344/2014 Sb.
DECREE
of 19 December 2003. December 2014,
amending Decree No 247/2013 Coll., on applications under the Act on
investment companies and investment funds
The Czech National Bank provides under section 297 para. 4, § 316 paragraph. 6, § 318
paragraph. 6, § 319 para. 6, § 320 paragraph. 3, § 322 paragraph. 5, § 324 paragraph. 4, §
paragraph 325. section 454, paragraph 6. 1 and 2 and section 532 of the law No. 240/Coll.
investment companies and investment funds, as amended by Act No.
336/2014 Sb:
Article. (I)
Decree No 247/2013 Coll., on applications under the Act on investment
companies and investment funds, is amended as follows:
1. In article 1 (1). 3 (b). (b)), after the words "investment companies" shall be inserted after
the words "authorized to manage collective investment fund" and the words
"or to take over that person" shall be deleted.
2. In paragraph 2 (a). e) point 3, the words "mutual fund" the words
"or the Trust Fund".
3. In paragraph 2 (a). h) point 1, after the word "participation", the words "or after
that person has to be controlled. "
4. In paragraph 2 (a). (h)), point 6, the words "on the basis of the Treaty"
shall be deleted.
5. In section 3, paragraph 3. 1 (b). (b)) and § 8 para. 1 (b). (c)), after the word "of"
the words "start and" and the words "and" shall be deleted.
6. In section 3, paragraph 3. 1 (b). (c)), the words "(a). b) to (d)) "shall be replaced by
"(b). (b) to (e))) ".
7. in section 3, paragraph 3. 3 (b). b) point 2 is added:
"2. a CV including details of the education and information about the professional practice and
an overview of past and current membership in the elected bodies of other
legal persons ".
8. In section 3, paragraph 3. 4 (b)):
"(b) a list of the heads of legal) persons referred to in letter a), document
to assess the credibility and a document issued by a foreign State of integrity
each of the persons referred to in this list ".
9. in section 3, paragraph 3. 4 at the end of paragraph (e)), the word "and" shall be deleted.
10. In section 3, paragraph 3. 4 at the end of subparagraph (f)) dot is replaced by "a" and
the following point (g)), which read as follows:
"g) information about the personal link of the person with a qualifying holding on
the applicant, with a different legal entity relating to the present and the past
the membership of this person in the elected bodies of other legal persons for
during the last 10 years and containing identifying information other
legal entities, the indication of the functions and the term of Office; If a person with
qualifying holdings in the applicant legal person, enter the following information
for the persons mentioned in the list referred to in subparagraph (b)). ".
11. in section 3, paragraph 3. 5 (b). c) points 1 and 2, the words "in the case of the applicant,
which intends to exceed the determined limit, ' shall be deleted.
12. in section 3, paragraph 3. 5 (b). e), the words "article 14, paragraph 1. 1 "shall be deleted.
13. footnote # 10 reads as follows:
"10) article 14 of European Parliament and Council Regulation (EU) no 346/2013
of 17 May. April 2013 on European venture capital. ".
14. in section 3, paragraph 3. 5 (b). f), the words "article 15 paragraph 1. 1 "shall be deleted.
15. footnote No 11:
"11) article 15 of the European Parliament and Council Regulation (EU) no 346/2013
of 17 May. April 2013 the European social entrepreneurship funds. ".
16. in section 3, paragraph 3. 6 (a). (b) paragraph 4 (b)). (f)), § 8 para. 5 (b). (b)), section 12
paragraph. 5 (b). (b)) § 31 para. 2 (a). and paragraph 35) and §. 2 (a). point 2 (e))
the word "professional" is deleted.
17. in § 8 para. 2 (a). a), the words "to the extent specified in the Act"
shall be deleted.
18. in § 8 para. 4 (b). (b)), after the words "from the draft Treaty," added
the words "and further confirmation of the person of the administrator in the case of release
to enable the business of government investment fund will this agreement
closed ".
19. in § 8 para. 4 (b). (c)), the words "which intends to exceed the record
limit, ' shall be deleted.
20. In § 8 para. 4 (b). c) point 2, the words "and the provision of other
services ' shall be deleted.
21. in section 11 (1) 1 (b). (c)), the words "(a). b) to (d)) "shall be replaced by
"(b). (b) to (e))) ".
22. In section 14 in paragraph 1(b). 1, after the words "investment company," the word "and"
replaced with a comma and following the words "the principal and administrator".
23. section 15 reads as follows:
"§ 15
Consent to the performance of functions under section 515 of the Act
(1) the Particulars of the request for prior consent to the performance of functions under section
515 of the Act are
and) identification of the person to be granted, including
indication of whether this is a
1. the head of the person, or
2. the person pursuant to § 21 para. 5 of the Act,
(b)) identification of persons for which the function is to be exercised, and
(c)) of the annex referred to in paragraphs 2 and 3.
(2) the annexes to the application as the person referred to in paragraph 1 (b). and) are
and to assess the trust document),
(b)) biography containing information on education and training, and information
an overview of past and current membership in the elected bodies of other
legal persons,
(c) a document issued by a foreign State) about the integrity and
(d)) Declaration of incapacitation.
(3) Other attachments related to the applications referred to in paragraph 1 are
and a description of the feature you) a person referred to in paragraph 1 (b). and)
exercise, including powers and responsibilities associated with this feature and
the anticipated date of the provisions to the function; a person who has a different
way to actually control the person referred to in paragraph 1 (b). (b)), also
justification on the basis of what the fact this person controls
(b)) the identification and function of the person that the person referred to in paragraph
1 (b). and) replaces and
(c)) the organizational structure of the person referred to in paragraph 1 (b). (b)), if
changed in connection with the change of the head of the person. ".
24. section 4 reads as follows:
"section 16 of the
[To section 520 (1) (a) to (c).)) of the Act]
(1) the Particulars of the application for consent to the acquisition or increase of qualifying
participation in the investment companies, government investment fund or
the main administrator (hereinafter referred to as "regulated legal person") or to
mastery of these people are
and) identification of the applicant,
(b)) identification of controlled legal entities on which to take
or increase the qualified participation or to be mastered,
(c)) the current, newly acquired and the resulting total amount of qualified
participation in the capital or voting rights, expressed in
percentage or other form of application of the relevant influence on the management of
the applicant,
(d)) information related to the exercise of voting rights, the content of which is
an indication of whether
1. participation is also in its own name and on its own account,
2. voting rights will be exercised in favour of a third person,
3. voting rights will be transferred to another person on the basis of the agreement
or contracts,
4. the applicant is controlled by a person,
5. the applicant acting in concert with the person to whom the performance was converted
of the voting rights or which may exercise significant influence on the
a regulated entity, and
(e)) of the annex referred to in paragraphs 2 to 4.
(2) Annexes containing information about the applicant and his intention to acquire
or to increase a qualifying holding in the regulated legal person or
control are
and) proof of the business, in the case of a legal person, or
a natural person entrepreneur
(b)) the proof of origin of the financial resources, which is paid for the acquisition of
or increase of qualifying holding on the regulated legal person or
the other person, which is also a qualified participation,
c) description of the facts on which leads to a mastery of the regulated
legal persons, and records of the origin of the financial resources, which should be
applied to the redemption of the share of partnership that is not a controlling person,
d) strategic plan under section 2 (b). h) related to a qualified
participation in the regulated legal person or with its dominating,
(e)), the financial statements,
(f)) to assess the applicant's trust document and a document issued by a foreign
State of the integrity of the applicant,
g) information on persons with close links with the applicant,
h) description of the relationship between the applicant and the regulated entity, on which
the applicant proposes to acquire or increase the qualifying holding or control,
and the relationship of the applicant to persons with a special relationship to the regulated
a legal person, at least to persons who are senior management
or members of the supervisory body of the regulated legal person,
I) the list of persons acting in concert with the applicant have, take, or
increase a qualifying holding in the regulated legal person or
embrace them, together with their identification data, the amount of the share or
other forms of participation in the regulated legal person and a description of the facts
which leads to a concerted practice,
j) list and the identification data of the heads of the applicant, proof to the
the assessment of credibility and a document issued by a foreign State of integrity
each person on this list, if the applicant is a legal person,
the personal information link) of the applicant with another legal entity
concerning the present and the past of the applicant's membership in the elected
bodies of other legal entities, for the period of the past 10 years, and
containing identification details of the other legal entities, the indication of the functions and
the term of Office; When the applicant is a legal entity, provide the following
information for persons included in the list referred to in subparagraph (j)), and
l) the opinion of the authority, which supervises the applicant in his country of
Headquarters, to the person's intention to participate financially in the Czech Republic on
business regulated legal person or dominate it, when the applicant is
person established outside the territory of a Member State.
(3) if in connection with the acquisition of a qualifying holding or controlling
experience a change in senior management, regulated legal person, are part of the
the application also attachments that contain information about the newly proposed head
the person, which are
and) identification, including the features,
(b)) whether this is a change in the number of senior people or replacement
the current senior management, in the case of a change in the number of Heads of State
whether and to what extent it is associated with a change in the powers and competences, and in
the case of the exchange of the existing senior management shall bear the head of a person who is
atomically,
(c) to assess the trustworthiness of information),
d) biography containing information on education and training, and an overview of the
past and present membership of the elected bodies of other legal
people and
(e) a document issued by a foreign State) of good character.
(4) when the applicant is a person who asks for your consent only because of the management,
management and custody of assets of the customer, not the applicant shall be obliged to
enclose the documents referred to in paragraph 2 (a). b).“.
25. section 17 is repealed.
26. in section 18 para. 1, letter a) is added:
"and according to § 16) the opinion paragraph. 2 (a). l), documents and supporting documents
referred to in § 16 para. 2 and 3, for which there was a change in relation to the situation
which was the prior consent to the acquisition or increase of qualifying
participation in the regulated legal person or to its domination of the independent,
and ".
27. in section 18 para. 1, point (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
28. in section 18 para. 2 letter d) is added:
"(d)) description the facts on which the applicant becomes a person
controlling regulated legal person and evidence of the origin of
resources, which should be applied to the redemption of the share of partnership that
is not a controlling person. ".
29. in the heading of section 19 reads as follows:
"Qualified investment company authorized to manage
a collective investment fund to another legal entity
(To section 509 of the Act) ".
30. In paragraph 19 (1):
"(1) the request for consent of the Formalities of the investment company qualifying
to manage collective investment fund to acquire or increase
qualified participation in another legal entity (hereinafter referred to as the "target person")
are
and the applicant and the identification data) the destination of the person on whom it is to be acquired
or increased participation,
(b)) the existing and newly acquired and the resulting total amount of participation on the target
the person in the preparation and
(c)) of the annex referred to in paragraph 2. '.
31. In article 19, paragraphs 3 and 4 shall be deleted.
32. In paragraph 23 of the title:
"Entry on the list of foreign investment funds to which they can be
investments offered in the Czech Republic
[To section 597 d) or (e)) of the Act in conjunction with section 316 paragraph. 6, § 318
paragraph. 6, § 319 para. 6, § 320 paragraph. 3, § 322 paragraph. 5, § 324 paragraph. 4 and §
paragraph 325. 6 of the Act] ".
33. In paragraph 2 of article 23. 2 (a). and), after the words "the management of this Fund"
the words "proving the legitimacy of translates into higher exceed
record limit ".
34. In § 24 para. 2 (a). (c)), the words "in the case that this is a standard
child Fund, also "and the word" and "at the end of subparagraph (c)) shall be deleted.
35. In § 24 para. 2 at the end of paragraph (d) is replaced by a comma and dot)
following the word "and".
36. In § 24 para. 2 letter e) is added:
"e) of the annex pursuant to § 3 (2). 5 and 6, which are affected by changes in the
connection with the management of the Fund, to which the standard is
asks. ".
37. section 26 including the title reads as follows:
"section 26
Registration of an investment fund, which is not a government investment fund
[To section 513 (1) and § 514 in conjunction § 597) (a) of the Act]
(1) the necessities of the application for registration of an investment fund that is not
Government Investment Fund, to the list of investment funds under section
(a) 597. and) of the Act are
and) identification
1. the applicant,
2. persons registered in the list referred to in paragraph (b), 596. (f)) of the Act, which at the time of
submission of the application the applicant manages assets, when the applicant is already resulting from the
legal person,
3. individual statutory authority of the applicant,
4. the depositary and
5. the administrator, if the administration of the investment fund does not
individual statutory authority of the applicant in accordance with point 3, that is, or has
be the person authorized to manage the investment fund, and
(b)) of the annex referred to in paragraph 2.
(2) the annexes to the application are
and the social contract of the applicant),
(b)) the Statute of the European Investment Fund and
c) proof of the business, when the applicant is already resulting from the
legal person. ".
38. section 27 including the title reads as follows:
the "section 27
Entry on the list of investment funds with the legal form of the trust
Fund
[To section 597 (b), (c)) of the Act]
Particulars of the request for entry on the list of investment funds with
the legal form of the Trust Fund are
and) identification
1. the applicant,
2. the depositary and
3. investment fund that has the legal form of the Trust Fund and
(b)) of the annex, which are
1. status of the Trust Fund and
2. the Treaty on the creation of a Trust Fund pursuant to § 148 paragraph. 1 of the law. ".
39. section 28 including the title reads as follows:
"section 28
Write to lists of investment funds under paragraph 597 of the law
(1) the application for registration to the necessities of the lists referred to in paragraph 597 of the Act in
cases not covered by paragraph 23 to 27, are
and the description of the article writing) under section 597 (f). a) to (d)) of the Act,
(b) identification of the applicant),
(c)) identification
1. translates into higher, unless the person referred to in subparagraph (b)),
2. an Enrollee investment fund, unless the person referred to in point (a)
(b)),
3. the depositary and
4. the administrator, if the administration of the investment fund does not perform his
obhospodařovatel,
(d) the type and nature of the body) and the legal form of investment fund, if it is not
evident from the written identifications, investment fund, and
(e)) of the annex referred to in paragraph 2.
(2) the annexes to the application are
a) document from which it is clear that obhospodařovatel is authorized to
to manage the Fund, for which registration is sought,
b) authorisations or equivalent document, from which it is clear that the
obhospodařovatel written investment fund is or is not entitled to
exceed the determined limit, unless with the permission of translates into higher
granted by the Czech National Bank,
(c)) the status of an investment fund or a similar document,
(d) a document comparable to a listing of) commercial register or equivalent evidence
concerning the foreign investment fund,
e) document that contains information for investors based in the United
Republic within the meaning of section 296 of the Act and
(f)) of the annex referred to in § 312 paragraph 1. 2 of the Act, with respect to the offering of investment
to a foreign investment fund under section 309 of the Act. ".
40. in section 29, paragraph 2 reads as follows:
"(2) the annexes to the application are
and) proof of permission to conduct business,
(b)) activity, from which it follows that the applicant is entitled to
to carry out the activities of the depositary or to provide investment services for storage
and management of investment instruments, including related services, if it
It is not apparent from the document referred to in point (a)),
(c) the intention of the applicant) in relation to the conduct of the activities of the depositary and, if
the applicant, a person under the supervision of the Czech National Bank, whether or not
the predicted effects of the performance of the activities of the depositary to the business plan
the applicant,
(d) substantive and organizational assumptions) of the applicant to ensure that the activities of the
the depositary, in particular the obligations related to ensuring individual
services that the applicant has as depositary,
e) biography containing information on education and training
1. the head of the organizational unit to the person whose competency falls
the activities of the depositary, if the applicant is a legal person, or
2. the applicant is a natural person, and
3. other people, which will ensure the activities of the depositary,
(f) the internal rules governing the procedures) to the management and control of conflicts of
interest pursuant to § 64 of law and Department of performance of other activities from the performance
the activities of the depositary pursuant to section 65 of the Act,
(g)) the draft Treaty on the credentials of the other person's performance of the activities of the applicant,
that should be the depositary of an investment fund, intends to delegate
the activities referred to in § 71 para. 1 of the Act, any other person, and the procedures for
checking the conduct of the activities to be entrusted to that person, and
h) other documents demonstrating compliance with the preconditions for the performance of obligations
the CSD arising from the law and from directly applicable regulations
The European Union, if those provisions apply to the depositary ".
41. section 30, including the title reads as follows:
"section 30
Entry on the list of the persons making the assets of comparable with
specifically, the
[To section 596 f) of the Act]
(1) the Particulars of the request for entry on the list of persons engaged in the administration of
the assets of a comparable achievement under section 15 of the Act, that are
required to write to the list referred to in paragraph (b), 596. (f)) of the Act, are
and) identification of the applicant,
b) information about the value the asset for each trust fund or similar
the device, which the applicant manages or intends to manage,
c) basic information about the specified strategy under section 598 paragraph. 2 of the Act, and
(d)) of the annex referred to in paragraph 2.
(2) the annex to the application are
and) proof of the applicant's business,
(b)), the list of trust funds or other similar device, which the applicant
manages or intends to manage,
c) description of the activity from which it is clear that the applicant carries on or intends to
engage in activity that constitutes a comparable with asset management
specifically, pursuant to § 15 para. 1 of the law and at the same time not different
regulated activities, and
(d)) for detailed information about the specified strategy referred to in paragraph 1 (b).
c).“.
42. In § 31 para. 2 at the end of subparagraph (b)), the word "and" is replaced by a comma and
the following subparagraph (c)), which read as follows:
"(c)) Declaration of incapacitation and".
Letter c) is renumbered as paragraph (d)).
43. In article 34 paragraph 2 reads as follows:
"(2) the annexes to the application are
and comparable to the document) the Fund rules;
(b)) of the current annual report of the Fund,
(c)) document comparable to the social contract,
(d)), the draft treaty or pursuant to § 306 para. 1 of the Act,
(e)), the text of the legislation governing foreign investment fund
and its obhospodařovatel, the administrator, and the depositary shall, to the extent necessary
for the assessment of comparability, and basic description of ongoing or
upcoming changes to this adjustment, and
(f) analysis of the comparability rules) offer, management,
Administration, investing and asset protection of foreign investment
the Fund with the rules for the Special Fund; This analysis shall take into account in addition to the
the legislation relevant for the assessment of comparability and more
the relevant rules and provides a conclusion on comparability within the meaning of § 626
paragraph. 1 of the Act, and a description of the reasons why the applicant considers the individual
rules for comparable. ".
44. In paragraph 2 of section 40. 2 (a). f), the words "cancelled," the words "and
If this is not a merger, which handles the communication on amalgamation,
the proposal from the notice of establishment of the right to repurchase the share certificate, if it is a
a mutual fund that has to be cancelled, ".
45. In § 47 para. 3 in the introductory sentence, the words "(a). (c)) "shall be replaced by
"(b). (d)) ".
46. In paragraph 49 (b)):
"(b)) of the annex, which are
1. the decision of the applicant of the dissolution of the company with the liquidation and
applying for the appointment of the liquidator and
2. Declaration by the applicant that the person meets the prerequisites for the liquidator
the performance of functions under section 349 paragraph 2. 2 of the law. ".
Article. (II)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 2015.
Governor:
Ing. Singer, Ph.d., v. r.
