336/2014 Sb.
LAW
of 9 June. December 2014,
amending the law No. 240/2013 Coll. on investment companies and
investment funds, and some other laws in the area of capital
market
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on investment companies and investment funds
Article. (I)
Law No. 240/2013 Coll. on investment companies and investment
funds, shall be amended as follows:
1. In footnote 1 of the second sentence, the words "in the text of the directive"
replaced by the words ", as amended by directives", at the end of the text of the second sentence, the
the words "and 2013/14/EU", at the end of the last sentence of the text, the following
the words ", as amended by the directive of the European Parliament and of the Council of 13/14/EU" and
at the end of footnote No. 1 is on a separate line following sentence
"Article. 1 (1). 2 of the directive of the European Parliament and of the Council of 2012/30/EU of
25 October 2012 to coordinate protective measures, which are on the protection
the interests of members and third parties required in the Member States from
companies within the meaning of article. 54 second subparagraph of the Treaty on the functioning of the
The European Union in the establishment of limited liability companies and the maintenance and
change of their capital, in order to achieve equivalence
These measures (recast) ".
2. In footnote No 2 sentence third to seventh are replaced by the phrases:
"The Commission delegated Regulation (EU) no 231/13 of 19 March.
December 2012, supplementing the directive of the European Parliament and of the Council
2011/61/EC, as regards the exemptions to the General conditions, the operation of the activity,
the depositary, leverage, transparency and oversight.
Regulation of the European Parliament and of the Council (EU) no 345/13 of 17 November 2003. April
2013 of the European venture capital funds.
Regulation of the European Parliament and of the Council (EU) no 346/13 of 17 November 2003. April
2013 of the European funds of social entrepreneurship.
The Commission implementing Regulation (EU) No 447/13 of 15 April. may 2013
laying down the procedure for the alternative investment fund manager,
who decide that they will apply the directive of the European
Parliament and the Council in 2011/61/EU.
The Commission implementing Regulation (EU) no 448/13 of 15 April. may 2013
laying down the procedure for the determination of the reference Member State
mimounijního alternative investment fund manager directive, according to
The European Parliament and of the Council of 2011/61/EU ".
3. In article 2 letter a) is added:
") in the collection
1. cash, whose main purpose is the financing of own
production, trade, research, or the provision of services, other than
financial, and other management of the funds so collected
or property acquired for these funds, or
2. the money transferred goods, whose main purpose is operation
own production, business, research, or provide your own
services, other than financial, and on the other the Administration thus collected
the money was transferred or property acquired for the money
appreciation of things ".
4. In section 2, at the end of subparagraph (b)) following the word "or" and the letters c) and (d))
shall be deleted.
Letter e) is renumbered as paragraph (c)).
5. At the end of the text of section 2 shall be replaced by a comma and period following final
part of the provisions "subject to this act otherwise (article 98, paragraph. 3).“.
6. in section 2, the following new section 2a is inserted:
"§ 2a
This law also does not apply to the activity of
and the collection of funds), or money transferred things
from family members for the purpose of their common investment and other
the management of the funds so collected or money
Whilst things or property acquired for these funds or
money appreciation of things (the family office vehicle), or
(b)) in the collection of funds or money transferred things
for the purpose of joint investment, and on the other the Administration as follows
the collected funds or money transferred or
assets acquired for these funds or money of appreciation
things, if the investor is exclusively the person together with who this
the activities carried out, form group,
unless the person who performs this work, it is entered in a list kept by the
The Czech National Bank in accordance with § 596 (a). (f)), or this activity to be carried out
as a obhospodařovatel investment fund, as well as if this
the law further otherwise (article 98, paragraph 3). ".
7. In section 6 is at the end of the text of paragraph 1, the words "shall be added; This is not a
without prejudice to section 9 (2). 1 "and at the end of paragraph 1, the following sentence" Each
investment fund managers can only have one. ".
8. In section 6 shall be inserted after paragraph 1, paragraphs 2 and 3 shall be added:
"(2) all of the sub-funds of one investment fund must have the same
managers.
(3) management of an investment fund or foreign investment
the Fund includes the management of its sub-funds or comparable
the device. Where this law uses the term "management
Investment Fund or to a foreign investment fund "means
and its management of the sub-funds or comparable device. There, where the
the law uses the term "obhospodařovatel investment fund or
foreign investment fund "means the obhospodařovatel its
the sub-funds or comparable equipment. ".
The current paragraph 2 shall become paragraph 4.
9. In section 9 (2). 1 at the end of the text of the first sentence and the second the words
"through this person."
10. In section 9 (2). 3 (b). and the word) after "investors", the words
"If the State Fund of qualified investors,".
11. In section 11 on the end of the text of paragraph 5, the words ", or some
the activities, which includes the management or administration
Investment Fund or to a foreign investment fund ".
12. In section 11 is added at the end of paragraph 5, the phrase "to the implementation of the individual
activities, which includes the management or administration
Investment Fund or to a foreign investment fund, investment
companies or foreign person with permission according to § 481, which is not
comparable to the Government Investment Fund, for the one who observes the
the prudential rules that are comparable to the rules of prudence
According to the law of the European Union, and is subject to the supervision of a supervisory authority, other
permission is not required. ".
13. In section 15 paragraph 2 is added:
"(2) the management of the assets referred to in paragraph 1, the first sentence goes to the Czech
Republic, the domicile or seat of the person who it manages or intends to
manage. ".
14. In section 15(2). 3, § 17 paragraph. 6, § 108 paragraph. 2, section 272 paragraph. 5, § 273
paragraph. 2 and 3, § 282 and in § 651, paragraph. 3 the words "legitimate"
replaced by the words "it is true".
15. In section 15(2). 3 the first sentence, after the word "Fund", the words "or
another device "and the words" trust "shall be inserted the words" or
another ".
16. In section 15(2). 3 the second sentence, the word "svěřenskému" is deleted.
17. Footnote 6 is added:
"6) Commission delegated Regulation (EU) no 231/2013.".
18. In section 16. 3, the words "determine" is replaced by "how
Specifies ".
19. In article 17, paragraph 2 shall be deleted.
Paragraphs 3 to 6 shall be renumbered as paragraphs 2 to 5.
20. In § 17 paragraph. 2 to 4, the words "or 2" shall be deleted.
21. In section 17(2). 2 the second sentence, the words "paragraph 4" shall be replaced by the words
"from the day exceeded the limit, the decisive paragraph 3".
22. In section 17(2). 4 the second sentence, the words "first 4" shall be replaced by
"3".
23. In section 17(2). 5 the first sentence with the number "5" shall be replaced by the number "4" and the number
"4" is replaced by the number "3".
24. In section 20 (2). 3, the word "and" after the word "comprehensive" is replaced by a comma.
25. In section 20 (2). 5 and § 47 odst. 5, the words "requirements for qualitative
criteria for the management and control system "shall be replaced by the words" a qualitative
requirements for the management and control system ".
26. In § 21. 4, after the word "person", the words "(§ 624)".
27. In section 22, paragraph. 6, the words "the requirements on the qualitative criteria
the procedures, rules and principles referred to in paragraph 2 and the obligations
referred to "shall be replaced by the words" requirements for quality procedures, rules,
and principles referred to in paragraph 2 and the obligation referred to ".
28. In section 25, paragraph. 1 (f)):
"(f)) who cannot lead to a conflict of interest between him and maturity
or between him and the common interests of the investors of the Fund. ".
29. In section 26, paragraph. 1 (a). (c)), section 26, paragraph. 3, § 53 paragraph. 1 (a). (c)) and in section
paragraph 53. 3, the word "to" is replaced by "and".
30. In § 33 paragraph. 1 (a). (b)), the words "by the law governing business
the capital market ' shall be deleted.
31. In § 34 paragraph. 4 (b). (e)), and (g)), the word "not" is replaced by
"if not".
32. In section 38, paragraph. 1 introductory part of the provisions, the word "always" be deleted.
33. In paragraph 38. 1 (a). (b)), the word "provision" shall be replaced by
"provision".
34. In section 38, paragraph. 1 at the end of the text of subparagraph (c)), the words "and
internal audit ".
35. In section 38, paragraph. 1 (a). (g)), the word "provision" is deleted.
36. In paragraph 38. 1 at the end of the text of the letter h), the words "and,
If the administrator manages the as obhospodařovatel this Fund,
safekeeping of securities and registration of book-entry securities
issued by this Fund ".
37. In section 38, paragraph. 1 (a). (j)), after the words "issue of" word ",
Exchange "and at the end of the text of the letter j), the words" and,
If the administrator manages the as obhospodařovatel this Fund,
offering investments in this Fund ".
38. In section 38, paragraph. 1 (a). about), after the words "documents" shall be inserted the word ",
in particular ".
39. In paragraph 38. 1 (a). with) the word "provision" shall be replaced by the words
"the execution or procurement".
40. In paragraph 38. 2 of the introductory part of the provisions, the word "further" is deleted.
41. In section 38, paragraph 2, the following paragraph 3 is added:
"(3) the activities referred to in paragraph 1 (b). (c)), and p) the administrator shall exercise
Investment Fund or to a foreign investment fund in relation to the
This fund only if it is agreed in the contract of administration. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
42. In section 39 at the end of paragraph 2 the following sentence "to the implementation of the individual
activities, which includes the administration of the investment fund or
foreign investment fund, an investment fund administrator
or foreign investment fund for the one who adheres to the rules
prudence, which are comparable to the prudential rules under
rights of the European Union, and is subject to the supervision of a supervisory authority, other
permission not required; This is without prejudice to paragraphs 3 and 4. ".
43. In section 39, paragraph. 3 and 4, § 485, paragraph. 1 (a). (d)) the introductory part of the provisions,
section 554 paragraph. 1 (a). (c)) and in § 599 of paragraph 1. 1 (a). j), the words "for another"
shall be deleted.
44. In section 39 at the end of the text of paragraph 4, the words "or permits
to carry out activities pursuant to section 11 (1). 1 (a). (e)) ".
45. In section 39, paragraph. 5, the word "Performance" shall be replaced by the words "For" and the power of words
"the performance of these activities is not considered for other" shall be replaced by the words
"the authorisation referred to in paragraph 3 or 4 does not require".
46. In section 39, the following paragraph 6 is added:
"(6) the person who is authorized to perform administration of special funds, may
exercise and individual activities which includes the administration of the
standard funds or comparable foreign investment
funds. ".
47. In section 40 is at the end of paragraph 1, the following sentence "Every investment fund
can only have one administrator. ".
48. In § 42 paragraph. 1 the words "standard Fund or a comparable"
replaced by the words "investment fund or".
49. In § 47 odst. 1 (a). (b)), after the word "bodies" shall be inserted the word "this"
and the comma after the word "powers" shall be replaced by a semicolon.
50. In § 47 odst. 2 at the end of the text of subparagraph (c)), the words
"the shareholders, partners or beneficiaries of this Fund".
51. In § 47 odst. 2 at the end of the text of the letter e), the words "and
keeping the accounts of the administrator ".
52. In section 48, paragraph. 2 the words "the administration of the Fund"
replaced by the words "activity", the word "should" shall be replaced by knowledge
the words "in order to have sufficient knowledge", the word "performance" shall be replaced by the words
"proper exercise" and the words "to be" are deleted.
53. In § 49 paragraph. 1 (a). (b)), the words "investment fund or
foreign investment fund, whose administration performs "shall be replaced by
the words "this Fund".
54. In § 49 paragraph. 3 at the end of subparagraph (h)), the word "and" shall be deleted at the end of
paragraph 3 shall be replaced by a comma and dot the following point (j))
added:
"j") adheres to section 1843 of the civil code providing for information
obligations in connection with the conclusion of the contract on financial services. ".
55. In section 49, paragraph. 4, the words "the requirements on the qualitative criteria
the procedures, rules and principles referred to in paragraph 2 and the obligations
referred to "be replaced by" qualitative procedures and requirements
the rules referred to in paragraph 2 and the obligation referred to ".
56. In section 50, paragraph. 1 (a). (c)), the word "his" shall be replaced by the word "their" and
the word "document" shall be replaced by the word "document".
57. In section 50, paragraph. 1 (a). e) and (f)), the word "obhospodařovatel" shall be replaced by
the word "Administrator".
58. In section 50, paragraph. 1 at the end of the text of subparagraph (e)), the word "and" shall be deleted,
the end of the text of subparagraph (f)), the dot is replaced by "and" and the following
new paragraph (g)), which read:
"(g)) the Statute of the Fund or a comparable document defines this activity
as an activity, which can entrust the performance of another. ".
59. In section 50, paragraph. 1 (a). (f)), the words "credentials of another performance of this
activities "shall be replaced by" the credentials ".
60. In article 50, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
61. In § 51 paragraph. 1 the words "another person" shall be replaced by the word "other".
62. In section 51, paragraph. 2, the words "certain activities, which includes
the administration of the foreign investment fund or an investment fund, "
replaced by the words "each of the activities referred to in paragraph 1".
63. In section 54, paragraph. 1 (a). and the words ") and" shall be replaced by the words "securities
taken into custody and ".
64. In footnote 7, the words "of the European venture funds
capital "is replaced by" (EU) no 345/2013 ".
65. In section 60, paragraph. 1 introductory part of the provisions, the word "legal"
repealed.
66. In section 60, paragraph. 1 (a). and), the words ", if this is his nature"
shall be deleted.
67. In section 60, paragraph. 1 (a). (c)), the words ", if this is his nature,
or "shall be replaced by the word" and ".
68. In section 62, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) a depositary shall perform the obligations arising from this Act or from the
depozitářské of the Treaty in a way that corresponds to the nature, scale and
the complexity of the activities to be performed by him. ".
69. In section 63, the words "to provide financial collateral or
comparable to ensure, under the law of the foreign State or other security
investment tools, which were made from the assets of the Fund
as financial collateral or a comparable foreign-law guarantee referred to in
State or other security "shall be replaced by the words" use of its assets, which
in custody or in the custody for the purposes of their own or any other person ".
70. In § 71 paragraph. 1 at the end of the text of subparagraph (a)), the words "
While paragraph 3 shall not apply in this case. "
71. In § 71 paragraph. 1 (a). (b)), section 612, paragraph. 1 (a). (j)), section 612, paragraph. 2
(a). (b)) and in section 669 (b). (b)), the word "physically" is deleted.
72. In § 71 paragraph. 1 (a). (b)) and in section 669 (b). (b)) for the word "custody"
the words "investment instruments and others".
73. In § 71 paragraph. 2, after the words "the proponent", the words "(prime
Broker) ".
74. In paragraph 73. 1 (a). (e)) and in section 670 of paragraph 1. 1 (a). (e)), the word "and"
be replaced by a comma.
75. In paragraph 73. 1 and in section 670 of paragraph 1. 1 (f)):
"(f)) are carried out, pointing to the acquisition translates into higher commands or
the transfer of assets in the assets of this Fund, and it is sufficient
If the depositary checks, how were these made commands, if the
for this reason special attention good control; How were
the commands executed, it checks the depositary in addition, with respect to statements regarding
with
1. trade in value not exceeding the amount of 500 000 Czk, and a summary of the day
0.1% of the value of the corresponding value of the assets of this Fund,
2. trade closed on the market referred to in § 3 (3). 1 (a). and) Regulation
the Government governing investment of investment funds and technology to their
management, or
3. trade in a security or a security issued by book-entry
collective investment fund or a comparable foreign
Investment Fund ".
76. In section 75, paragraph. 2 the number "80" is replaced by "81".
77. In section 77, paragraph. 1 (a). (d)), the words "and the depositary" shall be replaced by the words
"the depositary or".
78. In section 78, paragraph. 1 (a). (b)), the words "of the Fund" shall be replaced by the words
"customers" and the words "the depositary of the Fund" shall be replaced by the words
"customers of the depositary".
79. In § 81 paragraph. 1, after the words "§ 71 paragraph. 1 (a). and ", the words)
"part of the sentence before the semicolon" and the word "custody" shall be inserted after the words
"investment tools".
80. In paragraph 83. 1, the words "section, paragraph 72. 5 "the word" and "shall be replaced by
a comma and the words "§ 73 paragraph. 4 "is inserted after the words" and section 74, paragraph. 4. "
81. In section 94, paragraph. 1, the words "the rights of the European Union" shall be replaced by the words
"directive of the European Parliament and of the Council governing the coordination of legislation in
collective investment area ^ 4). "
82. In § 94 paragraph. 2 the words "the rights of the European Union, and as such is not"
replaced by the words "the directive referred to in paragraph 1 and not as a standard
the Fund ".
83. In § 95 paragraph. 1 (a). and (b))) and (c)) (2) the word "strategy"
the words ", based generally on the principle of risk spreading,".
84. In footnote 9, the words "of the European social funds
business "is replaced by" (EU) no 346/2013 ".
85. In the introductory part of the provisions of section 96, the word "also", the words
"investment fund, that is."
86. In section 96 (a). and (b))) and the words "approved Fund" shall be replaced by the words
"qualified by the Fund".
87. Section 97 (a). (b)), for the words "comparable with", the words
"investment fund".
88. In section 98, the existing text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the prohibition in paragraph 1 shall not apply to the case where the
exclusively from the persons referred to in section 2a paragraph. 1 of the law governing business
on the capital market.
(3) paragraph 1 of section 2 (b) is not. (b)), and (c)) and § 2a. ".
89. In section 100, paragraph. 2 the words "investment fund" shall be replaced by the words
"collective investment fund".
90. In section 101, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Fund for qualified investors as fund investing money
market or as a short-term money market fund, however, can only be
Open mutual fund or joint-stock company with basic variables
capital. ".
91. In § 113 paragraph. 1 (a). and (c)), the word ")" is replaced by "d").
92. In section 117 at the end of paragraph 2 the following sentence "in rubopisu paper
share certificate shall contain the identification of the acquirer. '.
93. In § 120 paragraph. 1, the words "special rights" shall be deleted.
94. In the introductory part of the provisions of § 121, the words "translates into higher
mutual fund or "shall be deleted.
95. In § 121, the existing text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the proceedings referred to in paragraph 1 is proceeding under section 83, paragraph. 2 (a). (d))
Code of civil procedure.
(3) the parties are the applicant, obhospodařovatel this
mutual fund and one whose name, distinctive element name or the name of the
contains the designation of a mutual fund. ".
96. In section 130, the following paragraph 4 is added:
"(4) in the case of open mutual fund, which invests money pool
market or as a short-term money market, mutual
leaves every working day. ".
97. In paragraph 132. 1 the following point), which read:
"a) 3 business days, in the case of open mutual fund, which invests
as a money market fund or short-term money market fund, ".
Letters and) to d) are renumbered as paragraphs (b) to (e)).)
98. In article 132, paragraph 3 is deleted.
Paragraph 4 becomes paragraph 3.
99. In section 147, paragraph. 1, the number of "121", the words "paragraph. 1 ", the word
"passed" shall be replaced by the word "bought" and at the end of paragraph 1, the
added the sentence "Obhospodařovatel from the legitimate owner buys a mutual
sheet within 15 working days from the date when the proposal for the conclusion reached
Treaty. ".
100. In section 147, paragraph. 2 the words "lawful owner arises
investment securities the right to propose obhospodařovateli "shall be replaced by the words
"can the legitimate owner of the investment demand" and the words "for the
the reasonable consideration on behalf of mutual fund and obhospodařovateli
the obligation to accept such a proposal arise "shall be replaced by the words" in the Court of
or claim compensation for injury, and not later than within a period of 6 months from the date of
When he reached the obhospodařovateli proposal on conclusion of the contract referred to in paragraph
1. "
101. In section 147, paragraph 3 is deleted.
102. In paragraph 150. 1 the word "created" is deleted.
103. In article 150, the following paragraph 4 is added:
"(4) the provisions of section 1454 of the civil code, for the investment fund as
the Trust Fund shall not apply. ".
104. Article 154, paragraph 2, the following paragraphs 3 and 4, which
added:
"(3), the Director of the joint-stock company with basic variables
capital, which is the investment fund under section 9 (2). 1,
business executives in its entirety. Only its statutory Director also
Specifies the basic focus of the business management.
(4) the competence of the general meeting of a public limited company with variable
share capital belongs to the choice and the appeal of the Director,
as well as the approval of its contracts for the performance of its functions, including the changes. ".
The former paragraph 3 shall become paragraph 5.
105. In paragraph 154. 5 the first sentence, after the word "agent", the words
"credentials or agents".
106. In paragraph 156. 1 (a). g), the words "the lowest amount of
capital investment for the purposes of the suspension of the sale of the shares and "
shall be deleted.
107. In section 158, paragraph. 2 the word "basic" is replaced by "fundamental".
108. In paragraph 163. 1 the words "subscribe for the shares of the investment can be just"
replaced by the words "Investment shares they subscribe".
109. In article 163, paragraph 4 shall be deleted.
110. In paragraph 170. 1, the words "the shares of the shareholders, who shall be responsible for its
the debts of a limited, are represented by the investment leaves "shall be replaced by the words
"at least one companion for her debts does not guarantee" and at the end of paragraph
added the sentence "the Shares of limited partners in a limited partnership investment
the leaves are represented by the investment leaves. ".
111. Article 170 paragraph 1 the following paragraph 2 is added:
"(2) the company includes the designation" limited partnership on
investment leaves ", which may be replaced by the abbreviation ' com. spol. on
invest. the leaves "or" k. s. i. l. ".".
Paragraph 2 becomes paragraph 3.
112. In the title of § 171 section 171 and paragraph. 1 to 3, the words "investment
the leaves "shall be replaced by" shares ".
113. In section 171, paragraph. 2 the second sentence, the words "the company may issue
investment list for each share of ' shall be replaced by the words "shall issue to the company
investment list for each share, or issue a bulk list of investment;
the social contract also contains an indication of investment worksheet, which
the share represented by ".
114. In section 171, paragraph. 4, the word "To" is replaced by "Modifies the
the social contract various types of shares into "and at the end of paragraph
added the phrase "Court, who leads the business registry, disables
the public and the information about the komanditistech contained in the social contract
a limited partnership investment lists based in a collection of documents.
In addition to the cases provided for in a special law can a copy of the
the social contract, including data on komanditistech to receive just one who
It has a legitimate interest. ".
115. In section 172, paragraph. 1, in the introductory part, the word "documentary" is deleted,
the end of the text of subparagraph (d)) shall be added the words "and paid up part of this
deposit to the date of the issue of the investment and the worksheet "and the letter e) shall be deleted.
Letter f) is renumbered as paragraph (e)).
116. Article 172, paragraph 2 reads:
"(2) the investment list cannot be issued as paper zaknihovaný.".
117. In section 172, the following paragraph 3 is added:
"(3) when presented with a sheet on it investment limited partnership on
indicate the current level of investment leaves paid-up part of the deposit, if different
from the information referred to in paragraph 1 (b). d).“.
118. section 174:
"§ 174
(1) the social contract limited partnership on investment leaves can
the transferability of investment leaves to limit, but not eliminate it.
(2) for the transfer of investment worksheet shall apply mutatis mutandis to section 210 of the Act also
the legal standards governing commercial companies and cooperatives ".
119. § 175:
"§ 175
(1) If a limited partner or other person, the obligation to dispose of the investment
sheet of limited partnership on investment leaves it within the time limit,
designed by partnership agreement, or within a time limit to do so in a written
the call to determine the komplementář or the liquidator.
(2) investment leaves that were not disposed of within the period referred to in paragraph 1,
komplementář or the liquidator declared invalid. The Declaration
the invalidity of the investment shall be published on the leaf website
society. ".
120. In § 178 odst. 1 the comma after the word "or" is deleted.
121. In paragraph 181. 1 the words "However, for the reasons given by" shall be replaced by the words
"for reasons that are listed".
122. In section 181 paragraph 4 is added:
"(4) the exclusion of the komplementáře is the effective entry of another komplementáře into the
a limited partnership investment leaves. Do not enter if you change the
the social contract entering komplementář to a limited partnership
on the investment in the time specified in the decision on the exclusion of
komplementáře, but not later than within 3 months from the date of adoption of this
the decision shall enter a limited partnership investment leaves the end of the
such periods into liquidation. To enter another komplementáře with the consent of the
excluded komplementáře is not required. ".
123. § 182:
"§ 182
(1) unless something else from the social contract, the reason for
cancellation of a limited partnership investment leaves is not a termination of participation
under in the company.
(2) Death or dissolution passes under its share in the limited partnership
the company on investment leaves on an heir or successor in title.
The social contract may move investment worksheet disable or
limit.
(3) a limited partner of a limited partnership cannot on investment leaves
get off or cancel their participation notice, unless the social contract
specifies otherwise.
(4) komplementáře is the effective entry of another komplementáře into the
a limited partnership investment; This is true even for testimony
komplementáře. The emergence of komplementář and komplementář, which set aside the
his testimony, has brought the same obligations to partners with unlimited liability,
What has excluded komplementář. ".
124. the following section shall be added to § 182 182a, which including the title:
"section 182a
Submission of the investment worksheet
(1) without delay after the demise of the participation in the company under
without legal successor shall surrender this limited, the heir or legal
a successor, assignee, where applicable, the company's investment list.
(2) the right to payment of the settlement of the share or a share of the liquidation
the balance sheet is formed komanditistovi appliance investment limited partnership
the company on investment leaves, otherwise by posting the statement of his
nullity under section 175, paragraph. 2.
(3) Individual investment limited partnership on investment worksheet worksheets
or the liquidator shall forthwith destroy. ".
125. In section 185, paragraph. 2, after the word "marked", the words "for the purposes of
his speeches ".
126. Article 186 paragraph 1 reads:
"(1) a limited partner cannot guarantee of a limited partnership
to withdraw or cancel your participation notice, unless the social contract
specifies otherwise. ".
127. In paragraph 188. 3, the word "associated", the words "or with which the
related ".
128. In paragraph 197. 3 of the introductory part of the provisions, the words "in relation to the
It "shall be deleted.
129. In paragraph 197. 3 (b). and), the words "this"
replaced by the words "by that person".
130. In section 198 paragraph. 2, the words "and 4 ' shall be deleted.
131. In § 203 paragraph 2 is added:
"(2) who gets a share of the voting rights of the investment fund,
obligation to make a take-over bid does not arise under the law governing the
takeover bids. In this context, nor do not arise in this or other
the person of the obligations incumbent on them otherwise when a takeover bid law
governing takeover bids. "
132. In section 206, paragraph. 1, the first sentence shall be replaced by the phrase "collective Fund
the investment must not issue warrants ".
133. In section 206, paragraph 1 the following paragraph 2 is added:
"(2) the Fund is a collective investment undertaking may issue a bond or security
or zaknihovaný paper, with which it is associated the right to repayment of the
the due amount, the conditions under which you can take on this account
Fund a loan. This also applies in the case where such securities or
dematerialised securities issued on the account of the Fund of collective
investing. ".
Paragraph 2 becomes paragraph 3.
134. In section 206, paragraph. 3 the words "quiet of the community" shall be replaced by
"silent company".
135. In section 207 for the letter a), the following new subparagraph (b)), which read:
"(b)) induced obstacle arising independently of the will of the managers,
If this change does not significantly different to the way the investment of this
the Fund ".
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
136. In section 207, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) a change made in contravention of paragraph 1 shall be disregarded.".
137. In section 208 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Court, on a proposal from the Czech National Bank or whoever it is
legitimate interest, to cancel the collective investment fund, which has a legal
the form of a joint stock company, is less than if the funded capital of at least
the amounts referred to in paragraph 1. Before the decision, the Court shall provide the
collective investment fund of a reasonable deadline to rectify the situation. ".
138. In the introductory part of the provisions of section 209, the word "determines" the following Word
"in particular".
139. In subparagraph (d) of section 209) and e) are added:
"(d)) share of results of an investment fund or its parts
before tax, or
(e) a combination of the methods referred to in points) and) to (d)). ".
140. In the introductory part of section 210 of the provisions, the words "referred to in § 9 (2). 1 "
shall be deleted.
141. In section 210 (a). (b)), the words "the costs associated with the implementation of
the administration of the Fund, in particular, the remuneration paid by its
the administrator or the depositary "shall be deleted.
142. In section 210 (a). (c)), the words "its managers, administrator,
the depositary, the main proponent, auditor or any other person for
This Fund provides the services "shall be deleted.
143. In section 215, paragraph. 2 in the introductory part, the words "the requirements of the provisions on
qualitative criteria ' shall be replaced by the words "requirements for quality", in
(a) the introductory part of the provision), the word "rules" shall be replaced by
"the rules", in subparagraph (b)), the word "techniques" shall be replaced by the word "techniques"
and (c) above), the word "limits" shall be replaced by the word "limits".
144. In section 215, paragraph. 3 and § 284 paragraph. 4, the words "other legislation"
replaced by the words "Government regulations governing investment of investment
the funds and their management techniques ".
145. Article 215, paragraph 5 is added:
"(5) for the purposes of calculating the investment limits, limits for the total exposure and
other limits arise from the status of collective investment fund
or from government regulations governing investment of investment funds and
techniques to their management, the bond or security
or zaknihovaný paper, with which it is associated the right to repayment of the
amount due, issued by collective investment fund, seen as
credit received for the account of the Fund. The provisions of section 206, paragraph. 2 the second sentence
shall apply mutatis mutandis. ";"
146. section 217 is hereby repealed.
147. In section 220, paragraph. 1 (a). I), the word "charged" is replaced by
the "charged".
148. In section 220, paragraph. 1 (a). (j)), after the word "of" is inserted after the word "options" and
at the end of the text of the letter j), the words "in the case of an
information about the credentials of another, involved, and ".
149. In section 225, paragraph. 4, after the words "the Statute Fund of collective
the investment "is the word" always ".
150. In section 238, paragraph. 1 the words "and (f))" shall be replaced by ", f), and (j))".
151. In paragraph 241. 1 (a). (f)), point 3, the words "foreign special
the Fund "shall be replaced by the words" foreign investment fund comparable to the
a special fund ".
152. Article 241, paragraph. 1 (a). q) with the word "If" is replaced by
"if they are".
153. In paragraph 247. 2 the word "similar" shall be replaced by the word "comparable"
and the word "similar" shall be replaced by the word "comparable".
154. In paragraph 255. 1 (a). to) the number "1" is replaced by "2".
155. In paragraph 255. 1 (a). n) for the word "compliance" shall be inserted after.
156. In § 264, paragraph 2 shall be deleted and shall be deleted at the same time indication
of paragraph 1.
157. In section 265, paragraph. 1 the introductory part, the words "in accordance with the provisions of paragraph
2 "shall be replaced by the words" its operation or its further sale ".
158. In section 265, paragraph 2 shall be deleted and shall be deleted at the same time indication
of paragraph 1.
159. In section 266, paragraph. 1, the words ' and interpreters ' shall be deleted.
160. In section 272 paragraph. 1 the introductory part, the words ' the provisions of the securities
or book-entry "shall be replaced by the word" local "and the word" contractually
be "shall be replaced by the words" have contracted acquired ".
161. In section 272 paragraph. 1 (a). and (b), the words "). and) to p) "are deleted.
162. In section 272 paragraph. 1 letter e) is added:
"(e)) a person exercising the activity referred to in section 2 (a). b),“.
163. In section 272 paragraph. 1 (a). (h)), the words "Fund of qualified investors
or a comparable foreign investment fund, which "shall be replaced by
the words "investment fund" and the words "such other funds"
replaced by the words "these funds, as well as the assets managed
under section 11 (2). 1 (a). (c)), manages to be the same
obhospodařovatel such as this Fund, ".
164. In section 272 at the end of paragraph 2 the following sentence "regardless of the
paragraph 1 for qualified investor shall be considered in relation to this
Fund of qualified investors of its statutory authority, a member of his
the statutory authority and owner of the founders ' shares issued by this Fund,
that is not the owner of the investment shares issued by the Fund. ".
165. In section 272 paragraph 2, the following paragraph 3 is added:
"(3) if someone acquired the participating securities issued by the Fund
qualified investors or participation in the Fund of qualified investors
in contrary to paragraph 1, or if someone is the founder or the Pacific
a partner Fund of qualified investors, or the one who increases the
assets of the Fund for qualified investors in the Treaty, in contravention of paragraph
1, shall be disregarded. ".
Paragraphs 3 to 5 shall be renumbered as paragraphs 4 to 6.
166. In section 272 paragraph 5 is added:
"(5) denies that the amount of the deposit or investment as a result of the negotiations
qualified investor has fallen below the minimum level laid down in the
paragraph 1 (b). h) or (i)). The possibility of a qualified investor stop
to be a qualified investor fund of qualified investors by not
prejudice. ".
167. In section 273, paragraph. 1 with the number "5" shall be replaced by the number "6".
168. Article 274, paragraph. 2, the words "before" shall be replaced by "without
undue delay after the formation of ".
169. In paragraph 277. 1, the words ", and the majority of the votes of the other members"
shall be deleted.
170. In § 278 paragraph. 2 the semicolon shall be replaced by a dot and the word "to"
replaced by the word "to".
171. Article 279, paragraph. 3 the first sentence is part of a sentence for a semicolon, including
the semicolon is repealed.
172. the following section shall be added to § 283 283a, which reads as follows:
"section 283a
For the Fund for qualified investors with § § 212 to 214 shall apply mutatis mutandis.
Where the provisions invoked by the publication on the Internet
the website of the Fund, it is enough to make even their other investors. "
173. In § 284 paragraph. 2 the words "the requirements on the qualitative criteria
the rules "shall be replaced by the words" the qualitative requirements of the rules ", the word
"techniques" shall be replaced by the word "techniques" and the word "limits" shall be replaced by
the word "limits".
174. section 286 shall be deleted.
175. Article 291, paragraph. 1 the words "and (b))" shall be replaced by ", (b) and (j)))".
176. In paragraph 293. 1 and 2, the words "information about the Czech Republic
the offered investments "shall be replaced by the words" the offering of investment ".
177. the following section shall be added to § 295 295a, including title:
"section 295a
Offering publicly and otherwise than in public
(1) an investment in an investment fund or an investment in a foreign
the Fund can offer in the Czech Republic only under the conditions set
This Act and only if this Fund is registered in the list of
maintained by the Czech National Bank; This is without prejudice to § 305, paragraph. 1.
(2) Offer in the Czech Republic the investments into an investment fund or to the
foreign investment fund for those who are not qualified
investors, otherwise than in public (private placement) can be used only when the
If such investments in the Czech Republic can offer publicly, or
the number of such persons does not exceed a 20. ".
178. In section 296, the words "offer and publicly" is replaced by "publicly
offer "and the word" when "is added after the word" public ".
179. In section 297 paragraphs 1 and 2 shall be added:
"(1) investment in foreign investment fund comparable to
a special fund in the Czech Republic can offer other than
qualified investors only if it is obhospodařovatel
This Fund shall be entitled to exceed the limit, the decisive is the obligation
provided for in § 306, paragraph. 1, and the Czech National Bank shall issue a decision in accordance with
of paragraph 3. For the fulfilment of the obligations provided for in § 306, paragraph. 1 in this
the case of § 306, paragraph. 2 shall apply mutatis mutandis.
(2) if there is no obhospodařovatel of the Fund referred to in paragraph 1 shall be entitled to exceed the
a determined limit, or if decided by the Czech National Bank pursuant to paragraph
3, shall apply to the offering of investments referred to in paragraph 1, section 296 analogy. ".
180. In section 297, paragraph. 3 the word "whether" is replaced with "that".
181. In paragraph 300. 1 the words "§ 511" shall be replaced by the words "§ 597 (f). and)
or (b)) ".
182. In section 305, paragraph. 1, the second sentence shall be replaced by the phrase "the Czech National Bank
writes a foreign investment fund to the list under section 597 (f). (d))
undue delay after receipt from the supervisory authority of the home State
This fund documents comparable to the documents referred to in Section 303, paragraph. 2. ".
183. In paragraph 306. 1 (a). and), the words "the issue and" are deleted.
184. In section 309 and section 317, paragraph. 1 the words "503 or 513" shall be replaced by the words
"597".
185. At the end of section 309, the following sentence "in the case of foreign investment
the Fund shall be used for the content of the application for registration in the list of section 312, paragraph. 2
Similarly,. ".
186. In § 310 and section 315 paragraph. 2, the words "or 513 503" shall be replaced by the words
"(a) 597. and (b))), (c) or (d))) ".
187. In section 310, the word "comparable" shall be deleted, the words "of the investment
the Fund "shall be inserted after the words" comparable with a special fund or with the
the Fund for qualified investors "and the word" obhospodařovatel "
the words "established in the Czech Republic".
188. In section 310, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) an investment in a foreign investment fund comparable to
a special fund or Fund of qualified investors, whose
the home Member State is the Member State, which manages
obhospodařovatel, which does not have the authorization of a supervisory authority of another Member
the State authorizing it to exceed the determined limit, established in another
Member State, can offer in the Czech Republic from the date when the
This Fund is entered in the list maintained by the Czech National Bank in accordance with § 597
(a). d).“.
189. Section 315 at the end of paragraph 1, the following sentence "the Czech National Bank
writes a foreign investment fund to the list under section 597 (f). (e))
undue delay after receipt from the supervisory authority of another Member
State documents comparable to the documents referred to in section 313, paragraph. 2. ".
190. In section 316, paragraph. 1, after the word "obhospodařovatel", the words ",
that exceeds the limit, the decisive ".
191. In section 316, paragraph. 2 of the introductory part of the provisions of § 318 paragraph. 2 opening
part of the provisions, section 319, paragraph. 2 of the introductory part of the provisions of, section, paragraph 320. 2
the introductory part of the provisions of Section 322, paragraph. 4, section 324, paragraph. 2 the introductory part
the provisions and paragraph in section 325. 2, after the words "to (d))", the words "or e)".
192. In section 317, the following paragraph 4 is added:
"(4) investment in foreign investment fund comparable to
a special fund or Fund of qualified investors, whose
the home Member State is the Member State, which manages
obhospodařovatel is located in a State which is not a Member State, that
does not have the authorization referred to in section 481 or comparable authorization granted by authority of the
supervision of another Member State, in the Czech Republic can offer
the date on which the Fund is registered in the list maintained by the Czech national
the Bank under section 597 (f). d).“.
193. In paragraph 318. 1, § 319 paragraph. 1, § 320 paragraph. 1, section 324, paragraph. 1 and section
paragraph 325. 1, the words "paragraph 2" shall be replaced by the words "§ 597 (f). (d)) or
(e)) ".
194. In paragraph 318. 6 the second sentence, after the words "certifying" the following Word
"meet".
195. Article 322, paragraph. 3, the words "paragraph 4" shall be replaced by the words "§ 597 (f).
d) or (e)) ".
196. In the title of § 323, the words "the investment company's unauthorized"
replaced by the words "managers based in the Member State of
unauthorized ".
197. In § 323, the words "investment company unauthorized" shall be replaced by
the words "obhospodařovatel with its registered office in a Member State, an unauthorized" and the word
"§ 503" shall be replaced by the words "§ 597 (f). (d)) ".
198. In section 324, paragraph. 1, after the word "obhospodařovatel" shall be replaced
"exceeding the determined limit".
199. In paragraph 325. 3 the semicolon shall be replaced by the phrase "dot and the provisions of section
paragraph 315. 1 the second sentence shall apply mutatis mutandis. "and the words" these investments "
replaced by the words "the investment according to the first sentence".
200. In paragraph 325. 4, the words "paragraph 5" shall be replaced by the words "§ 597 (f).
d) or (e)) ".
201. the following section is inserted after section 325 325a, including title:
"section 325a
In the case of managers, headquartered in a State which is not a Member
State, shall not exceed the limit or the limit determined determined
not exceeding, in the case of a public offering in the Czech Republic
Investment in a foreign investment fund, whose home State
It is not the Member State which manages the obhospodařovatel based in the
State which is not a Member State, which has a permit under section 481 or
comparable Supervisory Authority authorisation issued by another Member State and
that does not exceed the limit, can be decisive in the Czech Republic offer
the date on which the Fund is registered in the list maintained by the Czech national
the Bank under section 597 (f). d).“.
202. In § 328 paragraph. 1, after the word "Fund", the words ", or
If as a legitimate obhospodařovatel exceed the determined limit
to perform any of the activities referred to in section 11 (1). 1 (a). c) to (f)) or
under section 11 (2). 6 (a). and) ".
203. In § 328 paragraph. 2 at the end of the text of the letter b), the words ",
for example, if the notifier intends to carry out the administration of the foreign
Investment Fund ".
204. In section 329, paragraph. 4 and in section 333, paragraph. 4, the words "information and" are deleted.
205. In section 329, paragraph. 6, after the word "investors", the words "or
to perform any of the activities referred to in section 11 (1). 1 (a). c) to (f)) or
under section 11 (2). 6 (a). a),“.
206. the heading of section 330, including:
"section 330
The emergence of the permissions
(1) investment company authorized to manage standard and
comparable foreign investment funds can start by
the branch to manage foreign investment fund comparable to the
the standard Fund and, possibly, to perform the other activities referred to in
notification according to § 328 paragraph. 2 (a). (b)) in the host State the date when the
her supervisory authority of the host State shall communicate that information obligations
must fulfill, or after the expiration of 2 months from the date when the Czech national
the Bank pursuant to section 329, paragraph. 4 report on the transmission of data of a supervisory authority
of the host State.
(2) the investment company is entitled to exceed the determined limit and
foreign person with permission according to § 481, which is not comparable with the
Government Investment Fund, may start through a branch
to manage foreign investment fund comparable to the Special
the Fund or with the Fund for qualified investors, or to exercise any
from the activities under section 11 (2). 1 (a). c) to (f)) or under section 11 (2). 6
(a). and, where appropriate, to carry out), and the other activities referred to in the notice referred to in
§ 328 paragraph. 2 (a). (b)), from the day when the Czech National Bank pursuant to section 329
paragraph. 4 report on the transmission of data of a supervisory authority of the host
State. ".
207. In section 332 paragraph. 1, the words ", to perform the external administration
the investment of the Fund or provide investment services ' shall be deleted.
208. § 334 including title:
"§ 334
The emergence of the permissions
(1) investment company authorized to manage standard and
comparable foreign investment funds may start to exercise the activities
specified in the notice in accordance with § 328 paragraph. 2 (a). (b)) in the host State
from the day when the Czech National Bank pursuant to section 333, paragraph. 4 report on
transfer of data the supervisory authority of the host State, or after
the expiry of the period referred to in section 333, paragraph. 1.
(2) the investment company is entitled to exceed the determined limit and
foreign person with permission according to § 481, which is not comparable with the
Government Investment Fund, may start without a branch location
to manage foreign investment fund comparable to the Special
the Fund or with the Fund for qualified investors, or to exercise any
from the activities under section 11 (2). 1 (a). c) to (f)) or under section 11 (2). 6
(a). and, where appropriate, to carry out), and the other activities referred to in the notice referred to in
§ 328 paragraph. 2 (a). (b)), from the day when the Czech National Bank pursuant to section 333
paragraph. 4 report on the transmission of data of a supervisory authority of the host
State. ".
209. In section 339 (c). and), the words "of the Czech National Bank run" are replaced by
the word "her" and after the word "activities" with the words "the information
that this supervisory authority handed the Czech National Bank ".
210. Article 344 paragraph. 1 introductory part of the provisions for the word "investor"
the words ", or is based one of the activities referred to in section 11 (1).
1 (a). c) to (f)) or under section 11 (2). 6 (a). and) ".
211. In paragraph 344. 2 the word "c) ' shall be replaced by" b ").
212. Article 344 paragraph. 3, after the words "investors", the words ", or
in the performance of any of the activities referred to in section 11 (1). 1 (a). c) to (f)) or
under section 11 (2). 6 (a). a),“.
213. In paragraph 351. 2 (a). (b)), the words "repeatedly or seriously
"shall be replaced by" seriously or repeatedly ".
214. In section 352 is at the end of paragraph 1, the following sentence "if appointed Czech
the National Bank of the liquidator, is this also, who
called. ".
215. the heading of § 361 is hereby repealed.
216. In § 361 is the existing text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the investment fund referred to in section 9 (2). 1 shall be repealed with the liquidation and
the liquidator appointed by the Czech National Bank, if its
obhospodařovatel cancelled with the liquidation, or conferring privileges
to manage this Fund, and
and the Czech National Bank decided) within 3 months from the date on which the competent
authority managers decided on its liquidation, transfer
the management of this Fund to the other managers and
(b)), this Fund is a joint stock company with variable capital,
or a limited partnership company on investment leaves. ".
217. In section 368 at the end of paragraph 1, the following sentence "If the joint-stock
company with variable capital create sub-funds shall be determined in
the decision, to which the Sub-or podfondům, these investment
shares issued. ".
218. In paragraph 369. 1 the comma after the word "capital" is deleted.
219. In § 371, paragraph. 2, § 372 paragraph. 3 and § 515, the word "If"
replaced by the word "If".
220. Section 373 of the first sentence, after the words "personalities" and the words "mutual
the Fund "shall be inserted after the words" that is the standard Fund ".
221. In section 375 (a). (b)), the word "Bank", the words "within 3 months
the date on which the competent authority decided on the abolition of managers
managers with the liquidation, ".
222. In section 396, paragraph. 2, the words "of the share certificate or" shall be deleted.
223. In section 408, the words "collective investment fund" shall be replaced by the words
"investment fund".
224. In section 413, paragraph. 1, 2 and 4 (c)) or "shall be deleted.
225. Article 416, paragraph. 1 (a). and the word) "and" Word
"proposed".
226. In section 435, paragraph. 1 the word "expiry" shall be replaced by "after the
the closing ".
227. In section 456, the words "of the Fund" shall be deleted.
228. In section 463, paragraph. 2 of the introductory part of the provisions for the word "Bank"
the words "data".
229. In paragraph 463. 2 (a). and (b))) and the words "data" shall be deleted.
230. In section 463, paragraph. 2 (a). and) point 3, the comma shall be replaced by "and".
231. In paragraph 463. 2 (a). (b)) for the word "funds", the words "and
foreign investment funds ".
232. In § 467, the following paragraph 5 is added:
"(5) Obhospodařovatel investment fund or foreign investment
the Fund shall notify the change to the Czech National Bank in the person of the administrator. ".
233. In the title of § 476, the word "Director" shall be deleted and the end of the title
the words "with the previous consent of the Czech National Bank for the performance of
function ".
234. In section 476, the words "the person or the person performing the function
According to § 21. 5 "shall be replaced by the words" the person referred to in section 515 ".
235. In § 479, paragraph. 1 (a). (f)), the words "equity" are replaced by
the words "transparent and safe, and that the origin of the capital" and at the end of the text
subparagraph (f)), the following words ", and which will be located in accordance with the
the rules for the location of the capital (§ 32). "
236. In § 479, paragraph. 1 (a). (f)), and (b) in section 482. (f)), the words "all
indications are that it will be "shall be replaced by the words" do not arise reasonable grounds for concern that the
It will not ".
237. In § 479, paragraph. 1 (a). (h)), the word "exposes" shall be replaced by the words
"not the reason to worry is that it will not be made available."
238. In § 479, paragraph. 1 for the letter i) the following point (j))
added:
"(j)), certify the prerequisites under section 507, paragraph. 1, intends to do
one of the activities referred to in section 11 (1). 1 (a). (c) to (f))) ".
Subparagraph (j)) and to) are known as the letters k) and (l)).
239. In § 479, paragraph. 2, introductory part the provisions of:
"The Czech National Bank has granted permission to the activities of investment companies,
If only qualified to manage venture capital funds
in accordance with article 3 (b). (b)) usable code directly in the European Union
relating to the European venture capital funds ^ 7), qualified funds
social entrepreneurship in accordance with article 3 (b). (b)) usable
the European Union's regulation governing the European social funds
Business ^ 9) or comparable foreign investment funds, also on
the request of the joint-stock company, or at the request of the founder or founders
joint-stock company before the day of its registration in the commercial register,
If its registered office and head office is or should be in the Czech Republic,
and ".
240. In section 480 paragraph. 1 (c)) shall be deleted.
Existing subparagraph (d)) to (f)) are renumbered as paragraphs (c) to (e)).)
241. In section 480 paragraph. 1 (a). (c)), the word "Administrator" is deleted.
242. In section 480 paragraph. 2 (b)) shall be deleted.
Former points (c) to (f))) are renumbered as paragraphs (b) to (e)).)
243. In paragraph 480. 3 of the introductory part, the words "provisions under section 15(2).
1 "shall be replaced by the words" entered in the list maintained by the Czech National Bank
in accordance with section (a) 596. (f)) ".
244. In paragraph 481. 1 for the letter i) the following point (j))
added:
"(j)), certify the prerequisites under section 507, paragraph. 2, intends to do
one of the activities referred to in section 11 (1). 1 (a). (c) to (f))) ".
Subparagraph (j)) and to) are known as the letters k) and (l)).
245. Article 484, paragraph. 1 the word "h)" shall be replaced by ", i); However, unless the
in the course of the proceedings on the request shown under section 479 prerequisites
paragraph. 1 (a). and (b))) and (j)), the Czech National Bank shall reject the application. "
246. Article 484, paragraph. 2 the word "j)" shall be replaced by ")".
247. In paragraph 485. 1, point (b)) the following new point (c)), which
added:
"(c)) to perform administration
1. the standard funds,
2. foreign investment funds comparable to the standard Fund
3. special funds
4. foreign investment funds comparable special fund
5. the funds for qualified investors, with the exception of the qualified funds
risk capital in accordance with article 3 (b). (b) a directly applicable regulation)
The European Union governing the European venture capital funds ^ 7) and
qualified social entrepreneurship Fund referred to in article 3 (b). (b))
directly applicable provision of the European Union relating to European funds
social entrepreneurship ^ 9), with a resolution, whether it is their obhospodařovatel
entitled to exceed the determined limit,
6. foreign investment funds comparable to the Fund
qualified investors, with the exception of foreign investment funds
comparable with qualified venture capital fund, in accordance with article
3 (b). (b)) usable directly relating to the regulation of the European Union
the European venture capital funds ^ 7) and foreign investment funds
comparable with a qualified social entrepreneurship Fund referred to in article
3 (b). (b)) usable directly relating to the regulation of the European Union
European funds of social entrepreneurship ^ 9), with a resolution, whether it is their
obhospodařovatel entitled to exceed the determined limit,
7. qualified venture capital funds referred to in article 3 (b). (b))
directly applicable provision of the European Union relating to European funds
venture capital ^ 7),
8. foreign investment funds comparable to the qualified
venture capital fund referred to in article 3 (b). (b)) usable
the European Union's regulation governing the European venture
capital ^ 7),
9. qualified social entrepreneurship Fund referred to in article 3 (b). (b))
directly applicable provision of the European Union relating to European funds
social entrepreneurship ^ 9), or
10. foreign investment funds comparable to the qualified
social entrepreneurship Fund referred to in article 3 (b). (b)) usable
the European Union's regulation governing the European social funds
Business ^ 9) ".
Former points (c) and (d))) shall become points (d) and (e)).)
248. In section 485, paragraph. 1 (a). (d)) the introductory part of the provisions of the words
"to carry out the Administration with a resolution, whether it is entitled to", and comma deleted.
249. In paragraph 485. 1 (a). (d)) at the end of the text of points 5 and 6 are added
the words "with the resolution, whether it is their obhospodařovatel shall be entitled to
exceed the determined limit ".
250. In section 485, paragraph. 1 (a). e), the words ", and which of these activities is
entitled to exercise for other ' shall be deleted.
251. In section 486 of paragraph 1. 1 (b)):
"(b)), a special fund of Fund of the standard, the qualified pool
qualified investors, venture capital fund referred to in article 3
(a). (b)) usable directly relating to the regulation of the European Union
the European venture capital funds ^ 7) or qualified Fund
social entrepreneurship in accordance with article 3 (b). (b)) usable
the European Union's regulation governing the European social funds
^ 9) and business ".
252. § 487:
"§ 487
In the scope of the decision on grant of authorisation under section 482, Czech National Bank
indicate whether the main administrator is entitled to
and Administration)
1. special funds
2. foreign investment funds comparable special fund
3. funds for qualified investors with a resolution, whether it is their
obhospodařovatel entitled to exceed the determined limit, or
4. foreign investment funds comparable to the Fund
qualified investors with a resolution, whether it is their obhospodařovatel
entitled to exceed the determined limit, and, where appropriate,
(b)) to perform activities referred to in section 38, paragraph. 2 (a). and) or (b)) in respect of
to
1. special funds
2. foreign investment funds comparable special fund
3. funds for qualified investors, or
4. foreign investment funds comparable to fund qualified
investors. ".
253. In section 488, paragraph. 1 (a). and) the words "or senior persons" shall be replaced by
the words "or of the person in accordance with § 21. 5. "
254. Section 500 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the procedure referred to in paragraph 1 shall also apply to the additional authorisation under
§ 507. ".
255. Article 502, the words "on whose" shall be replaced by the words "the fact on the
whose "and" number "is added after the comma 481.
256. In section 505 the number "513" is deleted.
257. section 506:
"§ 506
(1) the Czech National Bank will decide on the deletion of the list maintained pursuant to
This Act, in the case of
and the investment company if) she was withdrawn authorisation for activities
investment companies,
(b)) managers located in a foreign State, if he died
permissions to manage investment fund,
(c)) the main administrator, when he was withdrawn authorisation for activities
the main administrator,
(d)), the administrator is located in a foreign State, if he died
permission to perform administration of investment fund,
e) depositary of an investment fund, if
1. investment fund activity depositary for more than 24 months,
2. If it does not have created the preconditions for the fulfilment of the obligations of the depositary
Investment Fund, or
3. on the request and at the time of submission of the application does not perform the activities of the depositary
Investment Fund,
(f)) of the person referred to in section 15, paragraph. 1, if you ceased to be a person in accordance with section
15 paragraph. 1, which is required to be registered in the list,
(g)) of the person who may be appointed as the liquidator of an investment company,
collective investment fund with legal personality and capital
the administrator or receiver of the investment company and the Fund
collective investment undertakings with legal personality, if
1. without serious reasons, withdrew from the functions of the liquidator or of forced
the administrator,
2. seriously or repeatedly breached its obligation arising from the function
the liquidator or receiver,
3. does not meet the statutory conditions for registration to the competent
the list, or
4. it has requested, and at the time of submission of the application does not perform the function of liquidator
or receiver.
(2) the deletion referred to in paragraph 1 shall decide, Czech National Bank
and at the date of acquisition) the decision concerning the withdrawal of authorizations
This person,
(b)) at a later date referred to in the decision concerning the withdrawal of authorizations
This person, or
(c)) to another day, for example, the date proposed by the who about the deletion of the
asked. ".
258. under section 506 the following new section 506a and 506b:
"§ 506a
(1) the Czech National Bank also decides to exclude from the list maintained by the
under this Act, in the case of an investment fund or foreign
Investment Fund, if
and) asked obhospodařovatel this Fund or the one who has
legitimate interest, and the conditions are met, which in the context of the
the termination of its activities in the Czech Republic under this law,
(b)) does not on its activities for more than 6 months,
(c)) has not, within 90 days from the date when it was entered in this list, filed
for registration in the commercial register, or if it was not this
the proposal has been accepted,
(d)), it became clear that the list was made on the basis of the
false or incomplete data,
e) fulfil the conditions arising from this Act,
(f)) was withdrawn authorization for the activities of the Government Investment Fund,
and this Fund does not have a State investment fund referred to in section 9,
g) to transform the Government investment fund under section 363,
(h)), it became clear that the investment fund referred to in section 9
1. the individual does not have the statutory authority and
2. its obhospodařovatel not longer than 6 months of the authorisation to
management of the investment fund,
I) has lapsed,
(j)) is not longer than 3 months, or the depositary
to) for other reasons arising from this Act.
(2) the deletion referred to in paragraph 1 shall decide, Czech National Bank
and on the date of demise) investment fund with legal personality, the relocation
registered office abroad or on the date of the changes to business investment
the Fund, with legal personality,
(b) on the date of demise), mutual fund or the conversion of foreign investment
the Fund at the date of distribution or winding-up of the balance,
(c) the date on which the Administration) to the Trust Fund, the Trust Fund of the conversion
the foreign investment fund or to the date on which the trustee
asked about the end of the administration of the Trust Fund,
(d) the date of the change) the legal form of investment fund, as a result of which the
at the same time is written to another list under section 597 (f). and (c))), or
(e)) to another day, for example, the date proposed by the who about the deletion of the
asked.
section 506b
(1) the Czech National Bank will decide on the deletion of a list maintained by
This Bill, if it were established fact, that the implementation of deletion
so warrant.
(2) in cases under section 506 the deletion of paragraph 1. 1 (a). and (d)), to), and (f)) and article 506a
paragraph. 1 (a). and (c))), f), (g)) and i) with decision in writing is not made out. ".
259. In section 508, paragraph. 1, section 508, paragraph. 2 (a). and) point 1 and section 508, paragraph. 2
(a). (b)) for the word "company", the words ", the main
the administrator ".
260. In section 508, paragraph. 2 (a). and (2)) for the word "company" shall be
the words ", the main administrator."
261. In paragraph 509. 1, after the word "company", the words "authorized to
to manage collective investment fund ", the words" or to dominate
other legal persons "shall be deleted and the second sentence shall be deleted.
262. In paragraph 2 of section 509:
"(2) the Czech National Bank has given its consent in accordance with paragraph 1, if the
and investment company) has become indefinitely liable partner
companies or other legal persons, or
(b)) in connection with the proposed acquisition or increase of qualifying
participation in other legal person formed reasonable grounds for concern that this would
the acquisition or increase was in conflict with the requirement of sound and prudent
the performance of the activities. ".
263. In paragraph 509. 3, the words "this investment company" shall be replaced by
the words "of the investment fund or the registration of the investment fund
to the list ".
264. In section 511, paragraph. 2 (a). and) point 1, the words "all indications are that the
obhospodařovatel has a "shall be replaced by" not the reasonable grounds for concern that the
obhospodařovatel does not have. "
265. In the second subparagraph of section 513. 1, point (b)) the following new point (c)), which
added:
"(c)) shall submit the status of investment fund".
Former points (c) and (d))) shall become points (d) and (e)).)
266. In section 514, the words "to (d))" shall be replaced by "a, c) and (e))".
267. In section 517 paragraph 2 is added:
"(2) the fact that the person concerned acts as an employee or elected
the authority for other persons within the group, in the assessment of the facts
referred to in section 516, paragraph. 1 (a). (g)). ".
268. In section 529 paragraph. 4 (b). (d)) for the word "shareholders", the words
"or of the shareholders".
269. In section 530 paragraph. 2, after the word "Fund", the words ", except where the
the case referred to in paragraph 1, second sentence, ".
270. In section 534 (a). (f)), for the word "Fund" shall be inserted the word "publicly".
271. In section 534 (a). l) for the number "2", the words "the second sentence".
272. In paragraph 545. 3, the word "day" is inserted after the word "acquisition".
273. In paragraph 549. 1 at the end of subparagraph (a)) following the word "or", in
subparagraph (b)), the word "or" is replaced by a dot and the letter c) shall be deleted.
274. In section 550, paragraph 3 is deleted.
275. In section 553, at the end of paragraph 3 the following sentence "Vykonatelností
This decision is at the same time renewing the remit of the authority authorised
otherwise, under this Act or other legislation in these
cases to decide. "
276. In paragraph 554. 2 the word "or" after the word "investment" is deleted.
277. In paragraph 558. 1 the words "autonomous collective Fund
investments "shall be replaced by" Government Investment Fund, which
the Fund is a collective investment undertaking "and the words" self-governing Fund
a collective investment undertaking "shall be replaced by" autonomous investment
the Fund, which is a collective investment fund, ".
278. In § 571 of the first sentence, the words "subject to the supervision of the Czech National Bank"
replaced by the words "subject to the supervision of the notifying authority".
279. In paragraph 576. 4 the number of the "14" is replaced by "13".
280. In section 579 (a). (j)), the number "492", the words "paragraph. 1 "and in the
(a). l) after the words "foreign investment fund", the words "
who is entitled to exceed the determined limit ".
281. In paragraph 580. 2 (a). and the word ") and" shall be replaced by the words "or
comparable "and the words" comparable with the standard Fund "
shall be deleted.
282. In paragraph 580. 2 (a). (b)), for the words "management of foreign
investment funds "shall be inserted after.
283. In paragraph 580. 5, the words "that are not the standard Fund"
be deleted and the words "foreign investment funds" are added after the words
"who is entitled to exceed the determined limit".
284. In paragraph 583. 1 (a). and the words "or) section 325, paragraph. 1 "shall be replaced by
the words "§ 321, paragraph. 1, section 325, paragraph. 1 or § 326 ".
285. In paragraph § 583. 2 (a). and (c))), after the words "investors or"
the words "to the comparable" and the words "comparable with a special
the Fund or with the Fund for qualified investors "are deleted.
286. In section 585, the words "who is entitled to exceed the determined limit,
or a comparable "shall be replaced by the word" or "after the words" foreign
Investment Fund "shall be inserted after the words" who is entitled to exceed the
the decisive limit ".
287. In paragraph 587. 1 and 2, after the word "society", the words
"eligible exceed the determined limit" and the word "Fund" shall be inserted after
the words "shall not exceed the authorized limit of decisive".
288. In paragraph 593. 1, after the word "company", the words "authorized to
exceed the determined limit ".
289. In the section at the end of the text of 596 (d)), the words ", which
farm ".
290. In section 597 (f). (c)), the word "and" shall be replaced by a comma at the end of point (a)
(d)), the dot is replaced by the words ", except in the case referred to in subparagraph (e)), and"
and the following point (e)), which read:
"e) foreign investment funds comparable special fund
or with the Fund for qualified investors, whose obhospodařovatel is
entitled to exceed the determined limit and in which investments in
The Czech Republic under the plan only offered otherwise than in public. ".
291. In paragraph 599. 1 (a). I), the words "24 and 25" is replaced by "23 to
25. "
292. In § 599 of paragraph 1. 1 (a). about), after the words "first,", the words "§
467, paragraph. 5. "
293. In § 599 of paragraph 1. 5 (a). (d)), the words "in a commercial company or other
name or designation "shall be replaced by" name ".
294. In paragraph 599. 5 (a). e), the words "trade name or other name
or the designation "shall be replaced by" his name or the name ".
295. In section 604, paragraph. 1 at the end of the letter), the word "or" shall be deleted,
the end of paragraph 1, the period shall be replaced by "or", and the following
the letter m) is added:
"m) informs the consumer before conclusion of the contract or before
the consumer shall make a binding offer, in fact according to the text
section 1843 of the civil code. ".
296. In paragraph § 604. 4 in point (b)), the word "or" shall be deleted, and in point (c))
the dot is replaced by the word "or" and the following point (d)), which
added:
"(d)) does not ensure that its name meet the requirements under section 635.".
297. In section 604, paragraph. 6 (a). and the words "or) l)" are replaced by the words "to
m) ".
298. In section 612, paragraph. 2 (a). j), the words ', which shall include the activities of
referred to in section 71, paragraph. 1.0 "shall be replaced by" referred to in section 669 (b). and)
(c)) ".
299. In section 614, paragraph. 1 (a). (f)) and in section 618, paragraph. 1 (a). (f)), the words "323
or section 325, paragraph. 4 "shall be replaced by the words" paragraph 317. 4, § 322 paragraph. 3, § 323,
section 325, paragraph. 4 or § 325a, ".
300. In section 614, paragraph. 1 (a). j) to (l)) and in section 618, paragraph. 1 (a). (j) to (l)))
the words "uses in its name or designation of the business company" shall be replaced by
the words "used in its name the words".
301. In section 614, paragraph. 1 (a). m) and in section 618, paragraph. 1 (a). m), the words
"apply" shall be replaced by the indication "to be used in its name the words".
302. In section 614, paragraph. 1 (a). n) and § 618, paragraph. 1 (a). n) the word
"apply" shall be replaced by the words "or 3", and is used at the end of the text of the letter n)
the words "or the shape is derived from one of the following indications,
as well as the mark likely to cause a risk of confusion with one of these
the designation ".
303. In section 615, paragraph. 5 and section 619, paragraph. 5, the words "person"
replaced by the words "the person referred to in section 515".
304. In section 616, paragraph. 2, after the word "that", the words "in violation of section 538
paragraph. 2 "and the words" any of the data or any of the facts referred to in section
538 paragraph. 2 "shall be replaced by the words" how to eliminate defects or
redress ".
305. In section 616, paragraph. 4 (b). and the number "5") "shall be replaced by the number" 4 ".
306. In paragraph 617. 1 the word "offence" shall be replaced by the words "administrative
tort ".
307. In § 618, paragraph. 2 the introductory part, the words ' the provisions of the administrative
tort "shall be replaced by the word" offence ".
308. In paragraph 622. 1 sentence the second number "4" is replaced by "2 sentence
the second, or in section 17(2). 3. "
309. Article 624, paragraph. 1 the second sentence, the words "or its Member" shall be deleted.
310. In § 626, the following paragraph 3 is added:
"(3) Foreign Investment Fund, which is not comparable with the standard
Fund and for which the Czech National Bank decided that is comparable to the
a special fund shall be regarded as comparable with the Fund of qualified
investors. ".
311. section 628 including title:
"§ 628
Real estate
If this law the concept of "real property" means the real thing
including its accessories. ".
312. In paragraph 634. 1 to 3, the words "in a commercial company or another name
or of the designation "shall be replaced by the words" in its name. "
313. In paragraph 634. 4, the words "the description" shall be replaced by "name".
314. In paragraph 634. 5, the words "trade name or other name or
the designation "shall be replaced by the word" Name ".
315. In section 634, the following paragraph 6 is added:
"(6) if section 634 to 636 term" name "means other
a designation used in the business, including the amendment to the name. ".
316. In section 635, the words "trade name or other name or mark"
replaced by the words "the name of the investment fund managers,
the administrator of an investment fund or ", the word" misleading "is replaced by
the word "misleading" and the word "this" shall be replaced by the words "of the
the investment ".
317. In section 636, paragraph. 1 and 2, the word "use" is replaced by the word "use".
318. In paragraph 637. 2 the word "led" replaced by the word "maintained".
319. In section 638 of paragraph 1. 3 (b). and), the word "standard" is replaced by
"investment" and the words "comparable with the standard Fund"
shall be deleted.
320. In paragraph 638. 3 (b). (b)), the word "standard" is replaced by
"investment" and the words "comparable with the standard Fund" shall be deleted.
321. In paragraph 639. 2, after the word "confidential" shall be inserted after the words "in accordance with
paragraph 1 ".
322. In section 648, the word "and" at the end of subparagraph (a)) shall be replaced by "or".
323. section 661 including title:
"§ 661
To enable the foreign person
(1) until the date to be determined by regulation of the European Union issued on the basis of article
paragraph 67. 6 of the directive of the European Parliament and of the Council governing the administrator
alternative investment funds ^ 5) as the date from which it shall apply
articles 35 and 37 to 41 of this directive, in so far as it
invoke, do not apply the provisions of this law, which is invoked by the
and the reference state)
(b) foreign investment fund management), whose home
the State is a Member State, a foreign person with permission according to § 481,
(c) the offering of investment in) investment fund or foreign
Investment Fund in another Member State by a foreign person with permission
under section 481, and
(d)) the authorisation of a supervisory authority of another Member State with
the authorisation under section 481.
(2) a foreign person that has been granted an authorisation pursuant to § 481 before the
the date referred to in paragraph 1 shall, within 3 months from this date, the Czech
the National Bank that satisfies a condition under section 481, paragraph. 1 (a). and).
They can demonstrate this, or does not comply with this condition, the Czech National Bank to her
This authorisation shall be withdrawn. ".
324. In section 665, paragraph. 3 (b). (b)), the number "1" is replaced by "2".
325. In paragraph 670. 4, the words "requirements for qualitative criteria"
replaced by the words "quality requirements".
326. § 674 for the number "669", the words "(a). and (c))) ".
Article. (II)
Transitional provisions
1. The scope of the authorization for the activities of the investment companies, Government
Investment Fund or the main administrator issued before the date of
the entry into force of this law corresponds to the date of entry into force of this
law comparable extent of such authorisations in accordance with Act No 240/2013
Coll., as amended, effective from the date of entry into force of this Act. Czech
the National Bank shall be drawn up at the request of the investment companies, Government
Investment Fund or the main administrator listing with information on the range of
their authorisation for activities according to the law No. 240/2013 Coll., as amended by
effective from the date of entry into force of this Act.
2. the procedure for applications for permits for activities of investment companies,
Government investment fund or the main Administrator initiated
before the date of entry into force of this law, and to this day been
the executor shall be completed in accordance with Act No 240/2013 Coll., as amended effective
from the date of entry into force of this Act. The deadline, which in these
proceedings commenced before the date of entry into force of this law, and to this
the day did not end, running from the date of entry into force of this Act again. Czech
the National Bank shall notify the applicant within 15 working days from the date of acquisition
the effectiveness of this law, how it intends to control in its application with regard to the
the entry into force of this Act, and shall invite him to proceed to the placing
the application in accordance with the requirements of this Act.
3. Investment Company, local government investment fund and the main
the administrator shall give its ratios, and ratios of investment funds, which
manages, in line with the requirements arising from Act No. 240/2013
Coll., as amended, effective from the date of entry into force of this Act, the date of
March 31, 2015.
4. Depozitářská contract in accordance with section 73, paragraph. 1 (a). (f)) and section
670 paragraph. 1 (a). f) of Act No. 240/2013 Coll., as amended, effective from the date of
the entry into force of this Act, until 31 December 2006. March 2015.
PART THE SECOND
The amendment to the law on the financial arbitrator
Article. (III)
Law no 229/2002 Coll. on the financial arbiter, as amended by Act No.
558/2004 Coll., Act No. 57/2006 Coll., Act No. 264/2006 Coll., Act No.
285/2009 Coll., Act No. 281/2009 Coll., Act No. 180/2011 Coll., Act No.
241/2013 Coll. and Act No. 278/2013 Coll., is hereby amended as follows:
1. In article 1 (1). 1 (d)):
"(d) the person administering or implementing) the administration of the Fund
collective investment schemes or offering investment fund
for collective investment or comparable foreign investment
the Fund and the consumer in the management or implementation of the Administration
collective investment fund or offering investment in the Fund
for collective investment or comparable foreign investment
the Fund ".
2. In section 3, paragraph 3. 1 (d)):
"(d)) the person administering the Fund for collective investment, conducting
the administration of the Fund, collective investment schemes or offering investment
to collective investment fund or a comparable foreign
Investment Fund ".
3. In section 3, paragraph 3. 2 the term "customer" shall be replaced by the words "those interested in the
insurance, the policyholder, the insured person, beneficiary or obmyšlený ".
PART THE THIRD
Amendment of the Act on the capital market
Article. (IV)
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., Act No. 303/2013 Coll. and Act No. 135/2014 Sb, is amended
as follows:
1. In § 21. 8 and section 22(2). 6 at the end of the text, the words "shall be added;
for the investment company authorised to manage the standard funds
or comparable foreign funds or comparable foreign person
carrying out any of the activities referred to in section 11 (1). 1 (a). c) to (f)) or
under section 11 (2). 6 (a). and the law governing investment company)
and investment funds, however, uses ".
2. In section 36i paragraph. 4 with the number "6" is replaced by "7".
3. In paragraph 92. 3 (b). (b)), section, paragraph 93. 2 (a). (b)) and in section 93, paragraph. 3
(a). (b)), the word "Administrator" is replaced by "the person who is entitled to
According to the law governing investment companies and investment funds
exercise the safekeeping of securities and registration of book-entry
securities "and the words" whose administration carried out, and that is
entitled to exercise custody of securities and registration
book-entry securities "shall be deleted.
PART THE FOURTH
Amendment of the Act on the activities of institutions for occupational retirement provision
Article. In
Act No 340/2006 Coll., on the activities of institutions for occupational retirement provision
insurance, as amended by law No 248/2008 Coll., Act No. 281/2009 Sb.
Act No. 260/2011 Coll. and Act No. 241/2013 Coll., is hereby amended as follows:
1. At the end of the footnote text no 1, the words ", in
the text of the directive of the European Parliament and of the Council of 13/14/EU ".
2. In section 10b (b). (c)), the words "of the annual accounts and annual
reports, and all the documents necessary for the purposes of supervision; between these
documents may include internal interim reports, actuarial
evaluation and detailed assumptions, studies on the assets and liabilities, the evidence
compliance with the principles of the investment policy, the evidence of the regular cover
contributions, reports the persons responsible for auditing the annual accounts "
replaced by the words "to monitor the adequacy of the procedures of the credit
carried out by the institution, and to evaluate the use of references to credit ratings
issued by credit rating agencies in its investment policy. "
3. In section 10b for the letter c) the following new subparagraph (d)), which read:
"(d)) to require the institution, based in the Czech Republic the granting of
the annual accounts and annual reports, and all the documents necessary
for the purposes of supervision; These documents may include internal preliminary
reports, actuarial valuations and detailed assumptions, studies of
assets and liabilities, the evidence of consistency with the investment-policy principles,
evidence of contributions, reports of persons responsible for
the audit of the annual accounts ".
Letter d) is renumbered as paragraph (e)).
4. In section 10f of paragraph 1. 1 at the end of paragraph (i) is replaced by a comma and dot)
the following point (j)), which read:
"(j)) investment policy cannot be based only on an exclusive or
mechanical reliance on credit ratings issued by the credit rating agencies. ".
PART THE FIFTH
The EFFECTIVENESS of the
Article. (VI)
This law shall enter into force on 1 January 2005. January 1, 2015, with the exception of the provisions
article. In, which shall take effect on the date of its publication.
In r. hamáček.
Zeman in r.
Sobotka in r.