58/2009 Sb.



DECREE



of 16 December 2002. February 2012,



amending Decree No 233/2009 Coll., on applications, approval of persons

and the method of proof of professional competence, integrity and experience

persons and on the minimum level of financial resources provided to the Branch Office

foreign banks, as amended by Decree No 192/2007 Sb.



The Czech National Bank establishes, pursuant to § 4 paragraph 2. 1, § 5 para. 5, section 20 (2).

4 and § 26 para. 6 of Act No. 21/1992 Coll., on banks, as amended

regulations under section 2a paragraph 2. 1 and 5, § 2b, paragraph 1. 4 and paragraph 25f. 8 of the Act

No 87/1995 Coll., on savings and credit cooperatives and some

measures related to it and the law of the Czech National Council

No. 586/1992 Coll., on income taxes, as amended in

as amended, pursuant to § 139 paragraph 2. 2 of Act No. 189/2004 Coll.

for collective investment, as amended, to implement section

58 para. 3, § 61 para. 1, § 63 para. 2, § 64 para. 2, § 64a para. 2, §

65, section 66 paragraph 1. 3 and 8, section 67 para. 2, § 68 para. 2, § 71b of paragraph 1. 4, § 72

paragraph. 6, § 84a of paragraph 1. 10, § 96 para. 2, § 97a of paragraph 1. 3, section 100b of the paragraph. 3 and

§ 100 para. 3 of Act No. 189/2004 Coll., on collective investment in

as amended, pursuant to § 199 para. 2 Act No. 256/2004 Coll.,

on the capital market, as amended, to the

the implementation of § 7 para. 2, § 10 para. 4, section 10 d of paragraph 1. 4, § 19 para. 2, section 20

paragraph. 2, § 28 para. 3, § 30 paragraph 2. 6, section 32 c of paragraph 1. 8, § 38 paragraph 1(a). 2, § 39

paragraph. 5, § 43 para. 4, § 45 para. 2, § 46 para. 2, § 47 para. 1, § 90a

paragraph. 3, § 103 para. 3, Section 104a of the paragraph. 1, § 106 paragraph. 2, § 107 para. 2, §

the basic equipment of paragraph 1. 2 and section 198 paragraph 1. 3 of Act No. 256/2004 Coll., on business

the capital market, as amended, pursuant to section 170 of the Act No.

427/2007 Coll. on supplementary pension saving, to implement section 33 para. 3,

§ 35 para. 5, § 39 para. 4, § 44 para. 1, § 65 para. 1, § 69 para. 4, §

81, § 82 para. 1, § 96 para. 5, § 97 para. 8 (a). (c)), § 109 paragraph. 6, §

paragraph 111. 2 and section 113 para. 8 of Act No 427/2007 Coll. on supplementary

pension savings, and pursuant to section 110 of the Act No. 426/2007 Coll., on pension

savings, for the implementation of § 26 para. 5, § 45 para. 8 (a). (c)), § 58 para. 6

and § 61 para. 4 of law No. 426/2007 Coll., on pension savings:



Article. (I)



Decree No 233/2009 Coll., on applications, approval of the people and how

proof of professional competence, credibility and experience of the people and the

the minimum level of financial resources provided by the branch of the foreign

the Bank, as amended by Decree No 192/2006, is amended as follows:



1. in article 1, paragraph 1 reads:



"(1) this Ordinance lays down requirements of applications, the forms of applications

and the content of the annexes thereto, unless the applicant is requesting



and a banking license for the Bank) with a registered office in the Czech Republic (hereinafter referred to as

"the Bank"), the foreign bank that intends to establish a branch

on the territory of the Czech Republic (hereinafter referred to as "branch"),



(b)) to the formation and business savings and credit cooperatives

(hereinafter referred to as "the authorisation for the Cooperative Union"),



c) authorised dealer of securities, organizer

regulated market of the CSD, to operate securities settlement

with the finality of settlement system (hereinafter referred to as "securities settlement system"), to

the provision of investment services by branches

a foreign person, who is registered in a State which is not a Member State

The European Union or of the other State forming the European economic area,



d) authorised investment companies, investment fund,



e) authorised pension companies,



f) prior consent to the performance of the senior management,



g) consent to the acquisition or increase of qualifying holding on regulated

the legal entity that is a Bank, a cooperative záložnou dealer

securities, the organizer of the regulated market, Central

the depository, investment companies, investment fund or pension

companies (hereinafter referred to as "regulated legal person"), or to take over

This person,



(h)) to enable the conversion of the company or to the conclusion of the contract of transfer,

stopping or lease business of the company,



I) registration of the investment provider and its activities,



j) entry on the list bound agents, liquidators, administrators and forced



to register additional business activities),



l) authorization to create an open or a closed-end mutual fund,

the twisted, or pension fund,



m) permit conversion to a different mutual fund investment

the company, enabling the transfer of the management of all the participating or

pension funds other pension companies,



n) enable the merger or consolidation of mutual funds, enabling the merge

pension funds, participating or



approval of the amendment about) the Fund for collective investment, approval

Statute of local or of the Pension Fund and its changes



p) approval of the amendment of the depositary



q) enabling the public offering of securities issued by a foreign

a special fund in the Czech Republic, or



r) withdrawal of an authorisation to an investment company, the investment activities

the Fund, the pension company or withdrawal of the authorisation to build mutual

or local fund. ".



2. In footnote No. 4 at the end of the footnote to

a separate line of the following sentence "§ 3 (b). j) Act No. 427/2007 Coll.

the supplementary pension savings. ".



3. In paragraph 2 (a). (d)), after the words "of another Member State ' shall be replaced

"The European Union or of another State, representing the European economic space".



4. In paragraph 2 (a). (j)) at the end of point 4 dot replaced with a comma and the following

points 5 and 6 are added:



"5. § 3 (b). (g)) of the supplementary pension savings and



6. section 3 (b). e) of the Act on pension savings ".



5. In paragraph 2, the following shall be added at the end of paragraph a), which reads as follows:



"to the Member State) Member State of the European Union or other State forming

The European economic area. "



6. in section 3, paragraph 3, the following paragraph 4 is added:



"(4) an application for an authorisation pursuant to § 33 para. 3 of the law on the supplementary pension

savings shall be made on the form of which a specimen is given in Annex # 2b to

This Ordinance. ".



The current paragraph 4 shall become paragraph 5.



7. in section 3, paragraph 3. 5 is the number "3" by "4".



8. In section 4, paragraph 4. 2 (a). and after the words ") § 3 (1). 2 "the word" and "shall be replaced

comma and after the number "3" with the words "and 4".



9. In footnote # 5 at the end of the footnote to

a separate line of the sentence "shall be added to section 3 (b). (f)) Law No 427/2007 Coll.

the supplementary pension savings. "and on a separate line, the phrase" paragraph 3 (b).

l) Act No. 426/2007 Coll., on pension savings. ".



10. In section 14a para. 1 (b). (b)) of the point 2, the words "and management" are deleted.



11. In the second, the following new title IV title V, including

Title:



"HEAD IN THE



PENSION COMPANY



(To section 33, paragraph 3, of the Act on supplementary pension savings)



§ 14 c



(1) in the case of an application for authorisation to the activities of the pension company

the applicant shall proceed in accordance with § 3 (1). 4.



(2) in addition to the annexes referred to in section 4, paragraph 4. 1 (b). a) and (c)), para. 2 and 3

the applicant shall attach to the request also the attachments according to § 14a para. 1 (b). a) to

(f)) and § 14a para. 2. ".



Current titles V and VI are referred to as title VI and VII.



12. in paragraph 15 of the title the word "and" is replaced by a comma and the words "the law on the

collective investment "with the words" and § 39 para. 4 of the law on

the supplementary pension savings ".



13. in section 18, in the title of the word "and" before the words "§ 71b of paragraph 1. 4 "is replaced by

a comma and the words "the Act on collective investments" are the words

"and § 44 para. 1 the Act on supplementary pension savings ".



14. in paragraph 19, in the title of the word "and" before the words "§ 71b of paragraph 1. 4 "is replaced by

a comma and the words "the Act on collective investments" are the words

"and § 44 para. 1 the Act on supplementary pension savings ".



15. in paragraph 21 of the title the word "and" before the words "§ 96 para. 2 "is replaced by

a comma and the words "the Act on collective investments" are the words

"and section 65 paragraph 1. 1 the Act on supplementary pension savings ".



16. in section 21 para. 2 (a). (b)), after the words "identification number" is inserted

the word "person".



17. in article 21, the following paragraph 5 is added:



"(5) in the case of an application for authorization to convert according to the law on the supplementary

pension savings are attachments to the application referred to in paragraph 1 of the annex

pursuant to paragraph 2, where the project is considered the draft terms of merger

pension companies, which in addition to the listed requirements shall also include the

requirements referred to in section 65 paragraph 1. 2 of the Act on supplementary pension savings. ".



18. in paragraph 22, the words "under the heading to section 30 (paragraph 1. 6 of the Act on

the capital market and § 82 para. 1 of the law on the supplementary

pension saving) ".



19. in paragraph 22 of the paragraph. 2 at the end of subparagraph (d)), the word "and" is replaced by a dot and the

the letter e) shall be deleted.



20. in paragraph 22 of the paragraph. 3, point g) shall be deleted and points (h) and (i)))

referred to as the letters g) and (h)).



21. in section 22, the following paragraph 4 is added:




"(4) an application for registration of the activities associated with the distribution of participating and

pension funds under section 74 para. 1 of the law on the supplementary pension

savings and section 91 paragraph 2. 1 of the law on pension savings is served on

the form of which a specimen is given in annex 9 to this Decree. Along with the

investment intermediary applications provide evidence that the condition of professional

eligibility under the Act on supplementary pension savings. ".



22. in paragraph 23, the words "under the heading of the section 32 c (para. 8 of the law on

the capital market, § 81 and 82 of the Act on supplementary pension

saving) ".



23. in paragraph 23 of the paragraph. 1 the words "under section 32 c of paragraph 1. 8 of the law on business

the capital market ' shall be deleted.



24. In paragraph 25, the word in the title "and" is replaced by a comma and the words "the law on the

collective investment "with the words" and § 35 para. 5 of the law on

the supplementary pension savings ".



25. As part of the fifth part six shall be inserted, including headings:



"PART SIX



PARTICIPATION AND RETIREMENT FUNDS



§ 25ga



Authorization to create local fund or pension fund



(§ 96, paragraph 5, of the Act on supplementary pension savings and section 26, paragraph 5,

the law on pension savings)



(1) a request for authorisation to create local fund or retirement

the Fund shall be made on a form, a specimen of which is given in annex No. 19 k

This Decree.



(2) the request under paragraph 1 the applicant shall provide



and the annexes pursuant to § 25a) para. 2 (a). a) to (f)), and



(b) in accordance with § 14 c) of the annex, which are affected by changes in the context of the

management of the relevant Fund or funds for which it is requested

the authorization.



§ 25 GB



Authorization to transfer management of all participating or pension

other pension funds companies



(§ 109 (6) of the Act on supplementary pension savings and section 58 (6)

the law on pension savings)



(1) an application for authorisation for transfer of the management of all the participating or

pension funds other pension companies are served on a form

a specimen of which is given in annex 19 to this Decree.



(2) the request under paragraph 1 the applicant shall provide



and annex under Section 25b) para. 2 (a). and) to)



(b) in accordance with § 14 c) of the annex, which are for the pension company has

be participating or management of pension funds transferred,

without prejudice to any changes in connection with the management of the funds, for which the

asking permission.



§ 25gc



Merge Subscriber or pension funds



(§ 113 paragraph 8 of the Act on supplementary pension savings and section 61 (4)

the law on pension savings)



(1) an application for permission to merge pension funds to participating or

served on a form, a specimen of which is given in annex 19 to this

the Decree.



(2) the request under paragraph 1, the applicant shall be accompanied by the annexes in accordance with § 25 d

paragraph. 2 (a). a) to (d)).



§ 25gd



The approval of the Statute and its changes



(§ 97 para. 8 of the Act on supplementary pension savings and § 45 para. 8

the law on pension savings)



(1) an application for the approval of the Statute of a participating fund and its changes is served

on a form, a specimen of which is given in annex 15 to this Decree.



(2) the request under paragraph 1 the applicant shall provide the annex under section 25e

paragraph. 2.



(3) if in consequence of the amendment of the Statute occur to transform, the applicant shall be attached to the

the request referred to in paragraph 1 in addition to the annexes referred to in paragraph 2 of annex

under section 25e para. 3.



(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the request for approval

status of the Pension Fund and its changes and its annex.



§ 25ge



Change of depositary



(§ 96 para. 4 of the Act on supplementary pension savings and section 26, paragraph 4,

the law on pension savings)



(1) an application for approval of an amendment of the depositary of a participating or retirement

the Fund shall be made on a form, a specimen of which is given in annex 16 to the

This Decree.



(2) the request under paragraph 1, the applicant shall be accompanied by the annexes referred to in paragraph 25f

paragraph. 2. ".



The former part of the sixth and seventh are referred to as part of the seventh and the eighth.



26. In the title of the seventh section, the words "to the activity of investment companies

INVESTMENT FUND and the CREATION of a MUTUAL FUND ' shall be deleted.



27. in section 25j, the following new section 25 k and 25 l, that including the following titles:



"§ 25 k



The withdrawal of authorisation for the activities of the pension company



(Section 69, paragraph 4, of the Act on supplementary pension savings)



(1) an application for the withdrawal of authorisation for the activities of the pension company is served

on a form, a specimen of which appears in annex 18 to this Decree.



(2) the request under paragraph 1 the applicant shall provide the annex under section 25i CKS

paragraph. 2.



§ 25 l



The withdrawal of authorisation to create local fund



(Section 111, paragraph 2, of the Act on supplementary pension savings)



(1) an application for the withdrawal of authorisation to create local fund serves

on a form, a specimen of which is given in annex 19 to this Decree.



(2) the request under paragraph 1 the applicant shall provide the annex under section 25j

paragraph. 2. ".



28. After annex No. 2a is inserted after Annex 2b, to read as follows:



"Appendix 2b to Decree No. 233/2009 Sb.



29. Appendix 3:



"Appendix No. 3 to Decree No. 233/2009 Sb.



30. Annex 7 to 10 are added:



' Annex # 7 to Decree No. 233/2009 Sb.



Appendix 8 to the notice No. 233/2009 Sb.



Annex No 9 to Decree No. 233/2009 Sb.



Appendix 10 to Decree No. 233/2009 Sb.



31. Annex 12 reads as follows:



"Appendix 12 to the notice No. 233/2009 Sb.



32. Annex # 15 and 16 shall be added:



' Annex # 15 to Decree No. 233/2009 Sb.



Appendix 16 to Decree No. 233/2009 Sb.



33. Annex No. 18 and 19 shall be added:



"Annex 18 to the Decree No 233/2009 Sb.



Annex # 19 to the Decree No 233/2009 Sb.



Article. (II)



The effectiveness of the



This Decree shall take effect on the date of its publication, with the exception of points

17, 18 and 21, under section 25, in terms of § 25 GB, § 25gc and section 25gd paragraph.

4, and section 27, in terms of § 25 l, which will become effective on 1 January 2004.

January 1, 2013.



Governor:



Ing. Singer, Ph.d., v. r.