442/2000 Coll.



LAW



of 27 June. October 2000,



amending the law No 6/1993 Coll. on Česká národní banka, as amended by

amended, and Act No. 166/1993 Coll. on the Supreme Audit

authority, as amended



Change: 127/2002 Sb.



Change: 227/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on Česká národní banka



Article. (I)



Act No. 6/1993 Coll. on Česká národní banka, as amended by Act No. 61/1993

Coll. and Act No. 15/1998 Coll., is amended as follows:



1. In article 1 (1). 2, after the words "legal person" the words ",

that has the status of a public body, ".



2. in article 1, paragraph 3, including footnote # 1):



"(3) the Czech National Bank is entrusted with the competence of the administrative authority in the

the scope of this Act and special legislation. ^ 1)



1) for example, Act No. 21/1992 Coll., on banks, as amended

legislation, Act No. 219/1995 Coll. foreign exchange law. ".



3. in section 1, paragraph 4 reads:



"(4) the Czech National Bank is running separately with professional care with

the property, which has been entrusted by the State. ".



4. section 2 is added:



"§ 2



(1) the main objective of the Czech National Bank is to ensure price

stability. If this is without prejudice to its primary objective, the Czech National Bank

supports the general economic policies of the Government leading to sustainable

economic growth. The Czech National Bank is acting in accordance with the principle of

an open market economy.



(2) in accordance with its main aim of the Czech National Bank



a) formulates the monetary policy,



b) issue banknotes and coins,



c) controls the circulation, payment systems and clearing banks, takes care of their

the fluidity and efficiency and contributes to ensuring the safety,

the reliability and efficiency of payment systems and on their development,



(d)) shall exercise supervision over the activities of a Bank of banks, branches of foreign

banks and the consolidation plant, the part of the Bank is based in

The Czech Republic, and takes care of safe functioning and efficient development

the banking system in the Czech Republic,



e) performs other activities under this Act and according to the specific

Law 1)



(3) the Czech National Bank in performing its tasks shall cooperate with

the central banks of other countries, authorities supervision of banks and financial

the markets of other countries and with international financial organisations and

international organizations concerned with the supervision of the banks and

financial markets ".



5. in section 3, paragraph 1 reads:



"(1) the Czech National Bank is required to be given to the House of Commons at least

twice a year to discuss a report on monetary developments. If agreed on

The Chamber of Deputies, the Czech National Bank shall submit not later than 30 days

the extraordinary detail of monetary developments. In the resolution of the Chamber of deputies must

be noted, what has the extraordinary report. ".



6. In paragraph 3, the following new paragraph 1, paragraphs 2, 3 and 4, including

footnote 1a) are added:



"(2) a report on the monetary developments presented the Chamber of Deputies, Governor

The Czech National Bank, which in this case is entitled to participate in the

a meeting of the Chamber of Deputies, and he must be allowed to speak. "^ 1a)



(3) the Chamber of Deputies a report on monetary developments take note or

requests its replenishment.



(4) if the House's supplement of the message, is the Czech National Bank

required to submit a report within 6 weeks, supplemented by per request

The Chamber of Deputies.



1A) § 52 para. 2 Act No. 90/1990 Coll., on rules of procedure of the

the Chamber of Deputies. "



Paragraphs 2 to 5 shall be renumbered as paragraphs 5 to 8.



7. in § 5 para. 2 (b)):



"(b)) approves the budget for the activities carried out in

the main objectives of the Czech National Bank and shall draw up a draft operating and

the investment budget, ".



8. in § 5 para. 2 letter e) is added:



"e) shall exercise the rights and obligations arising from employment relations

against employees of the Czech National Bank. These acts may authorize other

person from among the employees, ".



9. in § 5 para. 2 (f)) repealed.



Letter g) is renumbered as paragraph (f)).



10. paragraph 6 is added:



"section 6



(1) the Board is a seven. Its members are the Governor, the United

the National Bank, 2 further involvement of the Czech National Bank and the other 4 members

the Bank Board of the Czech National Bank.



(2) the Governor, viceguvernéry, and appoints and dismisses the other members of the

President of the Republic.



(3) the Governor, viceguvernéry and other members of the Bank Board proposes

the Government.



(4) No person shall act as a member of the Bank Council more than twice.



(5) members of the Board are appointed for a period of 6 years.



(6) with membership of the Bank Council is incompatible members

the legislature, the Executive and the membership of the management, supervisory and

the control bodies of other banks and businesses, and performance

self-employment.



(7) a member of the Bank Board may be appointed as a citizen of the Czech Republic, which



and) is a fully competent to perform legal acts,



(b)) has a degree,



(c)) is blameless, and meets the conditions laid down by specific legal

by-law,



(d)) is in monetary and banking matters recognized and experienced

celebrities.



(8) the integrity, for the purposes of this Act, a natural person who

has not been lawfully convicted of a crime.



(9) the Board members are employees of the Czech National Bank.



(10) Board members shall not hold any other paid or

engage in any gainful activity except to manage their own assets

and the activities of the scientific, literary, journalistic, artistic and pedagogical.

In these activities and nonprofit activities are members of the

required to ensure that conflicts of interests or the use of information

acquired in the performance of the duties of a member of the Bank Board. The provisions of § 2 (2). 3

This is not prejudice.



(11) a member Bank Board ends



and) expiration of his term of Office,



(b)) on the day immediately following the day of receipt of the written revocation from the

function or by resignation in writing and or a later date

referred to in the dismissal or resignation.



(12) the President of the Republic shall withdraw the Member of the Bank Council



and, in violation of paragraph 6) or paragraph (7) (a). (c)),



(b)) the date of application of the judgment, which was deprived of the capacity to

legal capacity or has limited capacity to perform legal acts.



(13) the President of the Republic may remove a member of the Bank Council

If the function does not exercise for longer than 6 months. ".



11. In the heading of part III, the following shall be added at the end of "and other

The AUTHORITIES ".



12. section 9 reads as follows:



"section 9



(1) the Czech National Bank and the Bank Board is in performing its tasks

independent of the guidance of the Government, the President of the Republic, the Parliament, other

administrative offices or bodies of territorial self-government.



(2) matters relating to the foreign currency regime and determining the inflation

the objectives of the Czech National Bank shall consult with the Government and to request her

submit reports on such matters. ".



13. section 11 is added:



"section 11



(1) the Minister of finance or another designated member of the Government shall be entitled to participate in the

the Advisory Board meeting and may make proposals

to discuss.



(2) the Governor of the Czech National Bank or specified by the Lieutenant Governor is

entitled to participate in the advisory meetings with the Government. ".



14. In the introductory part of section 22, the words "by law" shall be replaced by

"decrees".



15. in article 23, paragraphs 2 and 3, including footnote 2) are repealed and the

at the same time, paragraph 1 shall be abolished.



16. section 24 reads as follows:



"§ 24



The Czech National Bank sets



and published in the Gazette) the Czech National Bank rules

Prudential bank,



(b) prudential rules) Decree of the other people on the money

the market and the conditions under which can be traded on the money market. "



17. in § 25 para. 1, the bracket is replaced by a period and a comma, the words "which

generally not be remunerated. "shall be deleted.



18. in § 25 para. 2, after the word "banks" a comma is replaced by a dot and the word

"with the exception of the cases referred to in paragraph 3. ' shall be deleted.



19. In article 25, paragraph 3 shall be deleted.



20. in section 26 para. 1 the words "up to three times the amount" shall be replaced by

"twice".



21. in section 29 is at the end of paragraph 2 the following sentence:



"In granting this loan, Czech National Bank requires a corresponding

ensure. ".



22. section 30 reads:



"section 30



(1) the Czech National Bank conducts accounts according to the law on budgetary

rules and amending certain related laws.



(2) the Czech National Bank may not provide repayable financial resources

or other financial support of the Czech Republic or its institutions, the territorial

municipalities, public entities and legal persons under the

control of a State, territorial self or by a public

the body, with the exception of the banks, and even the purchase of bonds from these

subjects, where these bodies their issuers. Similarly, with these

operators must not make trades, the result of which could give rise to

the Czech National Bank claims against these bodies. ".



23. section 32:



"§ 32



The Czech National Bank can to steer the money market to buy and sell

securities, unless this Act provides otherwise. ".




24. in section 34 para. 1, after the words "United National Bank can" be inserted

the words ", subject to the conditions customary in the banking sector".



25. In section 34 is at the end of paragraph 1 the following sentence:



"The list of such legal persons in the Czech National Bank publishes an annual

report on the results. ".



26. In article 35, the following new subparagraph (a)), which read as follows:



"and with the agreement of the Government) sets the inflation target and mode of the course of the Czech currency

to foreign currencies ".



Letters) to c) shall become point (b)) to (d)).



27. in paragraph 36 (b)) shall be deleted.



Subparagraph (c)) to e) shall become letters (b)) to (d)).



28. in paragraph 36 (b)):



"(b)) shall issue a decree conditions for trade in gold and other

foreign exchange values and conditions for performance of foreign exchange activities

carried out by banks and other persons under a special legal

Regulation 5) ".



29. in paragraph 38, the following paragraph 1, which reads as follows:



"(1) the Czech National Bank is authorised to operate systems for the

interbank payments. ".



The present text becomes paragraph 2.



30. In § 38 paragraph 1(a). 2 the words "the law" shall be replaced by

"by Decree".



31. in paragraph 41, paragraph 2, including footnote 8) and (9)):



"(2) the Czech National Bank requires to secure its tasks needed

information and documents from the



and) banks foreign banks



(b)) other persons that are financial institutions ^ 8), or in which it has

the Bank qualified participation ^ 9), or that have information

necessary for the compilation of balance of payments of the Czech Republic.



8) § 17a. 3 of Act No. 21/1992 Coll., as amended by Act No. 16/1998 Coll.



9) § 17a. 4 of Act No. 21/1992 Coll., as amended by Act No. 16/1998

Coll. ".



32. In paragraph 41, the following paragraphs 3 to 5 shall be added:



"(3) the Czech National Bank shall issue a decree circuit other persons referred to

in paragraph 2 (a). (b)) and the content, form, and style of presentation dates from

They requested information and documents. The Czech National Bank sets

the measures published in the journal of the Czech National Bank, the form, content

the terms and manner of presentation of the information and documents required from banks

and branches of foreign banks and the methodology for compiling and binding

organizational and communication conditions for the transmission of all information and

supporting documents.



(4) If the submitted information and documents do not match the specified

the rules referred to in paragraph 3, or if you have reason to doubt

their accuracy or completeness, the Czech National Bank is entitled to

to request the appropriate clarification or explanation. If the Bank,

branch of a foreign bank or any other person referred to in paragraph 2 (a). (b))

the required information and supporting documents or does not submit such information and

the supporting documents are incomplete or incorrect, repeatedly advancing the Czech national

the Bank under a special legal předpisu4) to banks and branches

foreign banks and to other persons included in the consolidated Group

in the case, in the case of an obligation to these people provide information for

the purpose of the banking supervision on a consolidated basis to other persons

According to section 46.



(5) the Czech National Bank shall issue a decree conditions for labelling purpose

payments needed for the compilation of the balance of payments of the United States. ".



33. The name of the part of the ninth added:



"Supervision".



34. section 44, including footnote No 9a):



"§ 44



(1) the Czech National Bank exercises supervision over the



and the activities of banks, branches) of foreign banks and consolidation units,

the part of the Bank is based in the Czech Republic, and above the safe

the functioning of the banking system (banking supervision) according to § 2 (2). 2 (a).

(d)),



(b)), the activities of persons other than banks, which are authorized under the Special

legislation, 5)



(c)) in a safe, reliable and efficient operation of payment systems.



(2) surveillance shall include



and assessment of applications for the granting of the) licenses and permits, according to special

law ^ 9a)



b) ensuring observance of the conditions laid down in their licences and the

authorisations,



c) control compliance with laws, if this check, Czech

National Bank of this Act or special legal předpisy1)

empowered to, and monitoring of compliance with regulations and measures issued by the Czech

National Bank,



d) saving remedial measures and fines when discovering the shortcomings referred to in

This law or under special legislation. 4)



9A) for example, Act No. 21/1992 Coll., as amended, the law

No. 219/1995 Coll., Act No. 455/1991 Coll., as amended. ".



35. In paragraph 45, the word "Bank" is deleted.



36. In § 46 para. 3 (b)):



"(b)) persons that breach of obligations arising from § 41 para. 2 to

4. "



37. section 47 reads as follows:



"§ 47



(1) budget, which refers to the activities carried out in

the main objectives of the Czech National Bank, the Bank Board approves.



(2) in the operating and investment expenditure managed by the Czech national

the Bank, according to the Chamber of Deputies approved the budget. The design of this

the budget prepares the Bank Board of the Czech National Bank and submitted to the

the President of the Chamber of Deputies, not later than 3 months before the start of

of the financial year.



(3) the refusal of the Chamber of Deputies the draft budget of the Czech National Bank,

the Bank Board is required to submit a proposal within 6 weeks, supplemented and

refined, as requested by the Chamber of Deputies.



(4) if the Chamber of Deputies ratified with the budget of the United

the National Bank for the financial year prior to the first day of the budget

of the year, the budget management in the time from the first day of the budget

year to the date of approval of the budget for this financial year, the revenue and volume

the expenditure budget of the Czech National Bank approved for the previous

the financial year.



(5) the Czech National Bank from its proceeds shall be borne by the necessary costs of your

activity. Created by the profit used for the replenishment of the Reserve Fund and other

funds created from profit, and to all other use in the budgeted amount.

The remaining profit drains into the State budget.



(6) the annual report on the results of the Czech National Bank

be submitted no later than 3 months after the end of the calendar year to

discussion of the Chamber of Deputies.



(7) the Chamber of Deputies may report on the results of the Czech

the National Bank of



and approve)



(b)) take note, or



c) refuse.



(8) if the Chamber of Deputies a report on the results of the Czech

the National Bank, the Czech National Bank is obliged to submit within 6 weeks

message zpřesněnou and supplemented by the requirements of the House. ".



38. In paragraph 48, paragraphs 1 and 2, including footnote No. 12a) are added:



"(1) the Czech National Bank keep accounts according to a special legal

prescription. ^ 12a)



(2) the financial statements of the Czech National Bank is verified by one or more

the Auditors, who shall be designated in agreement with the Minister, the Banking Council

finances.



12A) Act No. 563/1991 Coll., on accounting, as amended

regulations. ".



39. In paragraph 48, paragraph 2, the following paragraph 3 is added:



"(3) as soon as it is approved and audited accounts audited, Bank

the Council shall forward it to the Chamber of Deputies and the public. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



40. the following section is inserted after section 49 49a, which including the footnotes No.

24) and 25):



"§ 49a



Salaries, benefits and compensation



(1) the Governor of the Czech National Bank is entitled to salary, additional salary, compensation

expenditure in kind performance and severance grants as Prime Minister by

a special legal regulation.



(2) the Vice-Governor of the Czech National Bank is entitled to salary, additional salary,

reimbursement of costs, performance and severance grants in kind as the Deputy Prime Minister

under special legislation.



(3) other members of the Bank Board of the Czech National Bank shall be entitled to

salary, additional salary, reimbursement of expenses, natural performance and severance grants as

Cabinet Minister under special legislation. ^ 24)



(4) the remuneration of other staff of the Czech National Bank establishes

the Bank Board, taking into account the pay conditions of workers of organs

the State administration, ^ 25) if carried on mutually comparable.



24) Act No. 237/1995 Coll., on salary and other terms associated with the

the performance of the functions of the representatives of State power and some State authorities and

judges, as amended.



25) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in

the budget and certain other organisations and bodies, as amended by

amended. ".



Article II



cancelled



PART TWO



Amendment of the Act on the Supreme Audit Office



Article. (III)



Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll., Act No. 114/1994 Coll., Act No. 224/1994 Coll., Act No.

58/1995 Coll., Act No. 237/1995 Coll., Act No. 288/1995 Coll., Act No.

148/1998 Coll., Act No. 132/2000 Coll. and Act No. 220/2000 Coll., is amended

as follows:



1. in article 3, paragraph 3, including footnote No. 1 c) is added:



"(3) the Office shall ensure the control of the management of the Czech National Bank, unless it

the activities carried out in the main objectives of the Czech national assurance

the Bank provided for special legislation. ^ 1 c)




1 c) § 2 of the law No 6/1993 Coll. on Česká národní banka, as amended by Act No.

442/2000 Coll. ".



2. in section 30 is at the end of paragraph 1 the following sentence:



"A recognised control shall immediately be sent to the President of the Office's conclusion also United

the National Bank is controlled by a person. ".



PART THREE



The EFFECTIVENESS of the



Article IV



This Act shall take effect on 1 January 2000. January 2001, with the exception of article 87(1). (II),

which shall take effect on the date of accession of the Czech Republic to the European Union.



Klaus r.



Zeman in r.