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Cer Change. Laws In Connection With The Adoption. On-Line Payments

Original Language Title: cer change. Laws in connection with the adoption. on Payments

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285/2009 Coll. The ACT of 22 July 2009 amending certain acts in connection with the adoption of the Payment System Change: 89/2012 Coll. The Parliament passed the Act of the Czech Republic: PART ONE Amendments to the Banking Act, Art. (I) Act No. 21/1992 Coll., The Banking Act, as amended by Act No. 265/1992 Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll., Act No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll., Act No. 16/1998 Coll., Act No. 125/1998 Coll., Act No. 165/1998 Coll. , Act No. 120/2001 Coll., Act No. 239/2001 Coll., Act No. 320/2001 Coll., Act No. 126/2002 Coll., Act No. 453/2003 Coll., Act No. 256/2004 Coll., Act No. 435/2004 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., 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 Coll. and Act No. 230/2009 Coll. , is amended as follows: 1. In section 5 d letters (d)) and e) are added: ' (d)) the provision of payment services and issuing electronic money, e) issuing payment instruments, if they are not providing payment services or issuing electronic money pursuant to this subparagraph (d)). " 2. In section 20b, paragraph 1 shall be deleted. In the paragraphs 2 and 3 shall become paragraphs 1 and 2. 3. In section 20b paragraph. 2, the words "paragraphs 1 and 2 shall apply" are replaced by "paragraph 1 shall apply." 4. In section 20 c in the paragraphs 1 and 2 shall be added: "(1) If a bank or savings and loan association in the Czech Republic fails to charge the amount of the payment transaction in Czech currency or use the bank in accordance with the command of the client resulting in an incorrect Payment Transaction, the bank that the account maintains a count of the unauthorized beneficiary shall , upon the initiative of the bank or savings and loan association that incorrect execution of the payment transaction caused it to debit from the account of the incorrect credit amount and give it to the bank or savings and credit union that incorrect execution of the payment transaction caused it to correct improperly executed payment transaction in accordance with the law governing payments , and the bank is entitled to bring unauthorized beneficiary's account to the state in which it would have been had the incorrect Payment Transaction had occurred (hereinafter referred to it as "corrective settlement"). (2) A complaint under paragraph 1 shall be taken within 3 months from the date of the error which led to the incorrect execution of the payment transaction. ". 5. In section 20 c of the paragraph. 3, the words "error in settlement" is replaced by "against the execution of payment transactions". 6. In section 38.9, the words "paragraphs 1 to 8 of" the words "and paragraph 11". 7. In paragraph 38, the following paragraph 11 is added: "(11) and breach of banking secrecy is not handing over information to another payment service provider or within the payment system, where it is necessary for the prevention of fraud in the payment system, the investigation and detection.". 8. In section 38a of the paragraph. 2 at the end of the text of the first sentence, the words "(hereinafter the" Register ")." 9. In section 38a of the paragraph. 2, second sentence, the words "the database" is replaced by "registers", the words "foreign banks", the words "Czech National Bank for the purposes of financial market supervision" and the words "under the conditions set Decree of the Czech National Bank" shall be deleted. 10. In section 38a of the paragraph. 2, third sentence, the words "the database" is replaced by "registry and registry as specified by law" and at the end of the third sentence of the text, the words "and the duty of confidentiality." 11. In section 38a of the paragraph. 2 the last sentence, the words "information database" is replaced by the word ' register '. 12. In section 38a after paragraph 2 new paragraphs 3 and 4 are added: ' (3) The Czech National Bank is entitled, on the basis of reciprocity, to give access to the information in the register referred to in paragraph 2 also it central banks and other institutions of the Member States creating information databases, comparable to register provided that the conditions of access to such data and how they are protected in that Member State are at least comparable to the level that is required by this Act. Comparability requirement is met even if the data in external database access and a wider range of people. (4) The cases in which it is possible to request information in accordance with paragraphs 2 and 3, and detailed conditions for their provision stipulated by the Czech National Bank decree. ". Paragraphs 3 and 4 shall become paragraphs 5 and 6. 13. In section 38a, paragraph 5 reads: "(5) The client has the right for compensation for material costs, he and the list of information that is kept on him in the registry." 14. section 41f, paragraphs 7 and 8, which, including footnotes 13 and 14 Nose, added: "(7) the Payment institution or the payment service provider of a small-scale, on whose account are recorded funds that they entrusted it carry out PSUs payment transactions ^ 13) shall notify promptly in writing to the Bank; In such a case, have the obligation stipulated in paragraph 2, first sentence, and paragraph 5, second sentence. In determining the beneficial owner pursuant to that paragraph 5 is based on records of payment institutions and payment service providers. (8) Paragraph 7 shall apply mutatis mutandis, it and securities trader on whose account are recorded funds constituting client assets under the act governing capital market undertakings ^ 14). 13) section 19 of Act No. 284/2009 Coll., On payment. 14) § 2 para. 1 point. h) of Act No. 256/2004 Coll., on Capital Market, as amended by Act No. 120/2007 Coll. and Act No. 230/2008 Coll. ". PART TWO Amendment to the Act on Credit Unions Art. (II) Act No. 87/1995 Coll., On Credit Unions and certain related measures, and supplement the Czech National Council Act No. 586/1992 Coll., On income taxes, as amended, as amended by Act No. 100/2000 Coll., Act No. 406/2001 Coll., Act No. 212/2002 Coll., Act No. 256/2004 Coll., Act No. 283/2004 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. and Act No. 254/2008 Coll., is amended as follows: 1. In section 13b, in the paragraphs 1 and 2 shall be added: "(1) If a credit union, bank or foreign bank branch in the Czech Republic fails to charge the amount of the payment transaction in the currency or use the Czech banks account as instructed by the client resulting in an incorrect Payment Transaction, the credit union, which maintains a count of the account of the beneficiary shall, upon unauthorized the initiative of the credit union, bank or foreign bank branch that incorrect execution of the payment transaction caused the debit from the account improperly settled amount and give the games credit union, bank or branch of a foreign bank that incorrect execution of the payment transaction is caused it correct improperly executed payment transaction in accordance with the law governing the payment, and the credit union is authorized to introduce unauthorized beneficiary's account to the state in which would have been had the incorrect Payment Transaction had occurred (hereinafter referred to it as "corrective settlement"). (2) A complaint under paragraph 1 shall be taken within 3 months from the date of the error which led to the incorrect execution of the payment transaction. ". 2. In section 13b of the paragraph. 3, the words "error in settlement" is replaced by "against the execution of payment transactions". 3. In § 25b at the end of paragraph 2, the sentence "and a breach of the obligations set out in paragraph 1 is not handing over information to another payment service provider or within the payment system, where it is necessary for the prevention of fraud in the payment system, the investigation and detection.". PART THREE with the Amendment to the Act on the Czech National Bank Art. (III) Law no 6/1993 Coll., On the Czech National Bank, as amended by Act No. 61/1993 Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., Act No. 483/2001 Coll., Act No. 127/2002 Coll., Act No. 256/2004 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. and Act No. 254/2008 Coll., is amended as follows: 1. In section 44 para. 1 point. and the words ") and other entities that issue electronic money under special legislation ^ 9)" is replaced by "electronic money issuers small-scale credit institutions, payment service providers, small-scale". 2. Footnote No. 9a is repealed. 3. In section 44 para. 1 point. (e)) after the word "license" the words "or registration". 4. In section 44 para. 2 point. and) after the word "permit" the word "registration". 5. In § 44a of the paragraph. 1, "with the exception of persons who issue electronic money under a license pursuant a special legal regulation 9 g) ' including footnote No. 9 grams. 6. In § 44a of the at the end of paragraph 1, the sentence "the Above payment institutions, payment service providers and small-scale electronic money issuers minor performed by the Czech National Bank this oversight functions only in the range of payment services, services related to the provision of payment services and issuing electronic Money.". 7. § 46e including the heading and footnotes. 11 d and 11e deleted. PART FOUR Amendment to the Foreign Exchange Act, Art. (IV) Act No. 219/1995 Coll., The Foreign Exchange Act, as amended by Act No. 155/2000 Coll., Act No. 367/2000 Coll., Act No. 483/2001 Coll., Act No. 126/2002 Coll. Act No. 256/2004 Coll., Act No. 354/2004 Coll., Act No. 444/2005 Coll., Act No. 254/2008 Coll. and Act No. 227/2009 Coll., is amended as follows : 1. In article 1, letter k), including footnote no. 3 reads: ") foreign exchange first bank or savings and loan association headquartered in the Czech Republic, branch of Foreign banks, credit institutions, branch of a foreign credit institution or payment service provider of a small-scale, which are within the scope of banking license or permit under a special legal regulation 3), that carry out the authorized payment transactions in relation to foreign exchange activities or non-cash foreign currency 2nd person authorized to perform foreign exchange services on a subscription basis or, and a third person authorized to provide payment services related to foreign countries under the principle of a single license, 3) Act No. 21/1992 Coll., on Banks, as amended. Law No. 87/1995 Coll., On Credit Unions and certain related measures, and supplement the Czech National Council Act No. 586/1992 Coll., On income tax, as amended, as amended. Act No. 284/2009 Coll., On the payment system. ". 2. In section 1, the letters l and n)) shall be deleted. The existing letter m) shall become subparagraph (l)). 3. In section 3, par 4, letter a) reads: "and the applicant) has attained the age of 18, and full legal capacity and blameless." 4. In article 3, paragraphs 5 and 7 are deleted. Former paragraph 6 shall become paragraph 5. 5. In section 3, the following paragraph 6 is added: "(6) The application for registration for the bureau may only be submitted on a prescribed form. Specimen forms and content of their their annexes in the implementing legislation. ". 6th § § 3a-3 c are deleted. 7. In section 3d heading shall be repealed. 3D section 8. In paragraph 2 deleted. Paragraphs 3 and 4 become paragraphs 2 and 3. 9. In paragraph § 3d. 2, first sentence, the word "education acquired experience" is replaced by "sufficient experience", the words "or licensed" and the words "under Czech law" shall be deleted. 10. In paragraph § 3d. 2, third sentence, the words "or licensed" are deleted. 11. In paragraph 3d of § 3 reads: "(3) The Czech National Bank maintains a count and list of registrations granted for the bureau and published in a manner allowing for remote access; the list contains the following information: a) the registration number and the period for which the grants, b) for residential customers games name or names and surname, business name, business address and identification number, (c)) for legal entities the business name or registered office or place of business and identification number. ". 12th heading of § 3e is repealed. 13. section 3e point. and the words "change) the essential information in the application for registration; These substantive and/or data in the implementing legislation "is replaced by" any change of the information in the application for registration or in its their annexes ". 14. section 3f and 3 g deleted. 15. section 3 h, paragraph 1 reads: "(1) The foreign exchange entity that is not a bank, and a branch of a foreign bank, savings and loan association, credit institutions, branches of foreign credit institution or payment service provider, small-scale exchange activities may be carried out only on premises which for this purpose pre-registered by the Czech National Bank; an establishment for the purposes of this Act also exchange machines. ". 16. section 3 h, paragraph. 2 of the introductory part, the words "or licensed" are deleted. 17. In paragraph § 3 h. 3 last sentence, the words "or licensed" are deleted. 18. In article 7, paragraph 1 shall be deleted. In the paragraphs 2 and 3 shall become paragraphs 1 and 2. 19. In section 8 par 4, the words "foreign exchange licenses" are deleted. 20. In paragraph 22 of the paragraph. 1, letter d) be deleted. Current letters e) and (f)) shall be designated the Letters d) and (e)). 21. In paragraph 22 of the paragraph. 1 point. (d)) the words "revoke the foreign exchange license" shall be deleted. 22. In paragraph 22 of the paragraph. 2, the words "foreign exchange license" shall be deleted. 23. In paragraph 22 of the paragraph. 5, the word "f)" is replaced by "e"). 24th article 23 is repealed. 25. section 24 reads: "§ 24 Cancellation of registration (1) The Czech National Bank may revoke registration if and) was made on the basis of false or incomplete information, b) and material change in the circumstances on the basis of which was done, especially if the exchange place no longer meets the conditions for the registration as set out in § 3 para. 4 and 6, or c) the marketing authorization holder repeatedly or seriously violating foreign exchange regulations. (2) The Czech National Bank will cancel the registration at the request of its holder. ". 26. In section 24a of the words "or a foreign exchange license" shall be deleted. 27. In paragraph 25, par. 1, letter b) shall be deleted. The existing letters c) j) shall become letters (b)) even). 28. In paragraph 25, par. 3 point. and the words "point). c) through (f)) "is replaced by" point. (b)) e). "In § 25 par. 3 letter c) shall be deleted. The existing letters d) and (e)) shall become letters (c)), and (d)). 30. In paragraph 25, par. 3 point. (c)) the words "point. (h)), i) and (j)) "is replaced by" point. g), (h) or (i))). "31. In section 25 par. 3 point. (d)) the words "point. g) "is replaced by" point. f) ". 32. In paragraph 26, par. 1 point. and) the words "or non-cash foreign exchange transactions or providing money services" are deleted. 33. In section 26 paragraph 3 and 4 shall be deleted. Paragraph 5 shall be renumbered as paragraph 3. 34. In paragraph 26, par. 3 point. (b)) the words "or 4" are deleted. 35. In paragraph 26 of the par 3, at the end of subparagraph (b)), the comma is replaced by a full stop and point c) is deleted. 36. In section 27, paragraph 1, letter (b)) shall be deleted. The existing letters c) even) shall become letters (b)) to (h)). 37. In section 27, par. 2 point. and the words ") (c)), d) and (e))" is replaced by "b), c) and (d))." 38. In section 27 para. 2, letter c) shall be deleted. The existing letters d) and (e)) shall become letters (c)), and (d)). 39. In section 27, par. 2 point. (c)) the words "g), (h) or (i)))" is replaced by ", f), (g)), and (h))." 40. In section 27, par. 2 point. (d) the words "point. (f)) "is replaced by" point. e) ". 41. section 30 reads: "section 30 An appeal filed against the decision according to section 22 paragraph. 1 point. b), c) and (d)) does not have suspensive effect. ". 42. In section 30a letter a) reads: "a specimen application forms) for registration for the bureau and the content of the their annexes". 43. In section 30a, point (c)) shall be deleted. The existing letters d) and (e)) shall become letters (c)), and (d)). Art. The transitional provisions of the application for granting a foreign exchange license for non obchodůms cizíměnou or the provision of financial services, which was not decided until the effective date of this Act, the effective date of this Act, be deemed an application for authorization to operate it and the payment institution under the law regulating payments, except where the applicant within 30 days of the effective date of this law expresses its disagreement. The application procedure will proceed in accordance with the law regulating the payments. PART FIVE revoked Art. (VI) PART SIX revoked Art. (VII) the Repealed PART SEVEN Amendment to Act on the Financial Arbitrator Art. VIII of the Act No. 229/2002 Coll., On the Financial Arbiter, as amended by Act No. 561/2004 Coll., Act No. 57/2006 Coll. and Act No. 262/2006 Coll. as amended, is follows: 1. In article 1 Paragraph 1 reads: "(1) To resolve disputes between payment service providers and payment service users to provide payment services or between the electronic money issuers and holders of electronic Money in the issuance and redemption of electronic money is also relevant financial arbitrator ( the "Arbitrator"), unless otherwise is to adjudicate the empower Czech court. The arbitration agreement does not preclude the arbitrator jurisdiction. The arbitrator seeks to ensure that the dispute was resolved amicably. ". 2. § 3 para. 1 the words "transfer institutions" are replaced by "payment service provider". 3. § 3 para. 2, the word "client" is replaced by "payment service user". 4. In paragraph 9, letter d) reads: "(d)) the merits of the case has already been decided by arbitration or in the case The same was initiated arbitration proceedings.". 5. In section 19 para. 1, "when his activity" is replaced by "from which it is authorized it to carry out its activities," and the word "seat" is replaced by "title or name, the registered office or place of business." Art. (IX) Transitional provisions The institution, which has not yet been required to meet the obligation to provide the information set out in § 19 para. 1 of the Act No. 229/2002 Coll., On the Financial Arbiter, as the effective date of this Act, is obliged it to fulfill his obligation as set out in § 19 paragraph. 1 of the Act No. 229/2002 Coll., on the Financial Arbiter, as amended effective from the date of entry into force of this Act, within 3 months from the effective date of this Act. PART EIGHT Amendment to the Consumer Protection Act, Art. X Act No. 634/1992 Coll., On consumer protection, as amended by Act No. 222/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No. 110/1997 Coll., Act No. 359/1999 Coll., Act No. 64/2000 Coll., Act No. 146/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001 Coll., Act. 452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002 Coll., Act No. 320/2002 Coll., Act No. 228/2003 Coll., Act No. 279/2003 Coll., Act No. 441/2003 Coll., Act No. 119/2004 Coll., Act No. 86/2004 Coll., Act No. 222/2004 Coll., Act No. 444/2005 Coll., Act No. 229/2006 Coll. and Act No. 36/2008 the Coll. , is amended as follows: 1. In § 23 para. 9, the words "with the exception of persons who issue electronic money under a license pursuant a special legal regulation) including footnote deleted. 2. In paragraph 23 of the at the end of paragraph 9 of the sentence "the Above payment institutions, payment service providers and small-scale electronic money issuers minor performed by the Czech National Bank this surveillance only to the extent the provision of payment services, services related to the provision of payment services and issuing electronic Money-26).". Footnote. 26 reads: "26) Act No. 284/2009 Coll., On the payment system. ''. PART NINE Amendment to Act on Certain Measures against Money Laundering and Terrorist Financing Of Art. (XI) of the Act No. 253/2008 Coll., On some measures against the legalization of proceeds from crime and terrorist financing, as follows: 1. In section 2 para. 1 point. and) Point 4, including footnote No. 3 reads: "4. the electronic money issuer small-scale, 3) 3) Act No. 284/2009 Coll., on the payment system. ''. 2. In article 2 para. 1 point. (b)) Section 5 reads: "5. the payment institution, the payment service provider of a small-scale, 3). 3. In § 2 para. 1 point. (b) point 10), the words "or non-cash foreign currency ' are deleted. 4. section 2 para. 1 point. (b) Section 11) reads: "(11). a person not listed in paragraphs 1 to 10, authorized this conduct mediation or payment services or postal services, whose purpose is the delivery of remittance of money ". 5. In section 8 par. 2 point. (b)) the word "beneficial owner" is replaced by "controlling person". 6. In section 11 para. 1 point. and the words ") financial institutions referred to it in § 2 para. 1 point. (b)) points 10 and 11 "are replaced by" a person authorized to exchange activities under the Foreign Exchange Act, the postal license holder under the law regulating postal services, payment institutions, is principally engaged in the provision of payment services, which involve transfers of funds where the payer nor the recipients do not use an account with a payment service provider and payment service providers to a minor under the law regulating the payment system. "7. In section 11 para. 1, letter b) reads: "(b)) a foreign credit or financial institution, with the exception of foreign persons entitled to the money exchange operations, foreign credit institutions, is engaged principally in foreign remittances, or payment service provider with a similar position as a payment service provider to a minor under the law regulating payments when acting on the territory, which imposes and comparable manner identification obligation , customer due diligence and record keeping, subject in this state statutory mandatory professional registration is over him supervised, including monitoring of compliance with these obligations, including the ability to control individual transactions and on-site inspections. ". PART the Amendment of the Postal Services Act, Art. (XII) In section 18 par 2 of Law No. 29/2000 Coll., On postal services and on amending some laws (the Postal Services Act), as amended by Act no 95/2005 Coll., After the word "documents" the words "or Delivery postal order monetary amounts step." PART ELEVEN Amendment to the Trade Act Art. XIII in § 3 para. 3 of the Act No. 455/1991 Coll., On Trades (Trade Act), as amended by Act No. 283/1995 Coll., Act No. 147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll., Act No. 79/1997 Coll., Act No. 217/1997 Coll., Act No. 15/1998 Coll., Act No. 167/1998 Coll., Act No.. 356/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No. 367/2000 Coll., Act No. 257/2001 Coll., Act No. 477/2001 Coll., Act No. 161/2003 Coll., Act. 38/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll., Act No. 499/2004 Coll., Act No. 127/2005 Coll., Act No. 253/2005 Coll., Act No. 62/2006 Coll., Act No. 109/2006 Coll., Act No. 179/2006 Coll., Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll. and Act No. 254/2008 Coll. , letter a), including footnotes. 11 it reads: "and 13b) bank activities ^ 11) the provision of payment services ^ 11) issuing electronic money-11a), the operation of payment systems ^ 11), exchange-11 d), activity insurance ^ 12), reinsurance companies, insurance intermediaries and independent loss adjusters and responsible actuaries ^ 12), pension funds-12a), credit unions-12b), commodity exchanges ^ 8b), operators of regulated markets-13b), brokerage houses-13b) and tied agents-13b) and the activities of persons engaged in collective investment ^ 13) and the activities of persons engaged in the settlement of securities transactions-13a), the activities of persons engaged in the reception and transmission of orders or investment advice regarding investment instruments under the conditions stipulated by a special law-13b) and tied agents-13b) 11) Act No. 6/1993 Coll., on the Czech National Bank, as amended. Law No. 21/1992 Coll., On Banks, as amended. 11A) Act No. 284/2009 Coll., On payment. 11 d) Act No. 219/1995 Coll., The Foreign Exchange Act, as amended. 12) Act No. 363/1999 Coll., On insurance and amending certain related acts (the Insurance Act). Law No. 38/2004 Coll., On insurance intermediaries and independent loss adjusters and amending the Trade Act (the Act on insurance intermediaries and independent loss adjusters). 12A) Act No. 42/1994 Coll., On pension insurance with state contribution and on amendments of some acts that related to its implementation. 12B) Act No. 87/1995 Coll., On Credit Unions and certain related measures, and supplement the Czech National Council Act No. 586/1992 Coll., On income taxes, as amended. 13) Act No. 248/1992 Coll., On Investment Companies and Investment Funds, as amended. 13A) § 82 and 83 of Law No. 256/2004 Coll., On Capital Market. 13B) Act No. 256/2004 Coll. ". PART TWELVE Amendment to the Insolvency Act Art. XIV In section 35 of Act No. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), the following paragraph 3 is added: "(3) the Special court appoints an insolvency administrator for payment service users that entitlement with the procedure laid down by the law regulating payments.". PART THIRTEEN Amendment to the Enforcement Regulations Art. XV Act no 120/2001 Coll., On Court Executors and Execution (Code of Execution), and amending other laws, as amended by Act No. 6/2002 Coll., Act No. 279/2003 Coll., Law No. 360/2003 Coll., Act No. 53/2004 Coll., Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll., Act No. 501/2004 Coll. , Act No. 377/2005 Coll., Act No. 57/2006 Coll., Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll., Act No. 253/2006 Coll., Act No. 261/2007 Coll., Act No. 347/2007 Coll., Act No. 254/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll., Act No.. 301/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009 Coll., Act No. 183/2009 Coll. and Act No. 227/2009 Coll., is amended as follows: 1. In § 33 para. 4, the words ' and credit unions ' are replaced by ' credit unions, foreign electronic money institutions, electronic money institutions, small electronic money issuers, payment institutions, payment institutions and payment of foreign small-scale services "and the words" mandatory accounts "the words" or other unique identifiers ^ 7). "Footnote. 7A, added: "7a) § 2 para. 3 of a point. h) of Act No. 284/2009 Coll., on the payment system. ". The existing footnotes. 7A it 7j are renumbered as footnotes. 7B that 7 k, including the references that footnotes. 2. In § 49 para. 1 point. (b)) the words "account number" the words "or other unique identifier ^ 7)." 3. In § 50 para. 1 the words "account number" the words "or other unique identifier ^ 7)." PART FOURTEEN Amendment to the Civil Procedure Code Art. XVI of the Act No. 99/1963 Coll., the Civil Procedure Code, as amended by Act No. 36/1967 Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975 Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991 Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act. 24/1993 Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994 Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995 Coll., the Constitutional Court announced under no. 31/1996 Coll. , Act No. 142/1996 Coll., the Constitutional Court ruling promulgated under no. 269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll., Act No. 360/1999 Coll., the Constitutional Court ruling published under no.. 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000, Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act. 370/2000 Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No. 273/2001 Coll., the Constitutional Court ruling promulgated under no. 276/2001 Coll., Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll. , Act No. 227/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., the Constitutional Court ruling promulgated under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court ruling promulgated under no. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll., Act No.. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No. 554/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll., Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act. 377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll. , Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll., Law No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll. , Act No. 297/2008 Coll., Act No. 305/2008 Coll. and Act No. 7/2009 Coll., is amended as follows: 1. section 260 of the paragraph 2, including footnotes 77 and 77a. reads: "(2) At the request of the party to whom the decision grants the right to payment of a sum of money, the court asks the person whom the payment of a sum of money saved, whether and from whom he receives a wage or any other regular income, or with which bank, branch of a foreign bank or savings and loan association ^ 77), electronic money institutions, foreign electronic money institutions, electronic money issuers small-scale credit institutions , foreign credit institution or payment service provider of the small-scale (hereinafter referred to it as "financial institution") has its accounts and what are the numbers of those accounts, or other unique identifiers-77a). 77) Act No. 87/1995 Coll., On Credit Unions and Some related measures, and supplement the Czech National Council Act No. 586/1992 Coll., on income taxes, as amended. 77A) § 2 para. 3 of a point. I) of the Act No. 284/2009 Coll., on the payment system. ". 2. In section 260e paragraph. 2 at the end of the text of subparagraph (b)) the words "or other unique identifiers-77a)." 3. In section 261 of the paragraph. 1 the fourth sentence, the words "account number" the words "or other unique identifier-77a)." 4. section 267a, the following new section 267b, which including footnote No. 79a reads: "§ 267b enforcement on the assets of credit institutions, foreign credit institutions, payment service providers or foreign small-scale payment service providers are not subject to small-scale devices, PSUs that those persons entrusted it to carry out payment transactions or assets which these persons for the entrusted funds gained ^ 79a). 79A) section 19 of Act No. 284/2009 Coll., On the payment system. ". PART FIFTEEN Amendment to Act on the Administration of Taxes Art. XVII of the Act No. 337/1992 Coll., On Administration of Taxes, as amended by Act No. 35/1993 Coll., Act No. 156/1993 Coll., Act No. 302/1993 Coll., Law No. 315/1993 Coll., Act No. 323/1993 Coll., Act No. 85/1994 Coll., Act No. 255/1994 Coll., Act No. 58/1995 Coll., Act No. 118/1995 Coll., Act No. 319/1996 Coll. , Act No. 61/1997 Coll., Act No. 242/1997 Coll., Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 29/2000 Coll., Act No. 155/2000 Coll., Act No. 218/2000 Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act No. 492/2000 Coll., Act No.. 120/2001 Coll., Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No. 227/2002 Coll., Act No. 320//2002 Coll., Act No. 322/2003 Coll., Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 441/2003 Coll., Act No. 483/2003 Coll., Act No. 19/2004 Coll., Act No.. 237/2004 Coll., Act No. 256/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No. 554/2004 Coll., Act No. 179/2005 Coll., Act No. 216/2005 Coll., Act No. 381/2005 Coll., Act No. 413/2005 Coll., Act No. 444/2005 Coll., Act No. 56/2006 Coll., Act. 62/2006 Coll., Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 115/2006 Coll., Act No. 216/2006 Coll., Act No. 230/2006 Coll., Act No. 267/2006 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No. 122/2008 Coll., Act No. 126/2008 Coll., Act No. 254/2008 Coll., Act No. 301/2008 Coll. , Act no 304/2008 Coll., Act No. 305/2008 Coll. and Act No. 7/2009 Coll., is amended as follows: 1. In section 59 para. 3 letter a) reads: "and the relevant tax) to the administrator's account held with a payment service provider". 2. In section 59 para. 3 of a point. (b)) paragraph 1 shall be deleted. Points 2 to 4, renumbered 1 to 3 3. In § 61 paragraph. 1 a) and b) read: "and the payment to the) for relevant tax administrator's account held with the payment service provider of the day when the payment is step on behalf of the payment service provider, or (b) the tax administrator) in cash payments made by the tax administrator, the day when the cash received the employee of the tax administrator.". 4. In paragraph 3 of section 61, including footnote No. 25 c reads: "(3) The payment service provider in which the relevant account is maintained tax administrator is required to provide to the tax authorities to the information on the date when the amount is step to the account the payment services provider tax administrator and the taxpayer's account number or other unique identifier ^ 25 c). 25 c) § 2 para. 3 of a point. h) of Act No. 284/2009 Coll., on the payment system. ". 5. In section 61 paragraph. 4, the words "the bank, which" is replaced by "payment service providers that." 6. In section 61 paragraph. 5, the words "the bank or savings and loan association" is replaced by "payment service provider". PART SIXTEEN Amendment to Act on premiums for general health insurance Art. XVIII of the Act No. 593/1992 Coll., On premiums for general health insurance as amended by Law No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 166/1993 Coll., Act No. 324/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994 Coll., Act No. 58/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997 Coll., Act No. 125/1998 Coll. , Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Law No. 138/2001 Coll., Act No. 48/2002 Coll., Act No. 176/2002 Coll., Act No. 309/2002 Coll., Act No. 424/2003 Coll., Act No. 437/2003 Coll., Act No. 461/2003 Coll., Act No. 53/2004 Coll., Act No. 435/2004 Coll. , Act No. 124/2005 Coll., Act No. 381/2005 Coll., Act No. 413/2005 Coll., Act No. 545/2005 Coll., Act No. 62/2006 Coll., Act No. 115/2006 Coll., Act No.. 189/2006 Coll., Act No. 216/2006 Coll., Act No. 262/2006 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll. and Act No. 306/2008 Coll., is amended as follows: 1. In section 5, paragraph 2 reads: "(2) The insurance under paragraph 1 shall be paid, for each calendar month and is payable from the 1st this 20th day of the following calendar month.". 2. In § 17 paragraph 1 to 3, including footnote No. 38a added: "(1) The premium is paid in a currency and Czech) health insurance company account held with the payment service provider, b) payment in cash to the employee competent health insurance company authorized accept insurance. (2) The date of payment of the premium is considered a) in the case of payment on account of health insurers led by the payment service provider's Day, which will be the premium step on account of the payment of health insurance, (b)) if the cash is paid directly to the employee by the respective insurance Day when the competent employee of the cash received. (3) The payment service provider that holds the account of the health insurance company is required to provide health insurance information on the date when the amount is step to the account of a payment service provider by the respective insurance and payer account number or other unique identifier ^ 38a). 38A) § 2 para. 3 of a point. h) of Act No. 284/2009 Coll., on the payment system. ". 3. In section 17 para. 4, the words "the bank, which" is replaced by "payment service providers that." 4. In section 17 para. 5, the words "the bank or savings and loan association" is replaced by "payment service provider". PART SEVENTEEN Amendment to Act on social security and state employment policy Art. XIX Act No. 589/1992 Coll., On social security and state employment policy, as amended by Act No. 10/1993 Coll., Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994 Coll., Act No. 58/1995 Coll., Act No. 118/1995 Coll., Act No. 152/1995 Coll., Act No. 160/1995 Sb. , Act No. 117/1997 Coll., Act No. 138/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll., Act No. 29/2000 Coll. Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No. 220/2000 Coll., Act No. 242/2000 Coll., Act No. 492/2000 Coll., Law No. 353/2001 Coll., the Act No. 261/2002 Coll., Act No. 309/2002 Coll. , Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 422/2003 Coll., Act No. 437/2003 Coll., Act No. 186/2004 Coll., Act No. 283/2004 Coll., Act No. 359/2004 Coll., Act No. 435/2004 Coll., Act No. 168/2005 Coll., Act No. 253/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No. 62/2006 Coll. , Act No. 189/2006 Coll., Act No.. 264/2006 Coll., Act No. 585/2006 Coll., Act No. 153/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll. and Act No. 2/2009 Coll., is amended as follows: 1. In section 17 para. 2, the word "c)" is replaced by "b"). 2. In section 17 para. 2 the last sentence, the words "before the end of the calendar year" are replaced by "the end of June of the following calendar year." 3. In § 19 paragraph 1 to 3, including footnote No. 26 added: "(1) The premium is paid in a currency and Czech) to the account of the relevant district social security administration led by the payment service provider, or (b) payment in cash) The employees of the District Social Security Administration authorized it collect premiums; in one calendar day, however, can pay no more than EUR 5 000 CZK. (2) The date of payment of the premium is considered a) in the case of payment on behalf of the district social security administration led by the payment service provider of the day when step the premium on account of payment service provider, the relevant district social security, b) in case of payment of cash, employees directly relevant district social security on which the competent employee of the cash received. (3) The payment service provider with which the account is maintained appropriate District Social Security Administration is required to provide the District Social Security Administration information on the date when the crediting amount on account of payment service provider, the relevant district social security administration, billing and account number or other unique identifier ^ 26). 26) § 2 para. 3 of a point. I) of the Act No. 284/2009 Coll., on the payment system. ". 4. In section 19 para. 4, the words "the bank, which" is replaced by "payment service providers that." 5. In section 19, paragraph 5 shall be deleted. Former paragraph 6 shall be renumbered 5. PART EIGHTEEN Amendment Act, amending certain acts in connection with the adoption of the Act on Capital Market Act on Collective Investment and Bonds Act Art. XX In Act No. 256/2004 Coll., Amending certain acts in connection with the adoption of the Act on Capital Market Act on Collective Investment and Bond Act, the Part Five, including the heading deleted. Nineteen Amendment to the Act amending Act No. 124/2002 Coll., On transfers of funds, electronic payment instruments and payment systems (the Payment System Act), as amended by Act No. 256/2004 Coll., And other laws Article. XXI In Act no 62/2006 Coll., Amending Act No. 124/2002 Coll., On transfers of funds, electronic payment instruments and payment systems (the Payment System Act), as amended by Act No. 257/2004., and other laws, the first part including the title deleted. PART TWENTY Changing the law amending certain laws in connection with the adoption of the law on the implementation of international sanctions Art. XXII In Act No. 70/2006 Coll., Amending certain acts in connection with the adoption of the law on the implementation of international sanctions, was part of the thirteenth including the title deleted. PART TWENTY ONE Amendment to the amendment of certain laws in connection with the determination of capital requirements for banks, credit unions, securities dealers and electronic money institutions Art. XXIII In Act No. 120/2007 Coll., On the amendment of certain laws in connection with the determination of capital requirements for banks, credit unions, securities dealers and electronic money institutions are including the title of Part IV of the deleted. PART TWENTY TWO Amendment Act, amending certain acts in connection with the adoption of the Act on Certain Measures against Money Laundering and Terrorist Financing. XXIV In Act No. 254/2008 Coll., Amending certain acts in connection with the adoption of the Act on Certain Measures against Money Laundering and Terrorist Financing, and part of the twenty-first title including the deleted. PART TWENTY THREE EFFECT Art. XXV This Act shall take effect on 1 November 2009, with the exception of Article. XVIII and XIX, which come into effect on 1 January 2010. pp. Nemcova mp mp mp Klaus Fischer