of 10% of the net

the annual turnover of the consolidated accounts of the controlling

person for the immediately preceding financial year. ".



166. Under the indications section 27 c shall be inserted before the heading "administrative delicts of legal and

entrepreneurial natural persons ".



167. In section 27 c of paragraph 1. 1 the words "legal person" shall be replaced by the words

"A legal person or a natural person-entrepreneur commits an administrative

tort by ".



168. Under section 27 c of paragraph 1. 1 (a). and the word ' changes) "shall be replaced by the word" increase "

and the words "in violation of section 2b" shall be replaced by the words "without prior consent of the

The Czech National Bank pursuant to section 2b, paragraph. 3. "



169. In section 27 c of paragraph 1. 1, point (b)) the following subparagraph (c)) to (f)), which

added:



"(c)) initiates the activity that is subject to authorization under this Act, without

This authorization,



(d)) would dominate the Cooperative Union without the prior consent of the Czech national

the Bank under section 2b, paragraph. 3,



(e) fails to comply with information requirements under) § 2 c of paragraph 1. 3, or



(f)) in the application for approval under this Act or the directly applicable

Regulation of the European Union governing the prudential requirements shall

false information or the length of the essential information necessary for the assessment of

This request. ".



170. In section 27 c of paragraph 1. 1, the final part of the provisions repealed.



171. In section 27 c of paragraphs 2 and 3 are added:



"(2) the Legal or natural person-entrepreneur as a person subject to

supervision of the Czech National Bank has committed misconduct by

fail to fulfil one of the obligations laid down by the inspection regulations.



(3) a legal entity or a natural person-entrepreneur as insolvency administrator

credit unions have committed misconduct by at the request of the Czech

the National Bank doesn't call within 30 days of receipt of the request the Member meeting

credit unions solely for the purpose of the approval of the proper financial statements

under section 5a paragraph. 4. ".



172. In section 27 c, the following paragraphs 4 and 5 shall be added:



"(4) the Legal or natural person conducting business as a member of the consolidation

the whole is also a member of the Credit Union, committed by the administrative

tort that fails to meet any of the requirements of the Czech National Bank pursuant to §

27F, paragraph. 2.



(5) for the administrative offence is imposed in the



1 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 4,



b) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2,



(c)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

or (f)), or to paragraph 3,



(d) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). b) to (e)), and committed to doing business the natural

the person; If it is not possible to determine the amount of the advantage,

a fine of up to 130 0000 0000 CZK



(e) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). b) to (e)) and committed him to a legal person;

If it is not possible to determine the amount of the advantage, saves a penalty to

the amount of 10% of net annual turnover in the non-legal person

'd the previous accounting period, which includes the items listed

in the article. 316 European Parliament and Council Regulation (EU) no 575/2013
(f) the amount of the advantage) twice, if the administrative tort

referred to in paragraph 1 (b). b) to (e)) and committed him to the controlled person;

If it is not possible to determine the amount of the advantage, saves a penalty to

the amount of 10% of the net annual turnover resulting from the consolidated

accounts of the controlling entity for the immediately preceding financial

period. ".



173. section 27 d:



the "section 27 d



(1) the financial holding person, person or a mixed financial holding

mixed holding a person commits misconduct by



and does that) member of the Board, the Audit Commission or member of the

credit the Commission to meet the requirements of section, paragraph 25f. 7, or



(b)) in contravention of section, paragraph 25f. 8 in advance does not inform the Czech National Bank on the

the proposed amendments to the members of the Board of directors or the members of the Supervisory Commission

or does not submit the required documentation.



(2) for the administrative offence is a fine of up to Czk 10 0000 0000 stores, if the

administrative offence referred to in paragraph 1 (b). and) or (b)). ".



174. under section 27e, the following new section 27e and 27ea, including title

added:



"Common provisions



section 27e



(1) where the Czech National Bank, that there has been infringement of the legal

the obligations for which the penalty may be imposed under this Act, (hereinafter referred to as

"infringement"), it shall initiate the procedure for the imposition of sanctions, if the

the basis of the assessment of the detected infringement comes to the conclusion that the

It is socially harmful. In the assessment of social harmfulness

the infringement is based on the Czech National Bank, in particular, the nature,

the severity, duration and effect of the infringement and any

the procedure for persons suspected of offences while removing his

the consequences. If there is no procedure for the imposition of sanctions, shall be brought about

the record in the file and the case shall defer. The decision to postpone the things

does not issue.



(2) since the imposition of sanctions in the decision on administrative tort to refrain,

If the offender is sufficient to remedy the very discussion of the administrative

tort.



(3) the legal person for administrative offence does not match, if he proves that

made every effort, that it was possible to require that the infringement

the negotiations.



(4) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its následkůma to the

the circumstances under which it was committed; where appropriate, taking into account also



and) the duration of the infringement,



(b)) the financial situation of the legal person,



(c)) the importance of the advantage of a legal person, if it can be

lay down,



(d) loss caused by third parties) identified an infringement,



(e) the legal person) cooperation in the management of the administrative tort,



f) prior administrative deliktům of the legal person.



(5) the criteria for fixing the amount of the fines referred to in paragraph 4 shall apply

(I) in determining the amount of the fine imposed for the offence of physical

to the person.



(6) the responsibility for the administrative offence shall cease, if the Czech National Bank

about him to initiate the proceedings to 1 year from the date on which it became aware

but not later than 10 years from the day when it was committed.



(7) the offense of physical persons cannot be discussed, if the Czech national

Bank on it to initiate proceedings within one year from the date on which it

learned, but not later than 5 years from the day when it was committed.



(8) responsibility for the administrative offence, which occurred in the business

a natural person or in direct connection with the applicable provisions of the

the law on liability of legal persons and sanctions.



§ 27ea



(1) administrative offences under this law in the first instance hearing

The Czech National Bank.



(2) the proceeds of the fines is the income of the State budget.



(3) the Czech National Bank without undue delay shall publish the final

the decision on a fine issued in a manner enabling remote access.



(4) the Czech National Bank shall publish the decision without putting the identification

information about the pokutované person, if the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(5) the decision referred to in paragraph 3 or 4 shall be published at least once

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

data. ".



175. section 28 and 28a, including heading shall be inserted:



"section 28



Measures to remedy the



(1) the Czech National Bank can a person subject to its supervision in the

the lack of findings in her activities as a result of any breach or non-compliance with

the obligations or conditions set out in this law, it law

carrying out, according to a decision issued by this law, measures of General

nature issued pursuant to this Act, a directly applicable regulation

The European Union governing the prudential requirements and regulation, or

decision of the European Commission to impose measures to remedy the identified

the lack of corresponding to the nature of the infringement and its severity. Measures to

the remedy can be saved also when finding deficiencies on the basis of the results of the

the implementation of the review and evaluation referred to in § 21a.



(2) to correct the shortcomings identified can the Czech National Bank



and to the person) under its supervision



1. maintain capital above the minimum levels of capital requirements according to the

article. 92 of the European Parliament and of the Council (EU) no 575/2013 and

the capital reserve requirements under this Act,



2. improve the arrangements, strategies, processes, and other mechanisms, so that the

restore or enhance their compliance with this law, the law of the

implementing this law, decisions or measures of a general nature

issued pursuant to this Act, a directly applicable regulation in the European Union

governing the prudential requirements, regulations or decisions

The European Commission,



3. submit a plan to restore compliance with the requirements of the Czech National Bank

under this Act, and directly applicable European Union law

governing the prudential requirements and implemented it in a specified

the term,



4. apply specific policies and procedures for the creation of adjusting entries

the assets and reserves or for determining capital requirements



5. limited, or lack some of the shops, operation or

the activity, which means excessive risk to the Credit Union,



6. limited distribution network, including a possible reduction in the number of business

places,



7. reduce the risks associated with its activities, products or systems,



8. limit variable component of the remuneration of persons referred to in Section 7a, paragraph. 1 (a).

and if point 4) is not in accordance with keeping the capital; in such a

the case will determine the amount of the variable component of the Credit Union as a percentage of

the net profit,



9. profit after tax was used primarily to replenish reserve funds or

to increase the share capital,



10. limited distribution of profit or gain to the members or holders of me

the next tier 1 capital instruments referred to in article. 51 the European regulation

Parliament and of the Council (EU) no 575/2013; If this ban does not constitute

failure to comply with the obligations of that person,



11. within the time limit removed the lack of activities and

its repetition,



12. in due time to the specified amount of the capital increase, if

does not comply with a combined capital reserve under section 8aa paragraph. 1, and the Czech

the National Bank did not approve the plan to restore the capital



(b) save the additional or more frequent) reporting, including information

about capital and liquidity positions,



(c) special requirements) to save liquidity, including the restriction of non-compliance

the maturity of assets and liabilities, taking into account the specific model

business credit unions, to arrangements, procedures and mechanisms

credit unions, in particular under section 7a of the paragraph. 1 (a). (b)) and to the system

liquidity risk that threatens the unity of the Czech financial market

of the Republic,



(d) the additional disclosure of information) to save,



(e) impose more stringent restrictions on the distribution of) profit after tax which under section 8aa

paragraph. 4 If the Czech National Bank approved a plan to restore the

capital,



f) save other appropriate measures to remedy the situation.



(3) the Czech National Bank may impose the measures referred to in paragraph 2 (a). and)

paragraph 1, in particular if



and the arrangement of the deficiencies), strategies, procedures, or other

mechanisms of management and control system governed by this law,

It is carrying out the law, non-compliance with requirements under article. 393

Regulation of the European Parliament and of the Council (EU) no 575/2013 or shortcomings

in strategies or practices pursuant to section 8a of the paragraph. 1, or in their

the application,



(b)), to the risks or the risk elements not subject to the capital requirements

modified in this law or directly applicable rules of the European Union

governing the prudential requirements



(c)) the imposition of measures pursuant to paragraph 2 (a). and section 2) points 5 and 6 points

8 to 10, paragraph 2 (a). (c)) or measures under paragraph 4 (b). and)

(f)) appears to be insufficient to achieve a remedy within a reasonable time,



(d)), it is likely that the failure to comply with the requirements regarding the use of
the corresponding access will result in lack of capital

requirements,



(e)), it is likely that, as with the requirements provided for in this

law or regulation directly applicable European Union legislation

prudential requirements, risks will be underestimated,



(f)) the Credit Union shall notify of the Czech National Bank according to the article. 377, paragraph. 5

Regulation of the European Parliament and of the Council (EU) no 575/2013, that the results of the

stress test indicates the need for capital, which significantly

exceeds its capital requirement for covering trading portfolio

correlations.



(4) the Czech National Bank can a person subject to its supervision, which

received approval to use internal access or internal model to calculate the

capital requirements under part III of the regulation of the European Parliament

and of the Council (EU) no 575/2013, but does not meet the requirements for its use,



and save to) demonstrate that non-compliance with the requirements for internal access

or the internal model is irrelevant,



(b)), to submit a plan to save to restore compliance with the requirements of the

internal access and a deadline for its implementation,



(c)) to carry out modifications to save a plan to restore compliance with the requirements of the

internal access or internal model and set a deadline for the implementation of

These adjustments, if unlikely, that according to the original plan will be

achieved full compliance, or the period referred to in the original plan are

inappropriate,



(d) restrict the approval on the field), that meet the requirements, or for

which can be used to achieve compliance within the time limit,



(e) to withdraw consent to the use of) internal access or internal

the model, which requires the consent, if it is unlikely that a cooperative

the Credit Union will be able to restore consistency within the relevant time limit, or

has not demonstrated that the discrepancy is minor, or



(f) revoke the consent to the use of) the internal market risk model or

Save the appropriate measures to ensure his immediate improvement if u

internal model suggests a large number of overrun referred to in the article. 366

Regulation of the European Parliament and of the Council (EU) no 575/2013, that model is not

sufficiently precise,



g) save other appropriate measures.



(5) in the case of a finding of a lack of in the activities of the person subject to its

the Czech National Bank supervision



and save this) person



1. replaced the Board of Directors, Member of the Audit Commission, or other

the responsible natural person



2. convene a membership meeting and this meeting will discuss with the Czech

the National Bank fixed the matter or proposal,



3. create a corresponding amount of the adjustments and provisions,



4. reduce or increase capital within a specified range,



(b)) may decide to limit or ban certain permitted activities

credit unions up to 120 days, and including the loading of the depositors with

their deposits; treatment of depositors with their deposits for the purposes of

This law means any disposition with the deposit,



(c) permit the exclusion of or) to change the restrictions, some of the activities in it

referred to,



(d) an extraordinary audit) required at the expense of the credit unions,



(e) require the convening of the meeting) at the expense of the member credit unions and determine

some of the items on the agenda of the meetings,



(f)) prohibit or restrict the implementation of operations with persons that are linked

close links with the cooperative záložnou or which are part of the

the same consolidated Group as a credit union or have to

cooperative savings bank a special relationship,



g) Save to increase liquid funds of at least the amount of the credit unions

set by the Czech National Bank,



(h)) with the use of internal approval to revoke access for the calculation of the

capital requirement under part III of the regulation of the European Parliament

and of the Council (EU) no 575/2013.



(6) the Czech National Bank can save to a natural person or a legal person

not subject to its supervision, which fails to comply with an obligation imposed by this

by law, the law implementing it, according to a decision issued by a

This law, directly applicable EU regulation governing the

prudential requirements or regulation, or by a decision of the European

the Commission to refrain from such infringement and its

recurrence; The Czech National Bank can further



and member of the Board of Directors) or temporarily disable the Audit Commission

the credit unions or other responsible person in the physical performance of the

cooperative savings bank or the exercise of a function in another cooperative savings bank,



(b) to publish information about it), that person is responsible for the unlawful

the negotiations and what is its nature.



(7) the Czech National Bank may impose corrective measures referred to in paragraphs 2

up to 4, paragraph 5 (b). (h)) and paragraph 6 also if it has reasonable grounds for

the suspicion that the lack of activity in may, in the course of the following 12

months to occur.



section 28a



(1) the Czech National Bank is entitled to



and participate in meetings of the authorities) other legal entities, which are closely

linked with the cooperative záložnou,



(b)) in the exercise of supervision to enter into the premises of the person who is closely

linked with the cooperative záložnou, and require the submission of documents and

explanations related to the subject of the inspection.



(2) a participant in the proceedings for the imposition of measures to remedy is the only person

that has to be the corrective measures imposed.



(3) proceedings may be initiated by issuing the decision.



(4) the person to whom the Czech National Bank imposed corrective measures,

inform the Czech National Bank for redress without undue

the postponement.



(5) Against the decision on the imposition of corrective measures can be made.

The decomposition does not have suspensory effect. On the decomposition of the Bank Board of the Czech decides

the National Bank ".



176. In section 28 paragraph. 2 (a). and 13), the following point is added:



"13. in due time to the specified amount of the capital increase, if

does not comply with a combined capital reserve pursuant to section 8aj paragraph. 1, and the Czech

the National Bank did not approve the plan to restore the capital ".



177. In section 28 paragraph. 2, letter e) the following new subparagraph (f)), which read:



"(f)) to save the more stringent restrictions which the distribution of profits after tax according to § 8aj

paragraph. 4 If the Czech National Bank approved a plan to restore the

capital. ".



Letter f) is renumbered as paragraph (g)).



178. under section 28a shall be added to the new section 28ab 28aa and:



"§ 28aa



(1) the Czech National Bank without undue delay shall publish the final

the decision on the imposition of corrective measures in a manner enabling remote

access.



(2) the Czech National Bank shall publish the decision without putting the identification

information about the person that was the corrective measures imposed if the

the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(3) the decision referred to in paragraph 1 or 2, shall be published at least once

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

of the data.



section 28ab



In the event that a member of the Board of directors or the Audit Commission found that

the Credit Union is or becomes insolvent or incompetent

the Credit Union they incurred or to be incurred losses

have caused or may cause a decrease in the total capital ratio

credit unions under the minimum level of the overall capital ratio

According to the article. paragraph 92. 1 (a). (c)) the European Parliament and of the Council

(EU) no 575/2013, it shall inform without delay the Czech National Bank.



179. in section 28ab is inserted after section 28b:



"§ 28b



The Czech National Bank will issue measures of a general nature, if they are filled with

the conditions laid down in article. 458 of regulation the European Parliament and of the Council (EU)

No 575/2013. ".



180. In section 28 g, paragraph. 2 at the end of subparagraph (a)) the word "or" is deleted.



181. In section 28 g, paragraph. 2, letter a) insert a new subparagraph (b)), which

added:



"(b)) in the activities of credit unions has been identified the lack of activity in the

that would at the same time could fill the characters of misconduct under section 27b

paragraph. 2 (a). and), d), (f)), g), (h)), i), (j))) l), m), o), p, q)) or section

27 c of paragraph 1. 1 (a). e),“.



Letter b) is renumbered as paragraph (c)).



182. In the section 28 g at the end of paragraph 2, the period is replaced by a comma and the following

the letter d) and e) are added:



"(d)) against the cooperative savings bank was the final judgment for

serious violations of the law governing the measures against the legalization of proceeds from

crime and the financing of terrorism, or



(e)), the Credit Union does not meet the requirements laid down in part three,

the fourth or sixth regulation of the European Parliament and of the Council (EU) No.

575/2013, § 28 paragraph. 2 (a). and) point 1 or § 28 paragraph. 2 (a). c).“.



183. In section 28 g, paragraph 3 reads:



"(3) the Czech National Bank shall withdraw an authorization if it finds that the total

capital ratio credit unions on an individual basis is less

than one-third of the total capital ratio according to the article. paragraph 92. 1

(a). c) European Parliament and Council Regulation (EU) no 575/2013. ".



184. In section 28 h of paragraph 1. 2 the words "the legal person concerned" shall be replaced by the words

"Credit Union".
185. Article 28 h shall be added at the end of paragraph 2, the phrase "until this

legal person settles its debts and debts, it is considered

the Credit Union under this Act. ".



186. Article 28i paragraph. 1 (a). (c)), the words "§ 22 paragraph 1(b). 8 "shall be replaced by the words

"§ 21a".



187. In section 28i paragraph. 1 at the end of the text of subparagraph (d)), the words ",

including the number and nature of corrective measures or penalties adopted in accordance

with this Act ".



188. Article 28i paragraph. 1 (a). e) and (f)), the words "section 8" is replaced by "article.

405 through 409 regulation of the European Parliament and of the Council (EU) no 575/2013 ".



189. Article 28i paragraph. 1 (a). g), the words "to section 25 d of paragraph 1. 9 and 10 "shall be replaced by

the words "§ 25 d of paragraph 1. 8 and 9 ".



190. the following section shall be inserted a new section 28i 28j and 28 k are inserted:



"§ 28j



If the Czech National Bank decided pursuant to article. 7. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

foreseen material practical or legal impediment to the prompt

transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 7

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person other than the Member

State,



c) collectively for the Czech Republic



1. the total amount of own funds on a consolidated basis of persons controlling

using the option provided for in article. 7. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a non-Member State,



2. the percentage of the total capital of persons controlling the

consolidated basis using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons other than the Member State,



3. percentage of total capital according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013 persons controlling the

consolidated basis using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons other than the Member State.



§ 28 k



If the Czech National Bank decided pursuant to article. 9 (2). 1 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

do not foresee any material practical or legal impediment to

immediate transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 9

paragraph. 1 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person other than the Member

State,



c) collectively for the Czech Republic



1. the total amount of own funds of persons controlling using options

laid down in article. 9 (2). 1 regulation of the European Parliament and of the Council (EU) No.

575/2013, which is held in the controlled persons other than the Member

State,



2. the percentage of the total capital of the controlled persons

using the option provided for in article. 9 (2). 1 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a non-Member State,



3. percentage of total capital according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013 persons controlling

using the option provided for in article. 9 (2). 1 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

other than the Member State ".



191. under section 32, the following new section 32a to 32d:



"section 32a



The information referred to in section 7b, paragraph. 5 (a). and (c))) up to publish Credit Union

for the first time by 1 March 2005. September 2014 for the immediately preceding financial

the period and under the conditions and in the manner referred to in section 7b.



§ 32b



The information referred to in section 7b, paragraph. 5 (a). d) to (f)) to provide internationally designed

Global systemically important institutions for the first time by 1 March 2005. September 2014 for the

immediately preceding financial year of the European Commission, and in

the scheme to confidential information and subject to the conditions and in the manner referred to in section 7b.



section 32 c



For the purposes of section, paragraph 8ag. 3 and 4 to 31. December 2014 instead of the rate of 5%

It shall apply the rate of 3%.



§ 32d



(1) the Czech National Bank may provide for measures of a general nature, the conditions

the criteria, requirements or procedures referred to in article 12(2). paragraph 124. 4 (b). and) article.

paragraph 150. 3, article. paragraph 153. 9, article. paragraph 181. 3 (b). and) article. paragraph 182. 4

(a). and) article. paragraph 197. 8 article. 221, paragraph. 9, article. paragraph 312. 4 (b). (b)) and

(c)). paragraph 316. 3, article. paragraph 318. 3, article. 363 paragraph. 4 (b). and (c))),

article. paragraph 382. 4 (b). and) article. 426, article. paragraph 440. 2 and article. 443 regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) a draft of the measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(3) Measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(4) measures of a general nature Against issued may submit written

reasoned objections only credit unions, within 10

working days from the date of its publication. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or repeal of the measures of a general nature issued. ".



192. Article 32 c the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) for the purposes of § 8ar makes capital for global system

a major institution for the year



2016 25%) of the capital reserve provided for by § 8ar,



(b)) the capital reserve of the 2017 50% determined in accordance with § 8ar,



c) 2018 75% of capital reserve provided for by § 8ar. ".



Article. (VI)



Transitional provisions



(1) the Credit Union is required to ensure compliance with the requirements

laid down in section 7aa paragraph. 2 (a). (c)) and section 7aa paragraph. 4 of Act No 87/1995

Coll., as amended, effective from the date of entry into force of this law, to 1.

July 2014.



(2) the procedure for the imposition of corrective measures or proceedings for the imposition of penalties

initiated by the date of entry into force of this law, and to this day

been completed by the executor of the existing legislation.

Corrective measures or sanctions shall be imposed according to the existing legal

regulations.



PART THE FIFTH



Amendment of the Act on the capital market



Article. (VII)



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., Act No. 139/2011 Coll., Act No. 188/2011 Coll., Act No.

420/2011 Coll., Act No. 428/2011 Coll., Act No. 37/2012 Coll., Act No.

172/2012 Coll., Act No. 254/2012 Coll., Act No. 134/2013 Coll., Act No.

241/2013 Coll. and Act No. 303/2013 Coll., is hereby amended as follows:



1. In footnote 1, the sentence of the ninth and tenth are deleted at the end of

footnotes on a separate line following the sentence "Directive

The European Parliament and of the Council of 13/36/EC of 26 April 1999. June 2013

access to the activity of credit institutions and on the prudential supervision of

credit institutions and investment firms amending Directive

2002/87/EC and repealing directives 2006/48/EC and 2006/49//ES. ".



2. At the end of footnote No 2 is on a separate line following

the sentence "the regulation of the European Parliament and of the Council (EU) no 575/13 of 26 February.

June 2013 on prudential requirements for credit institutions and

investment firms and amending Regulation (EC) No 648/2012. ".



3. In article 2 (2). 1 (f)):



"(f)) close links close links in accordance with article. 4 (4). 1, point 38

Regulation of the European Parliament and of the Council (EU) no 575/2013 ".



4. In section 2 (2). 1 letter i) is added:



"i) initial capital initial capital in accordance with article. 26 paragraph. 1 letter

and (e))) up to European Parliament and Council Regulation (EU) no 575/2013 ".



5. the following section is inserted after section 2d, 2e, which reads as follows:



"section 2e



The Czech National Bank shall exercise the functions of the competent authority and is at the same time

the designated authority in accordance with regulation directly applicable in the European Union

governing the prudential requirements ^ 2). ".



6. In section 5, the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) for the purposes of section 9a to 9au, § 12 g to 12j, section 14, paragraph. 6 to 10, section 16a,

16d, 16e, paragraph 27, section 135a. 4, 5 and 9, § 135b, 135 c, 135d, § 136 paragraph. 2,

5 to 7, § 136a, 150 to 156 with the trader in securities means
a securities dealer, which is an investment firm referred to in article. 4

paragraph. 1 point 2 of the European Parliament and of the Council Regulation (EU) No.

575/2013. ".



7. In section 6 (1). 1 (a). (j)) (2) the word "admission" shall be replaced by

"adoption".



8. In section 8a, paragraph 10 shall be deleted.



9. section 9, including title and footnotes No 33 and 34 shall be deleted,

including references to footnotes.



10. In section 9a, paragraph. 1 sentence the first part of the sentence with a semicolon is for including

the semicolon is repealed.



11. In section 9a, paragraphs 3 and 4 are added:



"(3) the obligations referred to in paragraphs 1 and 2 only has the stock trader

the papers, which



and is not controlled by the local proxy) trader in securities [section

paragraph 151. 1 (a). p)], controlling the domestic Bank, a local financial

holding a person [section 151 (1) (a). r)] or domestic mixed

financial holding person [section 151 (1) (a).)]



(b)) is not a responsible trader with securities in the Group of foreign

leader merchant securities [section 151 (1) (a). w)] or

in the Group of the European financial holding of the person [section 151 (1) (a).)]



(c)) is not responsible to the securities dealer controlled by the European

mixed financial holding the person or other securities dealer

papers-controlled mixed financial holding person [section 151 (1)

(a). (f))],



(d)) does not control another trader with securities, foreign trader

in securities, a Bank, a foreign bank, a financial institution,



(e)) is not included in the consolidation pursuant to article. 19 of the regulation of the European

Parliament and of the Council (EU) no 575/2013, or



(f)) is not required on the basis of a derogation granted by the Czech National Bank in accordance with

article. 14 European Parliament and Council Regulation (EU) no 575/2013 to comply with

capital requirements on a consolidated basis.



(4) the obligations referred to in paragraphs 1 and 2 is on a consolidated basis

to the extent and in the manner provided for in the first part of title II, Chapter 2 sections 2 and 3

Regulation of the European Parliament and of the Council (EU) no 575//13 only

a securities dealer, which is



and controlling the local dealer) securities [section 151 (1)

(a). p)],



(b)) controlling the trader of securities [section 151 (1) (b) (c))],

but it is not controlling the domestic securities dealer,

responsible trader with securities in the financial holding group

the responsible person or dealer in securities controlled mixed

financial holding person, and a member of its consolidated Group

is a foreign securities dealer, the foreign bank or the

financial institution established in a State which is not a Member State of the

The European Union,



(c)) the responsible trader with securities in the group financial

the holding of the person [section 151 (1) (a).)]



(d)) the responsible trader with securities in the Group of foreign

leader merchant securities [section 151 (1) (a). w)],



(e)) the responsible trader with securities in a foreign group

the controlling Bank [section 151 (1) (a). x)], or



(f)) in a responsible trader in securities operated a mixed financial

holding a person [section 151 (1) (a). y)]. ".



12. in section 9a is inserted after section 9aa to 9ai, including headings and

footnote No 44:



"§ 9aa



The combined capital reserve



(1) a securities dealer, which has permission to provide

investment services referred to in section 4, paragraph 4. 2 (a). (c)) or section 4 (4). 2 (a).

(g)), the total number of employees in the service reaches at least

the number of 250 and that has, according to the latest accounts of the annual turnover of at least

EUR 50 0000 0000 the total amount of its assets equal to at least 43

0000 0000 EUR, continuously maintains the equity tier 1 according to the article. 50

Regulation of the European Parliament and of the Council (EU) no 575/2013

the corresponding combined capital reserve, over and above the requirements of the

in the capital, according to the article. 92 of the European Parliament and of the Council (EU) No.

575/2013, capital requirements imposed on him by the measures to

redress and other measures under this Act or other legal

legislation and taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk.



(3) a securities dealer referred to in paragraph 1 maintains the capital

the reserve referred to in paragraph 2 (a). and (c))) on an individual and

consolidated basis according to the second part of the first head of regulation

The European Parliament and of the Council (EU) no 575/2013.



(4) where a securities dealer referred to in paragraph 1 does not maintain

the combined capital reserve in the desired amount, must not divide

a proportion of profits after tax, and within 5 working days from the date when the

combined will drop below the required level of capital reserves,

the Czech National Bank shall submit the application for approval of a plan to restore the

capital. The Czech National Bank may extend this period to 10

working days, depending on the individual situation assessment

a trader in securities referred to in paragraph 1, taking into account the scope and

the complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, a trader with

the securities referred to in paragraph 1 within the time limit will meet the combined

the capital reserve. If the Czech National Bank on the recovery plan

capital does not approve, saves the corrective measures under section 136, paragraph. 2 (a).

§ 136 k) or paragraph. 2 (a). p).



(6) the implementing legislation provides for



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after tax in accordance with paragraph 4

and



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 9ab



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 9ac



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c)) the specificities of the national economy and



(d) the recommendation issued by the European Council) for systemic risks.



(3) the rate of countercyclical capital buffers for the Czech Republic

be determined on a quarterly basis, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks and



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserve referred to in paragraph 3 shall be

0% up to 2.5% of the total risk exposure according to the article. 92

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, you can specify this rate

higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3 and



(b)) the date from which they are traders in securities under section 9aa of paragraph 1. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in cases of

the special considerations of this period may be shorter. This does not apply,

where the rate referred to in paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year, and



f) tentative specified period, after which it is expected that the rate according to the

paragraph 5 (a). and justification) will not be increased, including the length of this

period, if the rate of countercyclical capital reserves reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 9ad



(1) a securities dealer under section 9aa of paragraph 1. 1 apply rate
countercyclical capital reserves for another Member State of the European Union in the

the amount, which has established a competent authority or a designated authority of that

Member State ^ 44), if this rate was fixed up to 2.5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

The European Union has set the rate of countercyclical capital reserves higher than

2.5% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, the Czech national

the Bank recognizes that rate or a rate of 2.5%. A trader with a

securities under section 9aa of paragraph 1. 1 in this case, apply the rate of

set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for another Member State

The European Union referred to in paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)), and



(c)) the date from which they are traders in securities under section 9aa of paragraph 1. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in cases of

the special considerations of this period may be shorter. This does not apply,

where the rate referred to in paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 9ae



(1) a securities dealer under section 9aa of paragraph 1. 1 apply rate

countercyclical capital reserves for the State, which is not a Member State of the

The European Union, of which it has established, the competent authority of that State,

If this rate was fixed up to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



(2) if the competent authority of a State which is not a Member State of the European

the Union has set the rate of countercyclical capital reserve less than 2.5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank may

the rate of increase of up to 2.5%, if it considers it necessary, in terms of

the risks associated with the volume of provided loans in that State. Trader

securities under section 9aa of paragraph 1. 1 in this case, apply the rate of

set by the Czech National Bank.



(3) if the competent authority of a State which is not a Member State of the European

the Union has set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. Securities dealer

under section 9aa of paragraph 1. 1 in this case, apply the rate provided for the Czech

the National Bank.



(4) if the competent authority of a State which is not a Member State of the European

the Union, the rate of countercyclical capital buffers determined, Czech national

the Bank may set up this rate of 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013. A securities dealer under section 9aa of paragraph 1. 1 in the

this case uses the rate set by the Czech National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for a State which is not a Member

State of the European Union, in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)), and



(c)) the date from which they are traders in securities under section 9aa of paragraph 1. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in cases of

the special considerations of this period may be shorter. This does not apply,

where the rate referred to in paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



§ 9af



(1) the Czech National Bank may provide to dealers in securities

under section 9aa of paragraph 1. 1, a group of generically designated merchants with valuable

securities under section 9aa of paragraph 1. 1 or individual securities dealer

under section 9aa of paragraph 1. 1 continuously maintain a capital reserve to cover

systemic risk to the individual and consolidated basis according to the

the second part of the first title regulation of the European Parliament and of the Council (EU) No.

575/2013, and above the capital requirements under article. 92 this

Regulation, the requirements imposed on the capital securities trader

under section 9aa of paragraph 1. 1 through the corrective measures and the other

measures under this Act or other legislation and,

taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State of the European Union or in a State which is not

the Member State of the European Union. The Czech National Bank in setting rates

take into account the fact that the amount of rates had a negative impact on the financial market

as a whole or in part in other Member States of the European Union or

across the European Union and has not been an obstacle to the functioning of the single market.

The Czech National Bank examines the reasons for the determination of capital reserves

to cover systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the particulars needed to identify the securities trader under section 9aa

paragraph. 1, which is required to maintain a capital reserve to cover

systemic risk,



(c)) the date from which the securities dealer under section 9aa

paragraph. 1 required to rate according to subparagraph (a)), and



(d)) names of States, covered by the rate under (a)).



§ 9ag



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013

exception of articles 458 and 459 of this regulation,



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

prior to the date of issue of the decision or action of a general nature according to § 9af

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature referred to in section paragraph 9af. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States

The European Union, shall be the rate of the capital reserves to cover system

the risk is the same for all Member States of the European Union.
(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States of the European Union issued a recommendation to recognise the rate of capital reserves to

cover of systemic risk set by the Czech National Bank for the Czech

the Republic.



§ 9ah



(1) If the competent authority or a designated authority of another Member State

The European Union has set for that Member State, the rate of capital reserves

to cover systemic risk, the Czech National Bank rate for the purposes of

calculation of capital reserves to cover systemic risk and

decision or measures of a general nature referred to in section paragraph 9af. 3 this rate

fix. The Czech National Bank before setting the rates to be taken into account

the information referred to in the notice of the competent authority of the Member

State.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State of the European

the Union.



§ 9ai



(1) when issuing the measures of a general nature according to § 9ac to 9af, the sections 172 and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 9af paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) measures of a general nature against a given merchant can stock

securities under section 9aa of paragraph 1. 1 submit a written reasoned objections within the time limit to

10 working days from the date of its notification. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision according to § 9af

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons.



Article 44). 4 (4). 1 point 40 and article. paragraph 458. 1 regulation of the European

Parliament and of the Council (EU) no 575/2013. ".



13. the following shall be added in section 9ag paragraphs 6 and 7 are added:



"(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature referred to in section paragraph 9af. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for brokerage house

securities under section 9aa of paragraph 1. 1, the controlling entity has its registered office in another

Member State of the European Union, and the Czech National Bank and the competent authorities of the

or the designated authorities of the Member State of the European Union do not agree

or, in the case where the opinions of the European Commission and the European Council for

systemic risks are ' no ', the Czech National Bank can refer the matter

the decision to the European banking authority as directly

the applicable regulation in the European Union relating to the supervision of the financial

market in the area of banking ^ 44). The Czech National Bank decision or

measures of a general nature referred to in section paragraph 9af. 3, until in a matter

the European banking authority decides. ".



14. the following section shall be inserted a new section 9ai 9aj to 9au, which including the following titles:



"§ 9aj



The combined capital reserve



(1) a securities dealer, which has permission to provide

investment services referred to in section 4, paragraph 4. 2 (a). (c)) or section 4 (4). 2 (a).

(g)), the total number of employees in the service reaches at least

the number of 250 and that has, according to the latest accounts of the annual turnover of at least

EUR 50 0000 0000 the total amount of its assets equal to at least 43

0000 0000 EUR, continuously maintains the equity tier 1 according to the article. 50

Regulation of the European Parliament and of the Council (EU) no 575/2013

the corresponding combined capital reserve, over and above the requirements of the

in the capital, according to the article. 92 of the European Parliament and of the Council (EU) No.

575/2013, capital requirements imposed on him by the measures to

redress and other measures under this Act or other legal

legislation and taking into account the internal capital.



(2) the combined capital reserve form



and security capital),



(b) the counter-cyclical capital reserve)



(c) capital reserve) to cover systemic risk,



(d)) for the global capital of systemically significant institution



e) capital for another systemically significant institution.



(3) a securities dealer referred to in paragraph 1 maintains the capital

the reserve referred to in paragraph 2 (a). and (c))) and (e)), on an individual and

consolidated basis according to the second part of the first head of regulation

The European Parliament and of the Council (EU) no 575/2013. Securities trader

the papers referred to in paragraph 1 maintains the capital reserve pursuant to paragraph 2

(a). (d)) on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. The obligation to

maintain a capital reserve referred to in paragraph 2 (a). (d)) and e) also has a

responsible securities dealer referred to in paragraph 1 in the Group

European financial holding the person or responsible trader with securities

the papers referred to in paragraph 1 is controlled by the European mixed financial

holding a person, if this European financial holding the person or

European mixed financial holding person was identified as systemically

important institutions in accordance with § 9aq paragraph. 2 or § 9ar paragraph. 2.



(4) where a securities dealer referred to in paragraph 1 does not maintain

the combined capital reserve in the desired amount, must not divide

a proportion of profits after tax, and within 5 working days from the date when the

combined will drop below the required level of capital reserves,

the Czech National Bank shall submit the application for approval of a plan to restore the

capital. The Czech National Bank may extend this period to 10

working days, depending on the individual situation assessment

a trader in securities referred to in paragraph 1, taking into account the scope and

the complexity of its activities.



(5) the Czech National Bank plan to restore the capital referred to in paragraph 4

approve, if it can be expected that on the basis of this plan, a trader with

the securities referred to in paragraph 1 within the time limit will meet the combined

the capital reserve. If the Czech National Bank on the recovery plan

capital does not approve, saves the corrective measures under section 136, paragraph. 2 (a).

q) or § 136 paragraph. 2 (a). r).



(6) the implementing legislation provides for



and the rules for combined) capital reserve referred to in paragraph 1 and

capital reserve referred to in paragraph 2,



(b)), the rules for calculating the proportional part of the profit after tax in accordance with paragraph 4

and



(c) the particulars of the plan to restore) of capital referred to in paragraph 4.



§ 9ak



The rate of the security capital reserves



The rate of the security capital reserves amounts to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



Countercyclical capital reserve



§ 9al



(1) calculated on a quarterly basis, the Czech National Bank indicative indicator

countercyclical capital buffers as a reference value, the

controls in the determination of rates of countercyclical capital reserves. This

the indicator is based on deviation the ratio of volume of loans and

the gross domestic product from a long-term trend.



(2) the Czech National Bank in the calculation of indicative indicators

countercyclical capital reserve account shall be taken, in particular, to the



and the credit cycle and growth) of the volume of provided loans in the Czech

Republic,



(b) the ratio changes) volume of loans and the gross domestic product,



(c)) the specificities of the national economy and



(d) the recommendation issued by the European Council) for systemic risks.



(3) the rate of countercyclical capital buffers for the Czech Republic

be determined on a quarterly basis, taking into account the



indicative indicators) countercyclical capital reserves as calculated

referred to in paragraphs 1 and 2,



(b) the recommendation issued by the European Council) for systemic risks and



(c)), which may indicate the performance growth of systemic risk.



(4) the rate of countercyclical capital reserves pursuant to paragraph 3 of the regulation

The European Parliament and of the Council (EU) no 575/2013 shall be at the rate of 0% to

2.5% of the total risk exposure according to the article. paragraph 92. 3 in the

multiples of 0.25 of a percentage point. In cases where it will be based on the

the facts referred to in paragraph 3, the reason, the Czech National Bank

lay down this rate higher than 2.5%.



(5) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for the Czech Republic in accordance with

paragraph 3 and
(b)) the date from which they are traders in securities referred to in section paragraph 9aj. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(6) When the first determination of the rate referred to in paragraph 5 (a). and) or

the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established

first 1 year after the date of issue of the measures of a general nature; in cases of

the special considerations of this period may be shorter. This does not apply,

where the rate referred to in paragraph 5 (a). and) reduces.



(7) the Czech National Bank in measures of a general nature shall



and the information referred to in paragraph 5),



(b)) the ratio of the volume of loans to gross domestic product of the Czech

Republic and the variance of the proportion of the long-term trend,



c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and

2,



(d)) of the rate referred to in paragraph 5 (a). and), including

all the factors that the Czech National Bank has taken into account in determining

This rate,



(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter

than 1 year,



f) tentative specified period, after which it is expected that the rate according to the

paragraph 5 (a). and justification) will not be increased, including the length of this

period, if the rate of countercyclical capital reserves reduced.



(8) the Czech National Bank shall coordinate the measures of a general nature, the term release

with the competent authorities, or by the designated authorities of other States.



§ 9 am



(1) a securities dealer under section 9aj paragraph. 1 apply rate

countercyclical capital reserves for another Member State of the European Union in the

the amount, which has established a competent authority or a designated authority of that

Member State ^ 44), if this rate was fixed up to 2.5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) If the competent authority or a designated authority of another Member State

The European Union has set the rate of countercyclical capital reserves higher than

2.5% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, the Czech national

the Bank recognizes that rate or a rate of 2.5%. A trader with a

securities pursuant to section 9aj paragraph. 1 in this case, apply the rate of

set by the Czech National Bank.



(3) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for another Member State

The European Union referred to in paragraph 2,



(b) the name of the State) which applies the rate referred to in subparagraph (a)), and



(c)) the date from which they are traders in securities referred to in section paragraph 9aj. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(4) When the first determination of the rate referred to in paragraph 3 (b). and) or

the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in exceptional

cases, this period may be shorter. This does not apply if the rate according to the

paragraph 3 (b). and) reduces.



(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank

in measures of a general nature shall state the reasons for the shortening of the time limits.



§ 9an



(1) a securities dealer under section 9aj paragraph. 1 apply rate

countercyclical capital reserves for the State, which is not a Member State of the

The European Union, of which it has established, the competent authority of that State,

If this rate was fixed up to 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013.



(2) if the competent authority of a State which is not a Member State of the European

the Union has set the rate of countercyclical capital reserve less than 2.5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank may

the rate of increase of up to 2.5%, if it considers it necessary, in terms of

the risks associated with the volume of provided loans in that State. Trader

the securities referred to in section paragraph 9aj. 1 in this case, apply the rate of

set by the Czech National Bank.



(3) if the competent authority of a State which is not a Member State of the European

the Union has set the rate of countercyclical capital reserves higher than 2.5% from the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank

rate recognizes or establishes the rate of 2.5%. Securities dealer

According to § 9aj paragraph. 1 in this case, apply the rate provided for the Czech

the National Bank.



(4) if the competent authority of a State which is not a Member State of the European

the Union, the rate of countercyclical capital buffers determined, Czech national

the Bank may set up this rate of 2.5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013. A securities dealer under section 9aj paragraph. 1 in the

this case uses the rate set by the Czech National Bank.



(5) the Czech National Bank in determining rates of countercyclical capital

reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European

the Council for system risks.



(6) the Czech National Bank provides for measures of a general nature



and counter-cyclical capital reserve) rate for a State which is not a Member

State of the European Union, in accordance with paragraphs 2 to 4,



(b) the name of the State) which applies the rate referred to in subparagraph (a)), and



(c)) the date from which they are traders in securities referred to in section paragraph 9aj. 1

required to use the rate referred to in subparagraph (a)) for the purposes of the calculation of the combined

capital reserves.



(7) When the first determination of the rate referred to in paragraph 6 (a). and) or

the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established

first 1 year after the date of issue of the measures of a general nature; in cases of

the special considerations of this period may be shorter. This does not apply,

where the rate referred to in paragraph 6 (a). and) reduces.



(8) the Czech National Bank in measures of a general nature justifying the rate

in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1

year, the Czech National Bank, giving the reasons for the shortening of the time limits.



The capital reserve to cover systemic risk



§ 9ao



(1) the Czech National Bank may provide to dealers in securities

According to § 9aj paragraph. 1, a group of generically designated merchants with valuable

the papers according to § 9aj paragraph. 1 or individual securities dealer

According to § 9aj paragraph. 1 continuously maintain a capital reserve to cover

systemic risk to the individual and consolidated basis according to the

the second part of the first title regulation of the European Parliament and of the Council (EU) No.

575/2013, and above the capital requirements under article. 92 this

Regulation, the requirements imposed on the capital securities trader

According to § 9aj paragraph. 1 through the corrective measures and the other

measures under this Act or other legislation and,

taking into account the internal capital.



(2) the Czech National Bank establishes the rate of capital reserves to cover

systemic risk for exposures that are located in the Czech Republic in the amount of

at least 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5

percentage point, while this rate may also be laid down for exposures

located in another Member State of the European Union or in a State which is not

the Member State of the European Union. The Czech National Bank in setting rates

take into account the fact that the amount of rates had a negative impact on the financial market

as a whole or in part in other Member States of the European Union or

across the European Union and has not been an obstacle to the functioning of the single market.

The Czech National Bank examines the reasons for the determination of capital reserves

to cover systemic risk at least once every 2 years.



(3) the Czech National Bank establishes the decision or measures of General

the nature of the



and) rate capital reserves to cover systemic risk, in accordance with paragraphs

1 and 2,



(b)) the particulars needed to identify the securities trader under section 9aj

paragraph. 1, which is required to maintain a capital reserve to cover

systemic risk,



(c)) the date from which the securities dealer pursuant to section 9aj

paragraph. 1 required to rate according to subparagraph (a)), and



(d)) names of States, covered by the rate under (a)).



§ 9ap



(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves

to cover systemic risk, the European Commission, the European authority for the

the banking sector, the European Council for system risks and the competent authorities of the

or the designated authorities of the States concerned.



(2) the notification referred to in paragraph 1 shall include the



and) rate capital reserves to cover systemic risk,



(b) a description of the system or a macro-prudential) risks,



(c)) the rate referred to in subparagraph (a)), given the extent of the system

or a macro-prudential risks and threats to the stability of the financial

the system in the Czech Republic,



(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and

the adequacy of the system of macro-prudential risk, mitigate or,



(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))

relative to the other existing measures applicable under this

law and regulation of the European Parliament and of the Council (EU) no 575/2013
exception of articles 458 and 459 of this regulation and



(f) assessment of the likely) positive and negative impacts of the establishment of

capital reserves to cover systemic risk to the single market of the European

the Union on the basis of the information available to the Czech National Bank.



(3) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month

prior to the date of issue of the decision or action of a general nature referred to in section 9ao

paragraph. 3. If the Czech National Bank intends to determine the rate of capital

reserve to cover systemic risk more than 5% of the total volume of

risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the

The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and

decisions or measures of a general nature referred to in section 9ao paragraph. 3 shall only be granted in the

following the European regulations or decisions of the Commission.



(4) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk in the amount of 5% of the total volume of risk

exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council

(EU) no 575/2013 for exposures situated in other Member States

The European Union, shall be the rate of the capital reserves to cover system

the risk is the same for all Member States of the European Union.



(5) the Czech National Bank may ask the European Council for system

the risk, in order for the competent authorities or the authorities designated by other Member

States of the European Union issued a recommendation to recognise the rate of capital reserves to

cover of systemic risk set by the Czech National Bank for the Czech

the Republic.



(6) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, before issuing the

decisions or measures of a general nature referred to in section 9ao paragraph. 3 the opinion of the

Of the European Commission. If the Czech National Bank opinion of the European Commission

does not pass, the reasons which have led it to do so.



(7) If the Czech National Bank intends to determine the rate of capital reserves

to cover systemic risk is higher than 3% and less than or equal to 5% of the

the total risk exposure according to the article. paragraph 92. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013 for brokerage house

the papers according to § 9aj paragraph. 1, the controlling entity has its registered office in another

Member State of the European Union, and the Czech National Bank and the competent authorities of the

or the designated authorities of the Member State concerned do not agree or

When the opinions of the European Commission and the European Council for system

the risks are ' no ', the Czech National Bank may refer the matter to the

decision of the European banking authority as directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

banking ^ 44). The Czech National Bank decision or action

of a general nature according to § 9ao paragraph. 3, until it decides on the matter

The European banking authority.



§ 9aq



(1) If the competent authority or a designated authority of another Member State

The European Union has set for that Member State, the rate of capital reserves

to cover systemic risk, the Czech National Bank rate for the purposes of

calculation of capital reserves to cover systemic risk and

decision or measures of a general nature referred to in section 9ao paragraph. 3 this rate

fix. The Czech National Bank before setting the rates to be taken into account

the information referred to in the notice of the competent authority of the Member

State.



(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European

the Commission, the European banking authority, the European Council for system

the risks and the competent or designated authority of the Member State.



§ 9ar



Capital reserve for global systemically important institution



(1) the Czech National Bank decides that the securities dealer referred to in

§ 9aj paragraph. 1 that was marked as global systemically important

institutions, continuously maintain a capital reserve for global system

an important institution on a consolidated basis as part of the first head

the second regulation of the European Parliament and of the Council (EU) no 575/2013, and above

the framework of capital requirements according to the article. 92 this regulation, the requirements for the

capital saved through corrective measures, and other

measures under this Act or other legislation and,

taking into account the internal capital.



(2) the Czech National Bank will decide on the destination global systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. As a global

systemically significant institutions may be designated European controlling

a securities dealer under section 9aa of paragraph 1. 1, the European financial

holding a person, the person, or a mixed financial holding

a securities dealer under section 9aj paragraph. 1 with the exception of the merchant with the

securities pursuant to section 9aj paragraph. 1 the European-controlled controlling

European financial institutions, holding the person or the European

mixed financial holding person.



(3) the Czech National Bank establishes the importance of the global system

systemically relevant institution on the basis of the following criteria:



and the size of the Group) global systemically relevant institutions,



(b)) the Group global interconnectedness of systemically relevant institutions with

the financial system,



(c)) the substitutability of the services provided by global systemically

significant institutions,



(d)) the complexity of the Group global systemically relevant institutions and



e) cross-border activity of the Group global systemically relevant institution.



(4) the Czech National Bank will decide on the inclusion of global systemically important

the institution into one of 5 categories on the basis of the evaluation

the relevance of the institution, while the system is governed by the methodology set out

the European Commission decision or regulation. The Czech National Bank may in

justified cases include global systemically important institution

in the category with the higher systemic significance and in some of the categories

may include also the institution that has not been designated as systemically

significant. The Czech National Bank shall inform the European banking authority

of the cases referred to in the second sentence, and indicate the reasons for so doing.



(5) the implementing legislation provides for individual categories of the system

significance of the rate of the capital reserves for global systemically important

institution, and for the institutions listed in the category with the lowest

the level of significance of this system provides for a rate of 1% and for the

the institutions included in the category with the highest levels of systemic significance

at the rate of 3.5% of the total risk exposure in accordance with article 92

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013. Czech

National Bank establishes the rate to the fourth category in increments of 0.5

of a percentage point.



(6) the Czech National Bank shall inform the European Commission, the European

banking and the European systemic risk Council of the names of the institutions,

that have been identified as global systemically important.



§ 9as



Capital reserve for another important institution system



(1) the Czech National Bank may provide to a securities dealer

According to § 9aj paragraph. 1 that was marked as other systemically important

institutions, continuously maintain a capital reserve for another system

an important institution on a individual and consolidated basis according to the

the second part of the first title regulation of the European Parliament and of the Council (EU) No.

575/2013, and above the capital requirements under article. 92 this

Regulation, capital requirements imposed on him by the measures to

redress and other measures under this Act or other legal

legislation and taking into account the internal capital.



(2) the Czech National Bank will decide on the destination of the other systemically important

institutions on a consolidated basis in accordance with the second part of the first head

Regulation of the European Parliament and of the Council (EU) no 575/2013. Like other

systemically important institutions could be marked the European controlling

a securities dealer under section 9aj paragraph. 1, the European financial

holding a person, the person, or a mixed financial holding

a securities dealer under section 9aj paragraph. 1.



(3) the Czech National Bank establishes the significance of other system-system

significant institutions, at least one of the following criteria:



and the size of the institution) or group other systemically relevant institution



(b)) the importance of the institution or other systemically relevant institution of the group for the

the economy of the European Union or the Czech Republic,



(c)) the importance of cross-border activities of the institution or other systemically group

significant institutions, or



(d)), the interconnectedness of the institution or other systemically relevant institution group

with the financial system.



(4) the Czech National Bank may decide on the fixing of rates of capital

reserves for other systemically significant institution in the amount of 2% of the total

the volume of risk exposure according to the article. paragraph 92. 3 regulation of the European
Parliament and of the Council (EU) no 575/2013, taking into account system

the relevance of the institutions referred to in paragraph 3. The Czech National Bank in

determination of the rate takes into account the fact that the amount of rates had a negative impact

on the financial market as a whole or in part in other Member States

The European Union or the European Union, and not an obstacle to the functioning of the

of the single market. The Czech National Bank is reviewing a request to

capital reserve for another important institution at least systemically

Once a year.



(5) the Czech National Bank shall notify the intention to establish or change rate

capital reserves for another important institution the European system

the Commission, the European banking authority, the European Council for system

risks and to the competent authorities or to the designated authorities of the States concerned

not later than 1 month before the date of the decision referred to in paragraph 4.



(6) the notice referred to in paragraph 5 contains



and the capital reserve) rate for another major institution system



(b)) of the rates referred to in point (a)) in terms of its effectiveness and

the adequacy of and mitigate the risk of



(c) the likely) the assessment of the positive and negative impacts of the establishment of

capital reserves for other systemically important institution on the single

the market of the European Union on the basis of the information available to the Czech National Bank.



(7) if the other institution is systemically significant controlled by global

systemically significant institution or other systemically significant institutions,

that is the European controlling a credit institution and is required to maintain

capital reserve for another important institution on the system

consolidated basis then capital reserve for this other systemically

an important institution on an individual or subconsolidated basis

According to the article. 4 (4). 1 section 49 of the regulation the European Parliament and of the Council (EU)

No 575/2013 may not exceed the higher of the following values:



a) 1% of the total risk exposure according to the article. paragraph 92. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, or



b) capital reserves are calculated from the total risk exposure

According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.

575/2013 rate capital reserves for global system

a major institution or the rate of the capital reserves for another system

an important institution applied to a group on a consolidated basis.



§ 9at



(1) the Czech National Bank is reviewing the determination of the global system

major institutions and other systemically important institutions and inclusion

Global systemically important institutions in the category system

significance of once a year. The Czech National Bank on the outcome of the review

shall inform the concerned systemically relevant institutions, European Commission,

The European banking authority and the European systemic risk Council.



(2) the Czech National Bank publishes in a manner enabling remote access

the current list of institutions that have been identified as global system

relevant or as other systemically significant, and the category system

of significance, to which the global systemically important institutions

included.



§ 9au



(1) when issuing the measures of a general nature according to § 9ao, § 9al to 172 and section

paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the

The Czech National Bank in a manner enabling remote access. Measures

of a general nature shall enter into force on the date of publication. If the disclosure of

justification the measures of a general nature issued pursuant to section 9ao paragraph. 3 threaten

the stability of the financial system of the States concerned, the Czech National Bank

reasons not to publish.



(2) measures of a general nature against a given merchant can stock

the papers according to § 9aj paragraph. 1 submit a written reasoned objections within the time limit to

10 working days from the date of its notification. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or cancellation of the issued the measures of a general nature.



(3) the Czech National Bank will publish the final decision under section 9ao

paragraph. 3 in a manner enabling remote access. If the disclosure of

reasons for the decision would jeopardize the stability of the financial system of the concerned

States, the Czech National Bank to disclose reasons. ".



15. § 9b and 9 c, including the title shall be deleted.



16. In the introductory part of section 12 of the provisions, the word "papers", the words

"if he was not a Czech National Bank granted a derogation under article 87(3)(a). 7

Regulation of the European Parliament and of the Council (EU) no 575/2013 ".



17. In section 12a shall at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) the provision of trust, professional competence and experience of the members of the

the statutory authority, the members of the Management Board and the members of the supervisory authority

Merchant securities and



e) specialist competence and experience of the statutory body,

the Management Board and the supervisory authority as a whole, to ensure understanding

Merchant securities activities, including sufficient understanding of the

the main risks. ".



18. In section 12a paragraph. 2, after the words "be inserted after the word" effective "," and the word

"complexity" is inserted after the words "the risks associated with the model of business and".



19. In section 12a paragraph. 3, the word "papers", the words ", if

not a trader in securities referred to in section 8a, paragraph. 4 and 7.0 "and

the words "§ 9 (2). 2 "shall be replaced by the words" § 9a, paragraph. 4. "



20. In section 12a paragraph 3, the following paragraph 4 is added:



"(4) a securities dealer, who has the obligation under paragraph 3,

shall ensure that the controlled by him, which is not subject to the supervision of the Czech national

the Bank has implemented policies and procedures, management structure, and more

the procedures and mechanisms under section 12a paragraph. 1. This obligation may Czech

National Bank to grant an exception, if the securities dealer proves

the introduction of such policies, procedures, arrangements and mechanisms is not in

accordance with the legislation of the country of residence of the controlled person. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



21. In section 12b of paragraph 1. 3, the word "rate" shall be inserted the word "integrity," and

at the end of the text of paragraph 3, the words "in its whole and parts, and

zjednávat without undue delay the relevant remedy ".



22. In the introductory part of the provisions of section 12f for the word "provide" shall be

the words "if it is not regulated by directly applicable provision of the European

Union governing the prudential requirements, regulations or decisions

The European Commission ".



23. In section 12f at the end of subparagraph (c)) shall be replaced by a comma and dot is added

the letter d), which read:



"(d) the scope of jurisdiction), the composition and functioning of the organs and committees of the trader

securities, as well as requirements on their members. ".



24. the following sections are inserted after section 12f 12 g to 12j:



"section 12 g



(1) a securities dealer, which is significant in relation to its

the size, internal organisation, the nature, scope and complexity of their

activities, establish a



and risk Committee)



(b)), the Committee for the appointment of



(c) the remuneration Committee).



(2) a Committee for risk, the Nomination Committee and the remuneration Committee are

composed of non-executive members of the organs of the merchant securities.



(3) Implementing legislation lays down the criteria for the assessment of the relevance of the

a trader in securities referred to in paragraph 1.



§ 12



The Czech National Bank



and information on) uses the remuneration policy in accordance with the article. 450

Regulation of the European Parliament and of the Council (EU) no 575/2013 for comparison

the trends and practices of the remuneration,



(b)) keeps track of whether a securities dealer with regard to the nature,

the scope and complexity of their activities does not rely only on external credit

the guest in the assessment of the credit standing of entity, or a financial

Tools, for the purposes of this Act, means the financial instrument

According to the article. 4 (4). 1 point 50 of the regulation of the European Parliament and of the Council (EU)

No 575/2013



(c) monitor the extent of volume) of risk-weighted exposure amounts or capital

Merchant securities requirements, with the exception of the capital

requirements for operational risk, exposure, or for transactions in

comparative portfolio resulting from internal approaches the merchant

with securities; operating risk, for the purposes of this Act, means the

operational risk according to the article. 4 (4). 1, point 52 of the regulation of the European

Parliament and of the Council (EU) no 575/2013



(d) at least once a year) will evaluate the quality of the merchant's internal approaches

securities,



(e)) shall take corrective measures, if internal access leads to an underestimation of the

the capital requirements of the trader in securities that are not

the result of the existing differences in the positions or exposures; measures to

remedy for the internal objectives of access, preserves



(f)) monitors the developments in connection with liquidity risk profiles,



g) shall adopt the measures referred to in point (f), if the development) can lead to

the instability of the trader in securities or system instability,



h) uses the information on the diversity policy in accordance with the article.

435 European Parliament and Council Regulation (EU) no 575/2013 for comparison

policies supporting diversity of selection of the members of the statutory body,

members of the Management Board and the members of the supervisory body of the brokerage house

the papers.



section 12i
(1) a securities dealer shall establish procedures for its staff to

internal reporting of violations of, or threatened violation of this law,

legislation implementing it or directly applicable regulation

The European Union governing the prudential requirements through

a special, independent and a separate communication channel.



(2) the Czech National Bank will put in place an effective mechanism to report violations of

or threatened violation of this law, it law

implementing or directly applicable regulation in the European Union

governing the prudential requirements and information on

their website; This mechanism includes at least



and the procedures for reporting violations of) or impending violation of Czech national

the Bank and their evaluation of the Czech National Bank,



(b) the protection of the person) reports the infringement or threatened infringement; If

This is a worker of a trader with securities, the Czech National Bank and

a securities dealer shall ensure that at least the protection against discrimination

or other kinds of unfair treatment,



(c)), the protection of personal data of the person who reports the infringement or threatened

violation of or that is allegedly responsible for the infringement or threatened

violation of, unless disclosure is required by national law, in

connection with another investigation or subsequent legal proceedings.



(3) Implementing legislation lays down the requirements on procedures of the merchant with the

the securities referred to in paragraph 1, including ensuring the same level of protection,

as is required under paragraph 2 (a). (b)), and (c)).



(4) the internal reporting Procedures referred to in paragraph 1 may be established on the

the basis of the agreement with the social partners, through or with the

using channels of communication of these partners, while ensuring the same

extent of protection as is required by paragraph 2 (a). (b)), and (c)).



section 12j



A securities dealer may also adjust the power in the statutes

the general meeting of



and in the Treaty on) set the performance level of the function of the ratio between fixed and

variable component of remuneration higher than 100%, with the overall level of

the variable component shall not exceed, for any of the individual 200% fixed

the folder its total rewards, or



b) instruct the supervisory authority or the Management Board, if approved

contract for the execution of the function, set the level of the ratio between fixed and

variable component of remuneration higher than 100%, with the overall level of

the variable component shall not exceed, for any of the individual 200% fixed

his total remuneration folder. ".



25. In article 14, the following paragraph 6 to 11 shall be added:



"(6) the Administrative Council of the securities dealer must have at least 5 members,

being a member is a Director. Statutory Director

Merchant securities shall not be the Chairman of its Board of

of the Council; The Czech National Bank may, on the basis of a reasoned proposal

Merchant securities allow the concurrent performance of both functions, and

assess the effect of overlapping of functions on the regularity and performance activities

Merchant securities due to their nature, scope and

the complexity of and taking into account individual circumstances, in particular, to the



and the sufficiency of time for capacity) the obligations laid down and



(b)) the emergence of a potential conflict of interest.



(7) a securities dealer shall ensure that



and a member of the statutory body), a member of its Board of Directors and a member of his

the supervisory authority has been the person trusted enough by a competent

and experienced to understand the activities of the trader in securities, including

the main risks,



(b)) have been allocated sufficient human and financial resources for the continuous

the training of the members of the statutory body, the members of the Management Board and the

members of the supervisory body and the



(c)) was carried out the policy of supporting diversity in the selection of the members of the

the statutory authority, the members of the Management Board and the members of the supervisory authority.



(8) a member of the statutory body, the Administrative Council and the supervisory authority

throughout the performance of its functions



and) perform their duties properly, honestly and independently, and dedicated to the performance of this

its features enough time capacity,



(b) may at the same time hold function) in the bodies of other legal persons only

If it does not affect the sufficiency of time for filling capacity

duties in the authority, a trader with securities due to the nature of,

the scale and complexity of its activities and taking into account the individual

in the circumstances,



(c)) in a securities dealer, which is significant in relation to its

the size, internal organisation, the nature, scope and complexity of their

activities, not at the same time holding in the bodies of other legal

a wider range of persons than



1. the performance of one member of the Executive with two non-features

Member, or



2. the performance of the four functions of a non-member.



(9) the Czech National Bank may, on the basis of a reasoned proposal of the trader

securities to allow a member of the statutory body, Member of the Board

the Council or the Member of the Supervisory Board in the securities dealer that is

significant due to their size, internal organisation, the nature, scope

and the complexity of its activities, hold one another helping

a member of the authority, other legal persons, if it does not affect the proper performance of the

duties in the authority, a securities trader.



(10) for the purposes of the provisions of paragraph 8 (a). (c)) does not function

Member of the legal person, that is not predominantly hire and destinations, and

Furthermore, it is considered a performance the performance of the functions of the Executive and

a non-member in the framework of the



and the same group leader) trader with securities,



(b)) of the same institutional protection system according to the article. paragraph 113. 7

Regulation of the European Parliament and of the Council (EU) no 575/2013



(c)), in which the business of the Corporation is a securities dealer

qualified participation.



(11) a member of the Executive, for the purposes of this Act, means the Member of the authority,

that the merchant securities holds executive management function. ".



26. section 15s including the title shall be deleted.



27. In paragraph 15. 5, after the word "branch", the words "commercial

plant (hereinafter referred to as the "branch") ".



28. In section 16. 3 (b)) shall be deleted.



Former points (c) to (i))) shall become point (b)) to (h)).



29. In section 16. 3, letter e) shall be deleted.



Letters f) to (h)) are referred to as the letters e) to (g)).



30. In section 16. 4, the words "to c), (e)) and i)," are replaced by the words "(b)), (d)) and

g).“.



31. section 16a is inserted:



"§ 16a



(1) a securities dealer discloses basic information about yourself,

the composition of the shareholders, the consolidated Group structure, which is part of, and

on its activities and financial situation.



(2) a securities dealer, which are set out the obligations on

a consolidated basis in accordance with this law or by directly

the applicable regulation in the European Union relating to the prudential

requirements, will publish annually information about



and related relations between members) of the consolidated Group, including

information about the close link,



(b)) the management and control system in accordance with section 12 and section 12a paragraph. 1,



(c)) the management and control system of the consolidation unit pursuant to section 12a paragraph.

4, 5 and 6.



(3) a securities dealer fulfills the obligation referred to in paragraph 2 (i)

by posting the link to the place where such information is available.



(4) the Czech National Bank may provide less than the yearly periodicity

disclosure of information to traders in securities as part of the eighth

Regulation of the European Parliament and of the Council (EU) no 575/2013.



(5) a securities dealer shall publish in its annual report among the

key indicators of return on its assets, expressed as a percentage of

the net profit and the total balance sheet.



(6) a securities dealer discloses information about compliance

requirements for the management and control system, on its Internet

pages.



(7) a securities dealer shall ensure that the auditor has verified the ^ 6)

released data on capital, capital requirements and financial

indicators a trader with securities.



(8) detailed legal prescription



and the extent of the data) intended to publish in accordance with paragraphs 1 to 3,

as well as form, the way the structure and limits the disclosure of the data, and

the periodicity of the publication of the information referred to in paragraph 1,



(b)) may set the periodicity of the provided for in paragraph 4, the corresponding deadlines, and

method of disclosure of information,



(c)) provides for a range of data intended for public disclosure referred to in paragraph 6, as well as

and the form, manner, structure, periodicity and deadlines of publishing data,



(d) the scope of the data verified) establishes the statutory auditor or the audit

companies referred to in paragraph 7. ".



Footnote 5 is deleted.



32. In article 16a shall be inserted after paragraph 4, a new paragraph 5 and 6 are added:



"(5) a securities dealer shall publish annually in the immediate

the previous accounting period with a resolution by each Member

States of the European Union and the States which are not Member States of the European

the Union, which is controlled by the person or a branch,



and enumeration of activities) and their geographical location,



(b))



(c) the number of staff) calculated on full-time staff equivalents

working time,



d) the profit or loss before tax,
e) corporate income tax or a similar tax paid abroad

or loss,



(f) public aid).



(6) the information referred to in paragraph 5 shall be published in the annex to the annual accounts

or if he shall draw up the consolidated financial statements, in

the annex to the consolidated accounts. ".



Paragraphs 5 to 8 shall be renumbered as paragraphs 7 to 10.



33. In section 16a is added at the end of paragraph 9, the phrase "in the context of its Auditor

the audit work also verifies the information referred to in paragraph 5. ".



34. In section 16a, paragraph. 10 (a). (c)), the number "6" is replaced by "8" and section

16A, paragraph. 10 (a). (d)), the number "7" shall be replaced by the number "9".



35. in section 16 c shall be inserted a new section 16d and 16e:



"§ 16d



If the Czech National Bank decided pursuant to article. 7. 3 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

foreseen material practical or legal impediment to the prompt

transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 7

paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person in the State, which is not

Member State of the European Union,



c) collectively for the Czech Republic



1. the total amount of own funds on a consolidated basis of persons controlling

using the option provided for in article. 7. 3 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a State that is not a Member State of the European Union,



2. the percentage of the total capital of persons controlling the

consolidated basis using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons in a State which is not a Member State of the European

of the Union,



3. the percentage of the total capital of persons controlling under article.

92 of the European Parliament and of the Council (EU) no 575/2013

consolidated basis, using the option provided for in article. 7. 3

Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held

in the controlled persons in a State which is not a Member State of the European

the Union.



§ 16e



If the Czech National Bank decided pursuant to article. 9 (2). 1 of regulation

The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner

enabling remote access



and the criteria that apply) to determine whether there are, or

do not foresee any material practical or legal impediment to

immediate transfer of own funds or repayment of liabilities,



(b) the number of persons controlling), which make use of the option provided for in article. 9

paragraph. 1 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of

controlling persons, which include the controlled person in the State, which is not

Member State of the European Union,



c) collectively for the Czech Republic



1. the total amount of own funds of persons controlling using options

laid down in article. 9 (2). 1 regulation of the European Parliament and of the Council (EU) No.

575/2013, which are held in subsidiaries in a State which is not

Member State of the European Union,



2. the percentage of the total capital of the controlled persons

using the option provided for in article. 9 (2). 1 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a State that is not a Member State of the European Union,



3. percentage of total capital according to the article. 92 the regulation

The European Parliament and of the Council (EU) no 575/2013 persons controlling

using the option provided for in article. 9 (2). 1 regulation of the European

Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities

in a State that is not a Member State of the European Union. ".



36. In section 24a, paragraph. 1, after the words "a branch trader with securities"

the words "which has authorisation to provide investment services

According to the section 4, paragraph 4. 2 (a). (c)) or under section 4 (4). 2 (a). (g)), "and the word

"the State," shall be inserted after the words "which has authorisation for the provision of

investment trading services with investment instruments on its own account

or subscription or placement of investment instruments with a commitment to their

underwriting. "



37. In section 24a, paragraph. 2 the second sentence, the word ")" is replaced by "q"),

the word "r)" shall be replaced by the word "u)" and at the end of the text of the second sentence, the

the words "shall be added; authority exercising supervision on a consolidated

the basis for the purposes of this Act, means the authority supervising the

consolidated basis pursuant to article. 4 (4). 1, point 41 of regulation of the European

Parliament and of the Council (EU) no 575/2013 ".



38. In section 24a, paragraph. 4 the second sentence, the words "in the last 7 days before

the expiry of the Czech National Bank can apply for settlement

the dispute, the European banking authority ^ 35) "shall be replaced by the words" United

the National Bank will decide on the designation of a branch of a foreign merchant

securities for major within 4 months from the date of this plan

inform the supervisory authority referred to in paragraph 2, or in the same time period

This authority shall be notified that from this intention giving way ".



Footnote No. 35 is deleted.



39. In section 24a shall be added at the end of paragraph 4, the phrase "take into account

the opinion of this body. ".



40. In section 24a, paragraphs 5 and 6 shall be deleted.



The present paragraph 7 shall become paragraph 5.



41. In section 24a, the following paragraph 6 is added:



"(6) the Czech National Bank can turn to the European authority for the

banking and ask it to settle the dispute by directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

the banking, if the



and supervisory) authority referred to in paragraph 2 does not consult with the Czech national

the Bank plan to restore liquidity to the foreign brokerage house

the papers, which acts on the territory of the Czech Republic through a significant

Branch, or



(b)), the Czech National Bank does not agree with the plan submitted to the restore

liquidity. ".



42. In section 24b, paragraph. 2 the first sentence, after the words "and (d))", the words ",

the results of the process of the review and evaluation referred to in § 135b, provide them with the

the risk assessment report group under section 152b, paragraph. 2 "and the words" § 152

paragraph. 1 (a). (c)) "shall be replaced by" section 152a, paragraph. 1 (a). (c)) ".



43. In section 24b is at the end of paragraph 2 the following sentence "the Czech National Bank

further, shall notify the supervisory authorities of the host State of the decision on the measures to

the remedy which the trader with securities, if the decision is

significant for this Office. ".



44. In section 24b, paragraph. 4 second sentence of the number "7" is replaced by "8".



45. In section 24b, the following paragraph 6 is added:



"(6) where the securities dealer carries out the activity on the territory of another

the Member State shall consult the relevant branches, through the Czech

the National Bank with the supervisory authority of the Member State of a plan to restore the

liquidity of the securities trader, provided that there is a risk

liquidity, which could have a significant impact on the currency of the host

State. ".



46. In section 26, paragraph. 5 provisions of the introductory part, the words "the European Committee

banking supervisors "is replaced by" the European authority for the

banking ".



47. In section 26, paragraph. 5 (a). and the word "), in accordance with", the words "their

job duties and ".



48. section 27 including the title:



the "section 27



Cooperation between the supervisory authorities of the Member States of the European Union



(1) in the course of supervision, the Czech National Bank cooperates with the authorities

the surveillance of other European Union Member States, in particular those on which

the territory has a securities dealer or branch in the territory has

the seat of foreign securities dealer that provides services in

The Czech Republic through a branch.



(2) the Czech National Bank provides the supervisory authorities referred to in paragraph 1

all the information about the merchant shares with the Securities and

the management of this trader in securities or foreign merchant

securities account service in the Czech Republic through the

the branch, which may make it easier to protect financial stability, supervision of

or a review of the conditions for issuing a licence or permit.

The Czech National Bank also provides all the information that can

to facilitate the supervision of the trader in securities or foreign

securities dealer providing services in the Czech Republic

through the branches, in particular information about liquidity, cash

skills, capital ratios, restrictions on large exposures and other

factors that may affect the degree of systemic risk

represented by a trader with securities, administrative and accounting

procedures and internal control mechanisms.



(3) in pursuance of the cooperation referred to in paragraph 1 may, Czech National Bank

ask the supervisory authorities of other Member States of the European Union for information

referred to in paragraph 2.



(4) the Czech National Bank may inform the European

banking, if the supervisory authority of another Member State of the European Union

rejects the request of the Czech National Bank about collaboration, in particular on the provision of
information, or does not provide the requested information within a reasonable time. ".



49. In section 27, paragraph 3, the following new paragraphs 4 to 6 shall be added:



"(4) the Czech National Bank shall immediately provide the supervisory authority of another

the Member State of the European Union, on whose territory provides the merchant with the

securities services through branches, all information

related to the supervision of compliance with the requirements concerning the

liquidity by the sixth section of the regulation of the European Parliament and of the Council (EU)

No 575/2013 or regulation implementing it, and with the supervision of the

consolidated basis as part of the tenth of this law, if they are

This information is important for ensuring the protection of the common interests of the clients

or investors, the securities dealer or financial stability in the

This member State. The Czech National Bank shall immediately inform the

the competent supervisory authority, if it is threatened by the liquidity of the merchant with the

securities, or if there is reasonable suspicion that liquidity will be compromised

Merchant securities. In this case the Czech national

Bank to the competent supervisory authority for information about a plan to restore the

liquidity, the manner of its implementation and measures in this

connection accepted. The Czech National Bank shall, at the request of the supervisory authority

another Member State of the European Union, on whose territory provides

securities dealer services through its branch offices, as

taking into account the information received from it.



(5) if the liquidity of the foreign merchant in securities,

which provides services in the Czech Republic through its affiliates and

supervisory authority of the home State has not taken the necessary measures, the Czech

the National Bank may, after prior information of the supervisory authority and the

The European banking authority take measures to ensure

protection of the common interests of clients or investors, brokerage house

papers or financial stability in the Czech Republic.



(6) the Czech National Bank can turn to the European authority for the

banking and ask it to settle the dispute by directly applicable

Regulation of the European Union relating to the supervision of financial markets in the

the banking, if you do not agree with the measures adopted by the authority

supervision of another Member State of the European Union, on whose territory the trader

Securities provides services through a branch. ".



The current paragraph 4 shall become paragraph 7.



50. In section 28 paragraph. 2 (a). (h)), the word "section 9" shall be replaced by the words "directly

the applicable regulation in the European Union relating to the prudential

the requirements ".



51. In section 28 paragraph. 7 (b). and the word "), section 9" shall be replaced by the words "directly

the applicable regulation in the European Union relating to the prudential

the requirements ".



52. In section 135, paragraph 4 shall be deleted.



53. In section 135a is inserted after paragraph 3 a new paragraph 4 to 9, which

including a footnote No. 45:



"(4) the Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of colleges in

the framework of the European system of financial supervisors ^ 45n).



(5) the Czech National Bank, in the exercise of its jurisdiction under this

law and regulation directly applicable European Union legislation

prudential requirements involved in the activities of the European authority for the

banking.



(6) the Czech National Bank in the exercise of its jurisdiction under this Act, and

According to the regulation directly applicable European Union legislation

prudential requirements shall take into account the convergence of tools and procedures

banking supervision that are used in the Member States of the European Union;

based on the guidelines, recommendations, standards, and other measures

adopted by the European banking authority, unless the reasons for

they do not do so.



(7) the Czech National Bank may require the regular provision of information

necessary for the performance of its responsibilities and for statistical purposes from



and securities trader),



(b)) the financial holding of the person,



(c)) mixed financial holding of the person,



(d) the holding of the person)



e) persons belonging to the persons referred to in points (a) to (d))),



(f)) of the person that was the persons referred to in points (a) to (d))) responsible for

the performance of the activities.



(8) the Czech National Bank may carry out checks on the persons referred to in

paragraph 7, if it is necessary for the exercise of its competence; for this

the purpose of the may



and require the submission of documents)



(b)) to examine the books and records and to make copies of and extracts from them,



(c)) obtain written or oral explanations from the persons referred to in paragraph

7, their representatives and workers,



(d)) to obtain oral explanations from persons other than is set out in paragraph 7 of the

under the terms of that consent.



(9) the Czech National Bank may carry out checks on the spot for persons referred to

in paragraph 7, and all persons subject to supervision on a consolidated

basis, if the supervisory authority concerned shall inform in advance.



Article 45). 6 of the directive of the European Parliament and of the Council no 2013/36/EU ".



Paragraphs 4 to 10 shall be renumbered as paragraphs 10 to 16.



54. In section 135a paragraph. 13 is the number "4" is replaced by "10".



55. In the second subparagraph of section 135a. 14 is the number "7" shall be replaced by "13".



56. the footnote No. 38:



"Article 38). 50 and 117 directive of the European Parliament and of the Council of 13/36/EU ".



57. In section 135a is inserted after paragraph 3 of the new paragraphs 4 and 5, which

added:



"(4) the Czech National Bank may carry out checks on the spot and require the

information on the activities that foreign securities dealer

exercises on the territory of the Czech Republic through a branch, if it

considers it important from the viewpoint of financial stability in the Czech Republic.

The Czech National Bank before inspections inform the authority of the

the supervision of the State concerned for the purpose of the inspection and after its completion will provide

supervisory authority with all information which is relevant for the assessment of

the riskiness of the securities dealer, or for financial stability in the

The Czech Republic.



(5) the Czech National Bank in exercising supervision over the securities dealer

the papers, which provides services in the territory of another Member State of the European

the Union through a branch, taking into account when drawing up the plan

surveillance investigation under section 135d the information obtained by the supervisory authority

that Member State through the control on the spot. ".



Paragraphs 4 to 16 are renumbered 6 to 18.



58. In section 135a paragraph. 10 the introductory part of the provisions of subparagraphs (a) and (c)), and (d))

the number "7" shall be replaced by the number "9".



59. In the second subparagraph of section 135a. 11 is the number "7" shall be replaced by the number "9".



60. In the second subparagraph of section 135a. 15 the number "4" is replaced by "12".



61. In the second subparagraph of section 135a. 16 is the number "7" is replaced by "15".



62. under section 135a is inserted after section 135e 135b until, including title and

footnote No 46:



"§ 135b



The process of review and evaluation



(1) in the exercise of supervision over the activities of a trader with securities, which

It is not a Bank, the Czech National Bank also examines and evaluates whether

the arrangements, strategies, processes and mechanisms implemented by the dealer

securities for the purpose of compliance with the requirements laid down in section 9a to 9au, §

12 g to 12j, section 14, paragraph. 6 to 10, section 16a, 16d, 16e, paragraph 27, section 135a. 4, 5

and 9, § 135b, 135 c, 135d, § 136 paragraph. 2, 5 and 7, § 136a, 150 to 156,

directly applicable EU regulation governing the prudential

requirements, regulations or decisions of the European Commission, capital and

the liquidity of the securities dealer shall ensure safe and reliable

operation of a securities dealer and the proper management and risk coverage. Czech

the National Bank always evaluates risks to which the securities dealer

the paperwork is or may be exposed to risks that may merchant

the securities constitute for the financial market with a view to identifying and

measuring systemic risk, according to the article. 23 of the regulation of the European Parliament and

The Council (EU) no 1093/2010 or the recommendation of the European Council for system

risks and risk exposed stress tests.



(2) the Czech National Bank carries out a review and evaluation of the frequency and

the intensity of a reasonable size, significance and position of brokerage house

papers on the financial market and the nature, scale and complexity of its

activities at least once a year, and in the scope of the requirements

set by the trader in securities referred to in the first part of the title of the second

Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or

decision of the European Commission. In the case of the Czech National Bank shall refrain from

requirements on a consolidated basis pursuant to article. 14 regulation of the European

Parliament and of the Council (EU) no 575/2013, shall proceed pursuant to this paragraph in

exercising supervision over the securities dealer on an individual

basis.



(3) the Czech National Bank shall review and evaluate the credit, market and

operational risk; the review and evaluation shall be aimed for at least

on



and the results of stress tests carried out) by the dealer with the securities

According to the article. 177 of the regulation the European Parliament and of the Council (EU) no 575/2013

When using the internal ratings-based approach,
(b) exposure to a concentration of the risk), and his management of the securities dealer

the papers, including the compliance with the requirements referred to in part four of the regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

The European Commission,



(c) the appropriateness, effectiveness and) resilience of the policies and procedures for the management of the residual

the risks associated with the use of the eligible credit reduction techniques

the risks to which means of credit risk mitigation in accordance with article. 4 (4). 1

section 57 of the European Parliament and of the Council (EU) no 575/2013

the accuracy of their application,



(d)) the rate at which capital maintained by a securities dealer to

the assets, which corresponds to the economic sekuritizovala, the essence of the

the transaction, including the degree of risk transfer achieved



e) exposure of a trader of securities liquidity risk measurement and

liquidity risk management, including the development of analyses of alternative

scenarios, management of the risk factors and the effectiveness of the contingency

plans,



(f) the effects of risk-spreading and) how are these effects included

in the risk-measurement system,



(g) the results of the stress tests carried out) by the dealer with the securities

When using an internal model for the calculation of the capital requirement for

market risk as part of the third title of the fourth chapter of the fifth regulation

The European Parliament and of the Council (EU) no 575/2013



h) geographic location of exposures of a trader with securities,



I) business model a trader with securities,



j) assessment of systemic risk.



(4) the Czech National Bank also examines and evaluates the



and) overall liquidity risk management of securities trader; in doing so,

promotes the development of sound internal methodologies and take into account the position of the

a trader with securities on the financial markets and duly into account in the

the decisions taken following the review and evaluation of possible

impact on the stability of the financial system in all other

the Member States of the European Union,



(b)) a securities trader exposure to interest rate risk

investment portfolio, for the purposes of this Act, means the

the portfolio, which includes tools that are not included in the

the business portfolio; If as a result of sudden and unexpected changes

interest rates of more than 2 percentage points, or about the value laid down in

guidelines of the European banking authority decreased

the economic value of the trader in securities by more than 20%

the capital of the Czech National Bank, saves the corresponding corrective measures,



(c)) the trader with securities against the risk of excess leverage,

which, for the purposes of this Act, means the lever according to the article. 4 (4). 1 point

93 European Parliament and Council Regulation (EU) no 575/2013, and which is

identified on the basis of indicators of excessive leverage, including leveraging the

the ratio determined in accordance with article 429 of the European Parliament and of the Council

(EU) no 575/2013, regulation or decision of the European Commission; When

evaluation of the adequacy of the leverage ratio and in the evaluation of

the arrangements, strategies, processes and mechanisms implemented by the dealer with

securities for the management of the risks of excessive leverage, which for the purposes of

This Act means the risk of excessive lever according to the article. 4 (4). 1, point 94

Regulation of the European Parliament and of the Council (EU) no 575/2013, shall take into account the Czech

the National Bank to the merchant's business model in securities,



(d)) the management and control system trader with securities, corporate

culture and competence of the members of the statutory body, the members of the Management Board and the

members of the supervisory authority to carry out their duties; review and

evaluation of the Czech National Bank may require the dealer to

securities, the agenda of the statutory body, the Administrative Council and

the supervisory authority and its committees, including the related underlying

documents and the results of internal and external evaluation of the activities of the

the statutory authority, the Management Board and the supervisory authority.



(5) the Czech National Bank also examines and evaluates,



and) whether the securities dealer has provided implicit support to a securitisation,

that means a securitisation according to article. 4 (4). 1, point 61 of regulation

The European Parliament and of the Council (EU) no 575/2013; If it finds that the trader

securities provided the underlying support of the securitisation in more than

in one case, take the appropriate measures to reflect the risk that

a securities dealer in the future will provide support to their

securitisation



(b) value adjustments) whether the positions or the portfolios in the trading book referred to in

article. 105 European Parliament and Council Regulation (EU) no 575/2013

Regulation or decision of the European Commission will allow a trader with securities

papers sell or short term to ensure their position without a

normal market conditions a significant loss; trading books for

the purposes of this Act, means the trading book referred to in article. 4 (4). 1 point

86 European Parliament and Council Regulation (EU) no 575/2013.



section 135 c



(1) where the Czech National Bank in the performance review and evaluation

According to § 135b, that more securities traders is or could be

exposed to similar risks, or represents a similar risk for financial

the market, shall be authorised to carry out the review and evaluation of the species-groups

the specified securities traders in the same or in a similar manner.

A group of generically designated securities dealers with similar

risk profile can be determined in particular on the basis of the assessment system

risks pursuant to § 135b paragraph. 3 (b). (j)).



(2) to support the process of the review and evaluation referred to in § 135b performs

The Czech National Bank stress tests at least annually with the merchants

securities. The result of the stress tests may, Czech National Bank

publish.



(3) the Czech National Bank regularly at least once every 3 years to review

compliance with the conditions under which a dealer in securities

enabled the use of internal approaches. It focuses in particular on the

the quality and timeliness of the used methods and procedures, changes in activity

Merchant securities and on the use of internal approaches for new

of the products.



(4) the Czech National Bank will take into account in the review of the conditions under which it was

Merchant securities allowed the use of internal approaches

General guidelines the European banking authority.



§ 135d



(1) in accordance with the Czech National Bank supervisory investigation plan,

that is compiled at least once a year, taking into account the results of the

the process of the review and evaluation referred to in § 135b.



(2) the Czech National Bank shall draw up a plan for the surveillance of the investigation referred to in paragraph

1 so that it did not prevent supervisory authority of another Member State of the European Union

in performing the checks on the spot in a branch office of the trader in securities,

which carries out its activity on the territory of that Member State.



(3) the plan surveillance investigation, Czech National Bank includes



and) list of securities traders, who are to be the subject of

increased supervision in the wake of the measures referred to in paragraph 4,



(b)) plan on the spot checks in the business offices of brokerage house

the papers, including its subsidiaries and controlled by persons established in other

the Member States of the European Union,



(c) information on the way) performance of the tasks and the allocation of

resources on their security,



(d)) the list of securities traders, for whom the results of the ballast

the tests referred to in § and § 135b 135 c of paragraph 1. 2 or the result of the review process and

the evaluation pursuant to § 135b suggest important risks for the financial

health or the violation of the requirements provided for in this law, the legal

that it is carried out by decision issued under this Act,

measures of a general nature issued pursuant to this Act, directly applicable

the EU regulation governing the prudential requirements, regulation

or a decision of the European Commission,



(e)) the list of securities dealers, who represent the system

the risk for the financial market



(f)) list of other traders in securities, for which the Czech

National Bank deems it necessary.



(4) the Czech National Bank shall, in following up on the results of the review and

the evaluation pursuant to § 135b, if it is necessary, in particular, the following measures:



and) increase the number of inspections on the spot for the trader with securities,



(b) to ensure a permanent presence of the representative), the Czech National Bank in

Merchant securities,



(c) require the submission of additional) or more frequent information dealer

securities,



(d) additional or more frequent) to perform a review of operational, strategic

or business plans, a trader with securities,



(e)) to carry out checks on the monitoring of selected risks, which would

securities dealer could be exposed.



section 135e



(1) a securities dealer is required to develop and regularly

update the financial recovery plan in the event of a serious deterioration in their financial

the situation. If the Czech National Bank, taking into account the size of

Merchant securities, its business model or connectedness with

other institutions or with the financial market as a whole, provides that

the deterioration of the financial situation of the securities trader will not have

an adverse impact on the financial market, institutions, or other conditions
financing, securities dealer shall establish, with the approval of the Czech

National Bank financial recovery plan in a reasonable range.



(2) the Czech National Bank is obliged to draw up and regularly update

solving plan of a trader with securities, which provides

options for solutions to crisis situation a trader with securities. If

The Czech National Bank, taking into account the size of the brokerage house

the papers, his business model or connectedness with other institutions

or with the financial market as a whole, provides that any bankruptcy

Merchant securities will not have an adverse impact on the financial

the market, other institutions or financing conditions, develop a plan solution

problems of the trader in securities within a reasonable range.



(3) a securities dealer is required to provide the Czech national

the Bank for the purpose of preparing the plan solving brokerage house

the papers referred to in paragraph 2, all necessary information to the extent reasonably

its size, its business model or connectedness with other

institutions or with the financial market as a whole.



(4) the Czech National Bank cooperates with the European authority for the

banking ^ 46) in the preparation of plans for solving the problems of traders with

securities. Inform the European banking authority of the preparation

health plans and plans for solving the problems of securities dealers,

in particular, it shall inform in advance the time and place

the negotiations and the main points discussed. The Czech National Bank will allow

the participation of the representative of the European banking authority at the hearing.



Article 46). 25 European Parliament and Council Regulation (EU) no 1093/2010 from

24 September. November 2010 establishing a European supervisory authority (European

banking authority), amending Decision No 716/2009/EC and repealing

Commission decision 2009/78/EC ".



63. In § 136 paragraph. 2, introductory part the provisions of:



"Czech national bankamůže merchant securities, which does not meet the

obligation under this law, the law implementing it,

decision issued under this Act, a measure of a general nature

issued pursuant to this Act, a directly applicable regulation in the European Union

governing the prudential requirements, regulations or decisions

The European Commission or in following up on the results of the review and evaluation of the

According to § 135b measures to remedy save also. "



64. In § 136 paragraph. 2 letters) and (b)):



"and the capital above the minimum) to maintain the level of capital requirements according to the

article. 92 of the European Parliament and of the Council (EU) no 575/2013 and

the capital reserve requirements under this Act,



(b)) to improve the arrangements, strategies, processes, and other mechanisms, so that the

restore or strengthen their compliance with this law, the law of the

implementing this law, the decision issued under this Act,

directly applicable EU regulation governing the prudential

the requirements of the regulation or the decision of the European Commission ".



65. In § 136 paragraph. 2 (a). (c)), the words "to adopt more stringent rules"

replaced by the words "to apply specific policies and procedures".



66. In § 136 paragraph. 2 the letter g) and (h)), including footnotes, No 28

shall be deleted.



The present letter i) is renumbered as paragraph (g)).



67. In § 136 paragraph. 2 (a). (g)), after the word "priority", the words "to the

the replenishment of reserves or ".



68. In section 136 is at the end of paragraph 2, the period is replaced by a comma and the following

the letters h) to q) are added:



"(h)) to submit a plan to restore compliance with the requirements of the Czech National Bank

under this Act, and directly applicable European Union regulation

governing the prudential requirements and implement it in a specified

the term,



I) restrict the distribution of profit or distribute profits to shareholders or holders of

additional tier 1 tools; If this ban does not constitute a failure to comply with

the commitments of that person,



j) restrict, terminate, or take some trades, operations, or

the activity, which means excessive risk to the merchant's House

papers,



k) within the prescribed period to the amount of the capital increase, if not maintained

the combined capital reserve under section 9aa of paragraph 1. 1, and the Czech national

the Bank did not approve the plan to restore the capital



l) within the prescribed period to remove the lack of activities and refrain from his

repetition,



m) additional or more frequent reporting, including information about

the capital and liquidity positions,



n) special liquidity requirements, including limiting the maturity mismatch

assets and liabilities, taking into account the specific business model

Merchant securities, to the arrangements, processes and mechanisms

Merchant securities, in particular pursuant to section 12a paragraph. 1 (a). (b)) and to the

systemic liquidity risk that threatens the unity of the financial market

The Czech Republic,



for additional disclosure of information)



p) more stringent restrictions on the distribution of profits than under section 9aa of paragraph 1. 4 If the

The Czech National Bank approved a plan to restore the capital



q) other appropriate measures to remedy the situation. ".



69. In § 136 paragraph. 2 the following new letters q) and r) are added:



"q) raise capital within the prescribed period to the specified amount if not maintained

the combined capital reserve pursuant to section 9aj paragraph. 1, and the Czech national

the Bank did not approve the plan to restore the capital



r) more stringent restrictions than the distribution of profits in accordance with § 9aj paragraph. 4 If the

The Czech National Bank approved a plan to restore the capital ".



Letter q) is referred to as the letter s).



70. In section 136, the following paragraphs 5 to 7 shall be added:



"(5) the Czech National Bank may impose the measures referred to in paragraph 2 (a).

and), especially if



and the arrangement of the deficiencies), strategies, procedures, or other

mechanisms of management and control system governed by this law,

It is carrying out the law, non-compliance with requirements under article. 393

Regulation of the European Parliament and of the Council (EU) no 575/2013 or shortcomings

in strategies or practices pursuant to § 9a, paragraph. 1, or in their

application of; it applies under the conditions laid down in section 152b, paragraph. 1 and 2

Similarly, for a foreign trader in securities [section 151 (1)

(a). (b))], which is a member of the Steering Group of the European merchant with the

securities [section 151 (1) (a). q)], a member of the Group of the European

the financial holding of the person [section 151 (1) (a). u)] or a member of a group

the European Bank's controlling shareholder pursuant to the law governing the activity of the bank, over the

the Czech National Bank which shall exercise supervision on a consolidated basis,

in this case, you can request a capital increase over the level of

provided for by foreign legislation,



(b)), to the risks or the risk elements not subject to the capital requirements

modified in this law or directly applicable rules of the European Union

governing the prudential requirements



(c)) the imposition of other measures appear insufficient to redress

within a reasonable time,



(d)), it is likely that the failure to comply with the requirements regarding the use of

the corresponding access will result in lack of capital

requirements,



(e)), it is likely that, as with the requirements provided for in this

law or regulation directly applicable European Union legislation

prudential requirements, risks will be underestimated,



(f)), the Bank shall notify the Czech National Bank according to the article. 377, paragraph. 5 of the regulation

The European Parliament and of the Council (EU) no 575/2013, that the results of the stress

the tests indicate the need for capital, which significantly exceeds its

the capital requirement for covering trading portfolio with correlation.



(6) the Czech National Bank can a person subject to its supervision, which

received approval to use internal access or internal model to calculate the

capital requirements under part III of the regulation of the European Parliament

and of the Council (EU) no 575/2013, but does not meet the requirements for its use,



and save to) demonstrate that non-compliance with the requirements for internal access

or the internal model is irrelevant,



(b)), to submit a plan to save to restore compliance with the requirements of the

internal access or internal model and a deadline for its implementation,



(c)), to carry out the adjustment to save a plan to restore compliance with the requirements of the

internal access or internal model and set a deadline for the implementation of

These adjustments, if unlikely, that according to the original plan will be

achieved full compliance, or the period referred to in the original plan are

inappropriate,



(d) restrict the approval on the field), that meet the requirements, or for

which can be used to achieve compliance within the time limit,



(e) to withdraw consent to the use of) internal access or internal

the model, if it is unlikely that the securities dealer will be

able to restore consistency within the relevant deadline or did not demonstrate that the

the discrepancy is minor, or



(f) revoke the consent to the use of) the internal market risk model or

Save the appropriate measures to ensure his immediate improvement if u

internal model suggests a large number of overrun referred to in the article. 366

Regulation of the European Parliament and of the Council (EU) no 575/2013, that model is not

sufficiently precise,



g) save other appropriate measures.



(7) the Czech National Bank can save to a natural person or a legal person
not subject to its supervision, which fails to comply with an obligation imposed by this

by law, the law implementing the decision issued by it under

This law, directly applicable EU regulation governing the

prudential requirements or regulation, or by a decision of the European

the Commission to refrain from such infringement and its

recurrence; The Czech National Bank can further



and) suspend the voting rights of the shareholders or shareholders

responsible for the infringement,



(b)) to temporarily disable a member of the statutory body, the Administrative Board or supervisory

the Council of the trader in securities or other responsible individual

the performance features in trader in securities or the exercise of a function in the

Foreign trader in securities,



(c) to publish information about it), that person is responsible for the unlawful

the negotiations and what is its nature. "



71. Section 136 § 136a shall be inserted, as follows:



"§ 136a



(1) the Czech National Bank may impose corrective measures under section 136

paragraph. 2 (a). 5 to 7 also, if he has reasonable grounds for believing that

the lack of activity in May during the following 12 months.



(2) the Czech National Bank without undue delay shall publish the final

the decision on the imposition of corrective measures in a manner enabling remote

access.



(3) the Czech National Bank shall publish the decision without putting the identification

information about the person that was the corrective measures imposed if the

the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(4) the decision referred to in paragraph 2 or 3, shall be published at least once

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

data. ".



72. In section 137, paragraph 2, the following paragraph 3 is added:



"(3) the Czech National Bank will issue measures of a general nature, if they are filled with

the conditions laid down in article. 458 of regulation the European Parliament and of the Council (EU)

No 575/2013. ".



Paragraphs 3 to 7 shall be renumbered as paragraphs 4 to 8.



73. In section 146 shall be added to paragraph 1:



"(1) the supervision of the foreign person, has its registered office in another Member

State of the European Union, is authorised by the supervisory authority of the State to

the provision of investment services and provides investment services in Czech

the Republic through a branch or the branch carries out without location

the supervisory authority of the home State. ".



Paragraphs 1 to 6 shall be renumbered as paragraphs 2 to 7.



74. In § 146 paragraph. 4 with the number "1" is replaced by "2" and the number "2"

replaced by the number "3".



75. In § 146 paragraph. 6 is the number "4" is replaced by "5".



76. In § 146 paragraph. 7, the number "5" shall be replaced by the number "6".



77. In section 149d paragraph. 1 the words "§ 146 paragraph. 3 to 6 "shall be replaced by the words" §

146 paragraph. 4 to 7 ".



78. In paragraph 149d. 2 the words "§ 146 paragraph. 3 to 6 "shall be replaced by the words" §

146 paragraph. 4 to 7 ".



79. In § 151 paragraph 1 reads:



"(1) for the purposes of this Act, means the



and the consolidation of the Steering Group) total brokerage house

the papers of the Steering Group of the foreign merchant in securities,

a group of foreign banks, the group controlling the financial holding of the person

or group of persons, the joint holding consolidation all

at least two persons,



(b)) foreign securities trader a person based in the

abroad, which is in the country of its location shall be entitled to provide investment

services and is not a foreign bank,



(c)) controlling the securities dealer securities dealer,

that is not a Bank, which is controlled by a person or an associated merchant

with securities, foreign securities dealer, Bank,

the Credit Union, a financial institution or ancillary services undertaking



(d)) financial holding the person the person referred to in article. 4 (4). 1, point 20

Regulation of the European Parliament and of the Council (EU) no 575/2013



(e)) mixed-activity holding the person the person referred to in article. 4 (4). 1, point 22

Regulation of the European Parliament and of the Council (EU) no 575/2013



(f)) mixed financial holding the person the person referred to in article. 4 (4). 1 point

21 of the European Parliament and Council Regulation (EU) no 575/2013



(g)) the group leader merchant securities group formed by

controlling the trader with securities, controlled by it and the associated

persons, institutions, financial institutions or undertaking

ancillary services,



h) Group of financial holding group formed by persons of the financial

holding a person and she controlled and associated persons that are

institutions, financial institutions or ancillary services,



I) a group of mixed-activity holding persons group formed by the joint

holding a person and she controlled and associated persons that are

institutions, financial institutions or ancillary services,



j) associated with the person the person referred to in article. 4 (4). 1, point 35 of the regulation

The European Parliament and of the Council (EU) no 575/2013



k) financial institution a financial institution referred to in article. 4 (4). 1, point 26

Regulation of the European Parliament and of the Council (EU) no 575/2013



l) foreign controlling the trader with securities of foreign

a securities dealer, which controls at least one trader with

securities, which is not a Bank,



m) of the Steering Group of the foreign trader in securities

the group formed by a foreign securities dealer controlling and

It controlled entities and associated persons, institutions,

financial institutions or ancillary services,



n) foreign controlling Bank foreign bank with head offices in other than

Member State of the European Union, which controls at least one trader with

securities, which is not a Bank,



a group of foreign banks) of the controlling group formed by foreign

controlling the Bank, and she controlled and associated persons,



p) domestic securities dealer controlling the controlling

a securities dealer that is not controlled by another

a dealer in securities, a Bank, a financial holding the person or

mixed financial holding person with a registered office in the Czech Republic,



q) European securities dealer controlling the controlling

a securities dealer or a foreign controlling merchant

the securities, which have been granted permissions to perform activities in the

Member State of the European Union, and that is not controlled by another dealer

securities, a bank or a foreign securities dealer,

that has been granted permissions to perform activities in any Member

State of the European Union, nor is it controlled by a financial holding the person or

mixed financial holding person, who is registered in any

Member State of the European Union,



r) domestic financial holding the person the person referred to in article. 4 (4). 1 point

30 of the European Parliament and Council Regulation (EU) no 575/2013



with) domestic mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 32 regulation of the European Parliament and of the Council (EU) no 575/2013



t) European mixed financial holding the person the person referred to in article. 4

paragraph. 1, point 33 regulation of the European Parliament and of the Council (EU) no 575/2013



European financial holding on) a person the person referred to in article. 4 (4). 1 point

31 of the European Parliament and Council Regulation (EU) no 575/2013



in the responsible dealer) securities in the group financial

holding persons as a securities dealer, which is not a Bank,

controlled by a financial holding person, which does not control any bank or

the Credit Union, which has been granted permissions to perform activities in the

any Member State of the European Union, which has its registered office



1. in the Czech Republic,



2. in another Member State of the European Union, if this financial holding

the person at the same time control the foreign trader in securities,

which has been granted permissions to perform activities in that Member State

The European Union, or a foreign securities dealer with the greater

the balance sheet total, which was granted permissions to perform activities in the

another Member State of the European Union, or



3. other than the Member State of the European Union, if the Czech National Bank

being under section 153, paragraph. 6 from the exercise of supervision on a consolidated

the basis of the financial holding group of the person;



If in such a consolidation of multiple securities traders,

who are not banks, securities trader responsible in

the financial holding group of the person means the securities dealer

with the largest balance sheet total,



w) responsible trader with securities in the Group of foreign

leader merchant securities trader with securities,

that is not controlled by the foreign bank, controlling the trader

securities if



1. the trader shall protect areas with this foreign securities was

granted permission to conduct business in a non-Member State of the European

of the Union,



2. controlling the foreign securities dealer does not control
any Bank, Credit Union, or foreign bank, which has been

granted permission to conduct business in any Member State

The European Union, and



3. being the Czech National Bank pursuant to § 153 paragraph. 6 from exercising supervision

on a consolidated basis over a group of foreign leader

a trader with securities; If in such a consolidation total more

securities dealers who are not banks, responsible

a trader with securities in a foreign group leader

Merchant securities means securities dealer with

the largest balance sheet total,



x) responsible trader with securities in a foreign group

controlling the Bank, securities dealer, which is not a Bank,

controlled by the foreign bank that controls if the Czech National Bank

being under section 153, paragraph. 6 from the exercise of supervision on a consolidated

the basis of the above the group controlling the Bank; If it is in

This consolidation of multiple securities traders who

There are banks, the responsible trader with securities in Group

foreign controlling banks means the securities dealer with

the largest balance sheet total,



s) responsible trader in securities operated a mixed financial

person holding securities dealer controlled mixed

financial holding person based



1. in the Czech Republic,



2. in another Member State of the European Union, if this a mixed financial

at the same time holding the person control over foreign financial institution, which

It was granted permission to conduct business in that Member State, or

foreign financial institution with a larger balance sheet total, which was

granted permission to conduct business in another Member State of the European

the Union, or



3. in a State which is not a Member State of the European Union, if the Czech

National Bank being under section 153, paragraph. 6 from the performance of the Bank

supervision on a consolidated basis;



If the consolidation referred to in points 1 to 3 more traders with valuable

the papers operated mixed financial holding person, who is not

banks, securities trader responsible controlled mixed

financial holding person means a securities dealer with

the largest balance sheet total,



the basis of the consolidated consolidated basis) according to the article. 4 (4). 1

section 48 of the European Parliament and of the Council (EU) no 575/2013



for the institution for the purposes of) of this Act shall mean a credit institution according to the

article. 4 (4). 1, point 1, and the investment firm in accordance with article. 4 (4). 1 point 2

Regulation of the European Parliament and of the Council (EU) no 575/2013. ".



80. Article 151, paragraph 3 is deleted.



81. In § 152 paragraph. 2 the introductory part, the words "and the provision in particular

information about "shall be replaced by the words"; The Czech National Bank

provides on-demand supervisory authorities of other Member States of the European

Union information necessary for the performance of their supervisory and on its own initiative

provides vital information to those authorities that have a significant impact on the

assessment of the financial situation of a foreign securities dealer

or financial institution in the Member State concerned, and in particular

information about ".



82. In § 152 paragraph. 2 letter a) is added:



"and the relations between the related members) of the consolidated Group, the structure of the

Administration and management including the organizational structure of the consolidated Group,

being included are all regulated and unregulated entities,

the unregulated subsidiary, branch and the controlling person and the

authorities in the supervision of regulated entities in this consolidation, ".



83. In § 152 paragraph. 2 (a). (b)), the word "procedures" shall be replaced by

"procedures".



84. In § 152 paragraph. 2 (a). (c)), the word "development" shall be replaced by

"development".



85. In § 152 paragraph. 2 (a). (d)), the words "sanctions and measures" be replaced by

the words "sanctions and measures" and the words "in accordance with section 9 (2). 4 or 7 "

shall be deleted.



86. In section 152 at the end of paragraph 2, the period is replaced by a comma and the following

letter e), which reads as follows:



"e) of the financial holding entities and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013. ".



87. In § 152 paragraph. 3, the words "referred to in paragraph 2" shall be replaced by the words

"necessary for the performance of supervision on a consolidated basis".



88. Article 152, paragraph 4 shall be deleted.



Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.



89. In § 152 paragraph. 5, after the words "shall be inserted the word" does "essential" and

the words "referred to in paragraph 2 and paragraph 4 shall be deleted.



Footnote No. 40:



"40) Article. 117 directive of the European Parliament and the Council 13/36/EU ".



90. In section 152a, paragraph. 1 introductory part of the provision, the words "or the Group

European financial holding persons in addition to the tasks set out in this

by law or special legal regulation "are replaced by" a group of

European financial holding the person or dealer responsible

securities-controlled European mixed financial holding

person, in addition to the tasks set out in this law, other legal

law or directly applicable EU regulation governing the

prudential requirements ".



91. In section 152a, paragraph. 1 (a). (b)), the word "16a" shall be replaced by the words "part

the eighth European Parliament and Council Regulation (EU) no 575/2013 "and the words" §

paragraph 135. 5 "shall be replaced by the word" section "135b.



92. In section 152a, paragraph. 1 (a). (c)), the words "other Member States"

replaced by the words "of the European system of central banks, which means the

the central banks of the European system of central banks under article. 4 (4). 1

section 45 of the European Parliament and of the Council (EU) no 575/2013 ".



93. In section 152a, paragraph. 1 at the beginning of subparagraph (d)), the words "on

request ".



94. Under section 152a, paragraph. 1 at the end of subparagraph (d)), a comma is replaced by a dot and the

letter e) shall be deleted.



95. In section 152a, paragraph. 3, the word "or" is replaced by a comma and the words

"person" shall be inserted the words "or the responsible trader in securities

controlled by a European mixed financial holding person ".



96. the footnote No. 34 reads:



"Article 34). 112 directive of the European Parliament and the Council 13/36/EU ".



97. In section 152a, paragraph. 4 introductory part of the provision, the words "or"

shall be replaced by the word "paperwork," and after the word "persons" shall be inserted the words "or

responsible securities dealer controlled European mixed

financial holding person ".



98. Footnote 29 is added:



"29) Article. 115 directive of the European Parliament and the Council 13/36/EU ".



99. In section 152a 12, the following paragraph is added:



(12) paragraphs 8 to 11 shall apply mutatis mutandis to the supervision of the

consolidated basis over the responsible trader in securities

controlled by a European mixed financial holding person. ".



100. In section 152b, paragraph. 1 introductory part of the provisions, the word "or" is replaced by

the comma and the word "person" shall be inserted the words "or responsible

securities dealer controlled European mixed financial

holding a person '.



101. In section 152b, paragraph. 1 (a). and after the words ") (a). and) "the words" and

n) ".



102. Under section 152b, paragraph. 1 (a). (b)), and (c)), after the word "level", the words

"and in the form of special liquidity requirements".



103. In section 152b, paragraph. 2 the first sentence, the word "risks" shall be replaced by the words

"the risk coverage capital and liquidity risks".



104. In section 152b, paragraph. 2 the second sentence, the words "report to the other institutions

executing the supervision of members of the group concerned "shall be replaced by the words

"other authorities supervising over the members of the group concerned a message

on the assessment of the risk coverage capital, and within 1 month of the date when the

presented a report on the assessment of the risk of liquidity ".



105. In section 152b, paragraph. 3 the first sentence, the words "within 4 months from the date when the

The Czech National Bank has presented to the other authorities supervising

members of the group concerned over the report "be replaced by" within the time limits ".



106. the footnote No. 41:



"Article 41). 113 directive of the European Parliament and the Council 13/36/EU ".



107. In section 152b, paragraph. 5 the first sentence shall be replaced by the phrase "the merchant with the

securities, which is a member of the Steering Group of the European

Merchant securities, a member of the Group of the European financial

holding the person or a member of the Group of the European banks by the controlling

the law relating to the bank or dealer is responsible

securities-controlled European mixed financial holding

person, the Czech National Bank is appropriate to impose measures to remedy the

According to § 136 paragraph. 2 (a). and) and n) separately, if not achieved

the agreement between the authority exercising supervision on a consolidated basis over the

the Group and other bodies carrying out the supervision of members of the

This group within 4 months from the date on which the authority supervising the

consolidated basis over the Group presented the Czech national

a Bank report on the assessment of the risk coverage capital of this group, or to 1

months from the date on which the authority exercising supervision on a consolidated basis

above the group tabled by the Czech National Bank report on the assessment of the

liquidity risk the group. ".



108. In section 152b, paragraph. 6 the first sentence, the word "period" shall be replaced by
"deadlines".



109. In section 152b, paragraph. 9, the words "article 9" shall be deleted.



110. In paragraph 152c. 1 the first sentence, the word "or" is replaced by a comma and

the word "person" shall be inserted the words "or of the responsible dealer

securities-controlled European mixed financial holding

the person ".



111. In paragraph 152c. 3 (b). (d)), after the words "Central Bank" shall be

the words "of the European system of central banks".



112. In § 153 paragraph. 2 at the end of the text of the first sentence, the words ", and

over the responsible trader in securities operated a mixed financial

holding a person '.



113. In § 153 paragraph. 3 last sentence, after the words "the Commission" shall be replaced

"and the European banking authority".



114. In § 153 paragraph 3, the following paragraph 4 is added:



"(4) paragraph 3 shall apply mutatis mutandis to the exercise of supervision on a consolidated

the basis of the above securities trader responsible controlled mixed

financial holding person. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



115. In § 153 paragraph. 6 at the end of the text of the first sentence, the words "in accordance with

directly applicable European Union regulation governing the prudential

the requirements ".



116. In § 153 paragraph. 6 the third sentence, after the word "persons" shall be replaced

"or mixed financial holding of the person".



117. In paragraph 154. 1 the introductory part, the words "the provisions of section 9 (2). 2 "

replaced by the words "§ 9a, paragraph. 4. "



118. In paragraph 154. 1 points (b) and (c))) shall be deleted.



Existing subparagraph (d)) to (f)) are renumbered as paragraphs (b) to (d)).)



119. In paragraph 154. 1 (c)) shall be deleted.



Existing subparagraph (d)) shall become point (c)).



120. In paragraph 154. 2 the words "regular or" shall be deleted.



121. Article 154, paragraph 3 is deleted.



Paragraph 4 becomes paragraph 3.



122. In paragraph 155. 2, after the word "person", the words "responsible

securities dealer controlled by the mixed financial holding

the person ".



123. In the section basic equipment, paragraph. 1 the first sentence, after the words "holding of the person"

the words "mixed financial holding of the person" and "person

or a person referred to in section 151, paragraph. 1 (a). d) point 1 or 2 "shall be replaced by

the words "solely or mostly traders in securities, foreign

securities dealers, banks, credit unions or financial

institutions, or controls at least one trader with securities,

that is not a Bank, ".



124. In the section basic equipment, paragraph. 1 the third sentence, after the words "holding of the person"

the words "or mixed financial holding of the person".



125. In paragraph § the basic equipment. 1 the fourth sentence, the words "holding person"

the words "mixed financial holding person".



126. in the section basic equipment, the following new section 155b and 155c, including notes

footnote No 47 and 48:



"section 155b



(1) the Czech National Bank may, in the exercise of supervision on a consolidated

the basis of the above mixed financial holding person, after consultation with the

the competent authorities may provide that in exercising this supervision

only apply the relevant provisions of the Act relating to the supplementary supervision

financial conglomerates, and under the condition that this mixed

financial holding person subject to comparable requirements of this law

and the law relating to the supplementary supervision of financial conglomerates,

in particular, as regards the risk-oriented supervision.



(2) if the Czech National Bank supervision on a consolidated basis

over the responsible trader in securities operated a mixed financial

holding a person, may, after consultation with the competent supervisory authorities

provide that, in the performance of this surveillance applies only the appropriate

the provisions of the Act relating to the supplementary supervision of financial

conglomerates, and under the condition that the European mixed

financial holding person subject to comparable requirements of this law

and the law relating to the supplementary supervision of financial conglomerates,

in particular, as regards the risk-oriented supervision.



(3) the Czech National Bank is responsible for consultation on the use of only

foreign legislation governing supplementary supervision of

financial conglomerates, is the supervising authority over

securities dealer controlled European mixed financial

holding a person and if this consultation invited authority

executing the supplementary supervision over a financial conglomerate.



(4) the Czech National Bank may, in the exercise of supervision on a consolidated

establish, that in the exercise of supervision over a mixed financial

holding a person uses only the provisions which apply to the

the most important sector in accordance with the law relating to the supplementary supervision of

financial conglomerates, and under the condition that this mixed

financial holding person equivalent to the requirements of this Act

and the law governing the activity of insurance companies, in particular as regards risk

oversight-oriented.



(5) if the Czech National Bank supervision on a consolidated basis

over the responsible trader in securities operated a mixed financial

holding a person may, in agreement with the competent supervisory authorities

provide that, in the exercise of supervision shall apply only those provisions which

refer to the most important sector in accordance with the law governing the

supplementary supervision of financial conglomerates, and under conditions that will

on this European mixed financial holding person

equivalent to the requirements of this Act and the Act relating to the

insurance companies, in particular as regards the risk-oriented supervision.



(6) the Czech National Bank is responsible for the agreement on the use of only

foreign legislation relating to the most important sector

According to the rules governing the supplementary supervision of financial

conglomerates, is the supervising authority over dealer

securities-controlled European person mixed financial holding

and if to this agreement called upon the authority executing the supplementary supervision

over a financial conglomerate.



§ 155c



(1) the Czech National Bank shall inform the European banking authority of



and procedures adopted pursuant to §) 155b, paragraph. 1, 2, 4 and 5,



(b)), where uses the section 135 c of paragraph 1. 1,



(c)) the functioning of the review process and evaluation pursuant to § 135b,



(d)), the methodology used as the basis for a decision pursuant to § 135b paragraph. 3 to

5, section 135 c of paragraph 1. 2, 3 and 4 and section 136 of the review and evaluation process

According to § 135b,



(e) the names of the authorities or persons), which may receive information pursuant to

section 135a,



(f)) financial holding persons and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013



(g) the results of the review and evaluation) according to § 135b, if the results of

suggest an impending systemic risk according to the article. 23 of the regulation of the European

Parliament and of the Council (EU) no 1093/2010 of the brokerage house

the papers; This information will provide the Czech National Bank, without undue

delay,



h) data collected for the purpose of comparison of trends and practices

remuneration,



I) measures taken under section 12 (a). (g)),



(j) additional function) to hold a non-member under section 14(2). 8

the last sentence,



k) data collected under section 12 (a). (h)),



l) data obtained from the trader in securities of a decision

shareholders or shareholders relating to the remuneration,



m) measures to remedy imposed pursuant to § 136 paragraph. 2 (a). l), section 136

paragraph. 7 and the penalties imposed for administrative offences pursuant to § 157 paragraph. 8

(a). (d)), g), (j)) to q), s), and t), section 164, paragraph. 1 (a). and (d))), section 166

paragraph. 1 (a). and (c))) to (e)), including data on the appeal against the decision,

which those penalties imposed,



n) composition of the combined capital reserves and the date on which the traders

securities are subject to the obligations of the combined capital reserve

in this composition, maintain,



about) recognition of shortening the transitional period for a countercyclical capital

a provision introduced by another Member State of the European Union.



(2) on the request of the Czech National Bank shall inform the European

banking on all the facts necessary for the performance of its tasks

laid down by the relevant legislation of the European Union ^ 47).



(3) the Czech National Bank shall inform the European Commission of the



and) financial holding entities and mixed financial holding

the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.

575/2013



(b) the composition of the combined capital reserve) and the date on which the traders

securities are subject to the obligations of the combined capital reserve

in this composition, maintain,



(c) shortening the transitional period) recognition for counter-cyclical capital

a provision introduced by another Member State of the European Union.



(4) the Czech National Bank shall inform the European Council for system risks



and the composition of the combined capital reserve) and the date on which the traders

securities are subject to the obligations of the combined capital reserve

in this composition, maintain,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a provision introduced by another Member State of the European Union,



c) counter-cyclical capital reserve rate according to § 9ac paragraph. 3 and data

referred to in section paragraph 9ac. 7.
(5) the Czech National Bank shall inform the European insurance and

occupational pensions ^ 48) on the procedures adopted pursuant to section 155b

paragraph. 1, 2, 4 and 5.



(6) the Czech National Bank will provide to the European banking authority

synergies in all cases where the European banking authority of the

own initiative contributes to the solution of disputes between the competent authorities.



(7) the Czech National Bank uses data from the database of administrative penalties

The European banking authority for the assessment of the credibility of the members of the

Merchant securities authorities.



(8) the Czech National Bank shall inform the appropriate College of supervisors of



and the composition of the combined capital reserve) and the date on which the traders

securities are subject to the obligations of the combined capital reserve

in this composition, maintain,



(b)) the recognition of the shortening of the transition period for a countercyclical capital

a provision introduced by another Member State of the European Union.



47) Regulation of the European Parliament and of the Council (EU) no 575/2013. Directive

The European Parliament and of the Council of 13/36/EU. Regulation of the European Parliament

and of the Council (EU) no 1093/2010 of 24 March. November 2010 on the establishment of the European

supervisory authority (European banking authority), amending decision

No 716/2009/EC and repealing Commission decision 2009/78/EC.



48) European Parliament and Council Regulation (EU) no 1094/2010 of 24 March.

November 2010 establishing a European supervisory authority (European institution

for the insurance and occupational pensions), to change the

decision No 716/2009/EC and repealing Commission decision 2009/79/EC ".



127. In section 155c at the end of paragraph 4 is replaced by a comma and the following dot

the letter d), which read:



"(d)) the rate of the capital reserve pursuant to section a countercyclical 9al paragraph. 3 and

the information referred to in section paragraph 9al. 7. ".



128. In § 157 paragraph. 8 of the introductory part, the words "the provisions of section 9 (2). 2 "

replaced by the words "§ 9a, paragraph. 4. "



129. In § 157 paragraph. 8 letter a) is added:



") use or change internal approach for the calculation of capital

the request without the prior consent of the Czech National Bank or the

the approach used in violation of the mandatory conditions laid down in this

the consent referred to in article. 143 regulation of the European Parliament and of the Council (EU) No.

575/2013, regulation or a decision of the European Commission ".



130. In § 157 paragraph. 8 (a). (b)), the words "this Act" shall be replaced by the words

"directly applicable EU regulation governing the prudential

the requirements ".



131. In § 157 paragraph. 8 (d)):



"(d)) shall be issued for the exposure in excess of the limits laid down in the article. 395 regulation

The European Parliament and of the Council (EU) no 575/2013 and implementing the legal

Regulation issued under section 199, ".



132. In § 157 paragraph. 8 point e) is repealed.



Letters f) to (h)) are referred to as the letters e) to (g)).



133. In § 157 paragraph. 8 (a). (f)), the words "§ 16a, or" shall be replaced by the words

"part of the eighth European Parliament and Council Regulation (EU) no 575/2013".



134. In section 157 shall at the end of paragraph 8 shall be replaced by a comma and dot

the letter h) to r) are added:



"(h)) does not provide a legal person or a natural person operating without a

undue delay a written explanation of its credit rating by

article. paragraph 431. 4 regulation of the European Parliament and of the Council (EU) no 575/2013



I) fails to comply with the rules for determining the capital, specifying individual

capital requirements or the conditions for the use of approaches for the calculation of the

capital requirements under the second and third parts of the regulation of the European

Parliament and of the Council (EU) no 575/2013



(j)) do not communicate the Czech National Bank data or incomplete or incorrect

the information referred to in article. paragraph 99. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, regulation or a decision of the European Commission,



the Czech National Bank) do not communicate the information, or incomplete or incorrect

information on the capital requirements laid down in the article. 101 of regulation

The European Parliament and of the Council (EU) no 575/2013, regulation or decision

The European Commission,



l) are exposed to credit risk of the securitised positions,



m) contrary to the directly applicable EU regulation governing the

the prudential requirements of the Czech National Bank will not share information or communicate

incorrect or incomplete data on the



1. large exposures



2. pákovém,



3. liquidity,



n) does not maintain a repeatedly or for extended periods under article liquid funds.

412 European Parliament and Council Regulation (EU) no 575/2013



information about not in scale) and in the manner laid down in article 4(1). paragraph 431.

1 to 3, or article. paragraph 1(a) 451. 1 regulation of the European Parliament and of the Council (EU)

No 575/2013, regulation, or decision by the European Commission or the

make available information with incomplete or incorrect information,



p) splits the part of the profit after tax in contravention of this Act,



q) shall provide the implementation of the holders of investment instruments included in the

capital securities trader in breach of article 28, or 51 63

Regulation of the European Parliament and of the Council (EU) no 575/2013, or



r) allows the person which does not satisfy the requirements of this Act on a member of the

the statutory authority of the management board or Supervisory Board of the merchant with the

securities, to become or remain a member of this body. ".



135. In § 157 paragraph. 10, the words "in accordance with § 15s" are replaced by the words "pursuant to article.

431 European Parliament and Council Regulation (EU) no 575/2013 ".



136. In § 157 paragraph. 11, the words "§ 9 (2). 2 "shall be replaced by the words" § 9a

paragraph. 4. "



137. In section 157 shall at the end of paragraph 14 of the dot is replaced by a comma and the following

the letters d) to (e)) are added:



"(d)), twice the amount of undue benefit, if it is possible, the amount of

advantage to find out if an administrative offence under paragraph

8 (a). I) to t) and committed him to a legal person; If it is not possible for the amount of

unauthorized benefit to find out, a fine in the amount of 10% of the net

the annual turnover of securities trader for the immediate

the previous accounting period, which includes the items listed in the article. 316

Regulation of the European Parliament and of the Council (EU) no 575/2013, if the

the administrative tort pursuant to paragraph 8 (a). I) to t)



(e) the amount of the advantage) twice, if the administrative tort

pursuant to paragraph 8 (a). I) to t) and committed him to the controlled person;

If it is not possible to determine the amount of the advantage, saves a penalty to

the amount of 10% of the net annual turnover resulting from the consolidated

accounts of the controlling entity for the immediately preceding financial

period. ".



138. In section 192 at the end of the text of paragraph 2, the words ", where appropriate,

whether or not to ".



139. In section 192 at the end of paragraph 2 shall be deleted and the following dot letters

and (f))) are added:



"the duration of the infringement) a legal obligation,



(b)) the financial situation of the legal person,



(c)) the importance of the advantage of a legal person, if it can be

lay down,



(d) loss caused by third parties) identified a violation of legal obligations,



(e) the legal person) cooperation in the management of the administrative tort,



f) prior administrative deliktům legal persons. ".



140. In § 192 paragraph 2, the following paragraph 3 is added:



"(3) the criteria for determining the amount of the fines referred to in paragraph 2 shall be

(I) in determining the amount of the fine imposed for the offence of physical

the person. ".



Paragraphs 3 to 6 shall be renumbered as paragraphs 4 to 7.



141. the following shall be added to § 192 paragraph 8 to 10 are added:



"(8), Czech National Bank without undue delay shall publish the final

the decision on a fine issued in a manner enabling remote access.



(9) the Czech National Bank shall publish the decision without putting the identification

information about the pokutované person, if the publication of the



and vis) was the person on the basis of an assessment of the

considered as manifestly unreasonable,



(b) jeopardise the stability of the financial market),



(c)) would jeopardize ongoing criminal proceedings,



(d) the person concerned) caused disproportionate damage.



(10) the decision referred to in paragraph 8 or 9 must be published for at least

period of 5 years. Personal data of natural persons concerned shall be published only for the time

necessary in accordance with the law governing the protection of personal

data. ".



142. In the heading under section 198, the words "and of the liquidators ' shall be deleted.



143. Section 198a, paragraph. 1 (a). (c)), the words "section, paragraph 135. 4 "shall be replaced by the words

"§ 135b".



144. Section 198a, paragraph. 1 at the end of the text of subparagraph (d)), the words

"including the number and nature of the measures taken to remedy or fines in the

accordance with this Act, ".



145. In section 199, paragraph. 2, the words "section 9 c," shall be replaced by "section 9aa of paragraph 1. 6, §

paragraph 9AJ. 6, § 9ar paragraph. 5 ", for the words" section 12f, "shall be inserted after the words" § 12

(g) of paragraph 1. 3, § paragraph 12i. 3.0 "and the words" section, paragraph 151. 3, § 154 paragraph. 3.0 "

shall be deleted.



146. In § 199 shall be added to paragraph 5 to 8 are added:



"(5) the Czech National Bank may issue the measures of a general nature on the basis of, and

within the limits of the regulation directly applicable European Union legislation

prudential requirements, where this is a directly applicable provision

allows the competent authority to grant an exemption or edit the use

the rules laid down to traders in securities or a group of species

the specified securities traders.
(6) the proposal of measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(7) the measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(8) Against the measures of a general nature issued may submit written

reasoned objections only traders in securities, within the

10 working days from the date of its publication. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or repeal of the measures of a general nature issued. ".



147. In section 201, the following paragraph 6 is added:



"(6) the information referred to in section 16a, paragraph. 5 (a). and (c))) up to publish trader

securities for the first time by 1 March 2005. September 2014 for the immediate

the previous accounting period, and under the conditions and in the manner specified in section

16A. ".



148. under section 204 shall be inserted a new section 204a to 204c:



"section 204a



The information referred to in section 16a, paragraph. 5 (a). d) to (f)) to provide internationally

the specified global systemically important institutions for the first time by 1 March 2005. September 2014

for the immediately preceding financial year of the European Commission, and in

the scheme to confidential information and subject to the conditions and in the manner referred to in section 16a.



section 204b



For the purposes of section, paragraph 9ag. 3 and 4 to 31. December 2014 instead of the rate of 5%

It shall apply the rate of 3%.



§ 204c



(1) the Czech National Bank may provide for measures of a general nature, the conditions

the criteria, requirements or procedures referred to in article 12(2). paragraph 124. 4 (b). and) article.

paragraph 150. 3, article. paragraph 153. 9, article. paragraph 181. 3 (b). and) article. paragraph 182. 4

(a). and) article. paragraph 197. 8 article. 221, paragraph. 9, article. paragraph 312. 4 (b). (b)) and

(c)). paragraph 316. 3, article. paragraph 318. 3, article. 363 paragraph. 4 (b). and (c))),

article. paragraph 382. 4 (b). and) article. 426, article. paragraph 440. 2 and article. 443 regulation

The European Parliament and of the Council (EU) no 575/2013.



(2) a draft of the measures of a general nature will be published only on the official notice board

The Czech National Bank. Held a public hearing to the proposal of measures

the general nature of the Czech National Bank shall notify the time and place of the holding of the

the notice board of the Czech National Bank.



(3) Measures of a general nature shall enter into force on the day of its publication in the official

the Czech National Bank Board.



(4) measures of a general nature Against issued may submit written

reasoned objections only traders in securities, within the

10 working days from the date of its publication. Lodged objection shall execute the Czech

National Bank of communication. Lodged objection may take advantage of the Czech National Bank

as a basis for the amendment or repeal of the measures of a general nature issued. ".



149. In section 204b is the existing text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) for the purposes of § 9ar makes capital for global system

a major institution for the year



2016 25%) of the capital reserve provided for by § 9ar,



(b)) the capital reserve of the 2017 50% determined in accordance with § 9ar,



c) 2018 75% of capital reserve provided for by § 9ar. ".



Article. (VIII)



Transitional provisions



(1) a securities dealer, which means the securities trader

the papers, which is an investment firm referred to in article. 4 (4). 1 point 2

Regulation of the European Parliament and of the Council (EU) no 575/2013, is obliged to

to ensure compliance with the requirements provided for in § 14 paragraph. 8 (a). (c)) and § 14

paragraph. 10 of Act No. 256/2004 Coll., as amended, effective from the date of acquisition

the effectiveness of this law, to 1. July 2014.



(2) the procedure for the imposition of corrective measures or proceedings for the imposition of penalties

initiated by the date of entry into force of this law, and to this day

been completed by the executor of the existing legislation.

Corrective measures or sanctions shall be imposed according to the existing legal

regulations.



PART SIX



Amendment of the Act on the financial conglomerates directive



Article. (IX)



Act No. 377/2005 Coll., on the supplementary supervision over banks, spořitelními and

úvěrními associations, electronic money institutions, insurance undertakings and

traders in securities in the financial conglomerates directive and amending

certain other laws (the law on the financial conglomerates directive), as amended by

Act No. 57/2006 Coll., Act No. 137/2006 Coll., Act No. 230/2006 Coll.

Law No. 278/2009 Coll., Act No. 281/2009 Coll., Act No. 139/2011 Sb.

Act No. 37/2012 Coll., Act No. 89/2012 Coll., Act No. 91/2012 Sb.

Act No. 228/2013 Coll. and Act No. 241/2013 Coll., is hereby amended as follows:



1. In section 2 (a). (d)), the words "in accordance with the law governing investment

the company and the investment funds ' shall be replaced by the words "; self-governing

Investment Fund, for the purposes of this law for managers

the standard does not consider the Fund ".



2. In article 2, subparagraph (e) at the end of the text), the words "or who has

comparable permissions according to the law of his home Member State or

the reference Member State, designated in accordance with article. 37 of Directive

The European Parliament and of the Council of 2011/61/EU ".



PART SEVEN



The EFFECTIVENESS of the



Article. X



1. This law shall enter into force on the date of its publication, with the exception

the provisions of the



and the first part of the article). I, points 15 to 17, 26, 27, 29 to 33, 36, 42, 43, 45,

88, 109, 118 and 242, part of the fourth article. In points 26 to 29, 47 to 49, 55, 86,

89, 90, 93 to 95 and the fifth section of the article. VII, points 13, 32 to 34, 36, 41 to 43,

45, 49, 57 to 61, 73 to 78, which shall take effect on 1 January 2005. January

2015,



(b)) of the first article. And 110 points, 150, 151 and 232, part of the fourth article. In points

56, 81, 176, and 177, and part five article. VII, points 14 and 69, 127, which

shall take effect on 1 January 2005. January 2016.



2. The provisions of Section 12d of the up to 12 l, § 26 paragraph. 2 (a). and, paragraph 12) § 26 paragraph. 2

(a). (e)), paragraph 38d and section. 5 (a). (c)) of law No 21/1992 Coll., on banks, in

as amended, shall be valid until the end of December 31. December

2015.



3. The provisions of section 8aa to 8ai, § 28 paragraph. 2 (a). and point 12), section 28, paragraph. 2

(a). (e)) and section 22, paragraph. 4 (b). (c)) of the Act No 87/1995 Coll., on savings

and credit cooperatives, as amended, shall expire

the end of the day 31. December 2015.



4. The provisions of section 9aa, section 136 to 9ai paragraph. 2 (a). k) and p) and section 155c paragraph.

4 (b). c) of Act No. 256/2004 Coll., on business on the capital market, in

as amended, shall be valid until the end of December 31. December

2015.



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