247/2006.
LAW
of 20 December. July 2011,
amending the Act No. 229/1992 Coll., on the commodity exchanges, as amended by
amended, and Act No. 222/2009 Coll., on freedom to provide services
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on commodity exchanges
Article. (I)
Act No. 229/1992 Coll., on the commodity exchanges, as amended by Act No.
216/1994 Coll., Act No. 103/1995 Coll., Act No. 70/2000 Coll., Act No.
285/2005 Coll., Act No 444/2005 Coll., Act No. 296/2007 Coll., Act No.
230/2008 Coll. and Act No. 227/2009 Coll., is amended as follows:
1. In article 1 (1). 1 the words "on commodity exchange" shall be replaced by "on the
the stock exchange ".
2. in article 1, paragraph 4 reads:
"(4) a person other than the stock market established under this Act may, in its
company, name, designation of the services rendered or in any
the context of its use or the use of the designation "commodity
change "or other indication from these words derived or
interchangeable, or such a designation that gives the impression that it is a
the activity of the stock market. ".
3. In article 1 (1). 5 (b). a), the words "(hereinafter referred to as" dealers ") ' shall be deleted.
4. In section 1, the following paragraph 6 is added: "(6) the Exchange shall keep records
According to the legislation governing the accounting for entrepreneurs. ".
5. in section 3, paragraph 1 reads:
"(1) the Change is determined by memorandum.".
Footnote 2 shall be deleted.
6. In section 3, paragraph 3. 3 (b). a), the words "trade name" shall be replaced by
"trade name or name or first and last names".
7. in section 3, paragraph 3. 3 (b). (b)) the words "mark" change "" shall be replaced by
"designation" commodities exchange "" or the word "change" in conjunction with the
the subject of stock exchange trades.
8. In section 3, paragraph 3. 3 (b). I) after the word "name" is inserted after the word ",
the surname ".
9. in section 4, paragraph 4. 1 letter f) is added:
"(f)) for detailed steps on the appointment and dismissal of the persons authorized to
brokerage stock trades pursuant to § 29 (hereinafter referred to as "the stock
a conciliator ") and their remuneration; the conditions under which a person may
legitimate mediation of stock exchange trades pursuant to § 23 para. 3
(hereinafter referred to as "the private of a conciliator") on the Stock Exchange Act; the conditions under which they are
the stock exchange of a conciliator and a conciliator (hereinafter referred to as "dealers") are entitled to
to conclude the stock trades on its behalf ".
10. In section 4 paragraph 2 reads as follows:
"(2) the Exchange shall publish, not later than 30 days from the date of its formation the Statute and
order of the trading session of the arbitral tribunal, if it is established, in a manner allowing
remote access and make them available at its headquarters for inspection. ".
Footnote 3 is repealed.
11. in section 5, paragraphs 1 to 5 including the footnotes # 13 to 16 shall be added:
"(1) for the operation of the stock exchange should be the State's authorization (" authorization ")
The Ministry of industry and trade or the Ministry of agriculture in
areas of responsibility ^ 13) (hereinafter referred to as "the competent authority of the State
the Administration ").
(2) the competent authority of the State administration shall grant authorisation for the operation of the stock exchange on the
the request of the founders of the stock exchange before the date of its registration in the commercial
the index, which after the establishment of the stock exchange passes at her, and under the conditions that
and founders)
1. take at least three years,
2. they are not or were not members of the Exchange, which has been in the preceding 5
years before the date of submission of the application withdrawn authorisation for any reason other than to
the request of the stock exchange,
3. a person who has been in the preceding 5 years before the date of
submission of a request under this Act for failure to perform obligations repeatedly
sanctioned,
4. persons connected according to the commercial code,
5. the date of the application in the register of tax arrears on taxes,
levies, fees, transfers, úplatách, penalties, interest and the
finance charge memo
6. on the date of submission of the application do not have arrears on premiums and on periodic penalty payments on
public health insurance, premiums and arrears on interest note on
social security and the contribution to the State employment policy,
7. are the persons whose property has been in the preceding 5 years
before the date of submission of the application is declared bankrupt or rejected the proposal on the
a declaration of bankruptcy for lack of their property or cancelled the audition
for lack of their property or compensation allowed under the law on
bankruptcy and settlement,
8. the persons for which they are not in the previous 5 years before the date of
submission of the application, it was decided about their bankruptcy or insolvency was
the proposal should be rejected for lack of assets of the debtor or bankrupt was cancelled
for lack of a debtor's assets by the Insolvency Act, and
9. the persons for which they are not in the previous 5 years before the date of
submission of the application are kept at the Court or another competent to do so
a public authority under the law of another State insolvency,
bankruptcy or other similar proceedings and decision has been given with the same
or equivalent, what their decisions according to the legal order of the Czech
Republic, referred to in section 7 or 8,
(b)), if the founders are natural persons,
1. integrity and
2. they were in the previous 5 years before the date of submission of the application
a statutory body or a member of the statutory body of the legal person
or were involved in any of the comparable functions in a legal entity,
AA) on whose property was in the previous 5 years before the date of submission of the
the application is declared bankrupt or rejected the proposal for the Declaration of bankruptcy
of the assets of the debtor or canceled for lack of Audition
the debtor's property or allowed to settle under the Bankruptcy Act and
the settlement,
BB) for which in the preceding 5 years before the date of submission of the application has been
decided on its bankruptcy or insolvency petition was rejected for
lack of assets of the debtor or bankrupt was canceled for lack of
the debtor's assets by the Insolvency Act,
CC) for which in the preceding 5 years before the date of submission of the application has been
conducted at the Court or another to a competent public authority
under the law of another State of insolvency, bankruptcy, or other
like proceedings and decision has been given with the same or similar
the effects of what their decisions according to the legal order of the Czech Republic,
referred to in point (aa)) or bb),
c) founders, showing that change will have on the date of commencement of service
sufficient financial, material, personnel and organizational prerequisites
for the operation of the stock market due to the anticipated scope of the activities and
the focus of the Exchange.
(3) in addition to the General requirements for filing applications, the founders shall bring
and the names and registered offices of the stock exchange),
(b)) and the type of stock object stores to be on the stock exchange
operated,
(c)) other contact information of the founders, in particular data identifier
mailbox, e-mail address and telephone number.
(4) an application for the grant of authorisation signed by all the founders and connects to the
These papers
and by contract)
(b)) the Statute,
(c)) of the order of the Tribunal, if the stock is to be set up at the stock exchange,
(d) confirmation of the absence of arrears) in taxes, levies, fees,
remittances, úplatách, fines and penalties, including the costs of the proceedings, which
they collect and enforce the territorial financial authorities under a special legal
prescription ^ 14), not older than 3 months,
e) ^ 15) confirmation of the absence of arrears on premiums and on periodic penalty payments on
public health insurance, not older than 3 months,
f) confirmation of ^ 16) about the absence of arrears on premiums and on periodic penalty payments on
social security contributions to the State employment policy, not
older than 3 months,
g) documents proving the financial, material, personnel and organizational
prerequisites for operation of the stock exchange referred to in paragraph 2 (a). (c)), and in particular
1. annual reports or financial statements or reports on income,
expenses, assets and liabilities of the founders for the 3 immediately
the previous financial year or equivalent document for foreign people,
2. the plan of business exchanges, based on the real economic
calculations,
3. the proposal for the technical activities of the Exchange, security
4. the design of the organizational structure of the stock exchange, and the number of
the staff who will ensure the individual activities of the Exchange,
(h)) if it is a foreign person, the documents referred to in section 5a paragraph 2. 3.
(5) the authorisation should also be a proposal to change the name of the Exchange, of the Statute, regulations
trading session of the arbitral tribunal and to become a member of the Exchange, with the exception of
Member of the Stock Exchange under § 17 para. 1 (b). (b)), or are the changes or the creation of
membership invalid. To change the name of the application for authorisation or of the Statute change
be accompanied by a General Assembly resolution on the amendment of the Statute and the new wording of the Statute. To
requests for permission changes the order of the arbitral tribunal shall be accompanied by a stock exchange
General Assembly resolution on the amendment of the order of the Court of arbitration and the new stock exchange
the text of the order of the trading session of the arbitral tribunal. The application for authorisation of developing
Stock Exchange membership shall be accompanied by the adoption of the decision of the Stock Exchange Chamber
Member of the stock exchange and the documents referred to in paragraph 4 (b). (d)), e), (f)), and (h)).
13) § 13 para. 2, and article 15, paragraph 2. 2 of the Act of the Czech National Council No. 2/1969
Coll., on the establishment of ministries and other central bodies of State administration
The Czech Republic, as amended.
14) Act No. 527/1990 Coll. on territorial tax authorities, as amended by
amended.
15) section 26e of Act No. 586/1992 Coll., on premiums for general health
insurance, as amended.
16) section 22 of Act No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations. ".
12. in paragraph 5, the following new section 5a, which including the footnotes No 17 and
18:
"§ 5a
(1) for integrity, for the purposes of this Act, a person who is not considered to
has been finally convicted of an offence committed intentionally, if the
This crime was committed in connection with business or with the subject
and the type of stock exchange trades, which are to be operated on the stock market, if
It does not look as if he has not been convicted ^ 17).
(2) in the case of a legal entity must be a condition of good repute in accordance with paragraph 1
meet a person who is
and) the statutory body or a member of a stock exchange,
(b) the head of the stock exchange),
(c) the Director General of the stock exchange) or another employee with comparable
scope.
(3) the integrity of the certifying statement of criminal records.
The competent authority of the State administration in order to support integrity's requests
under special legislation ^ 18) extract from the register Index
the sentencing guidelines. An application for a statement of convictions and an extract from the
criminal records to be transmitted in electronic form,
manner allowing remote access. A natural person who is not a
a citizen of the United States, evidenced by the integrity of the statement of evidence of similar
The criminal record issued by the State of which a citizen is a natural person, as well as
(I) documents issued by the States, in which more than 3 months continuously
During her stay in the preceding 3 years. Statements that show the integrity
must not be older than 3 months. Documents drawn up in a foreign language,
the competent authority of the State administration shall be submitted in the original text and
at the same time in an officially certified translation into the Czech language.
17) Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009
SB.
18) Act No. 266/1994 Coll., on criminal records, as amended
regulations. ".
13. in article 6, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
14. In article 6, paragraph 1 the following new letters and) and (b)), which read as follows:
"and fail to fulfil one of the founders) the conditions laid down in § 5 para. 2,
(b) the Exchange or the name) the proposed designation of the trading session of the arbitral tribunal
are likely to cause a risk of confusion or false idea, or
in a different way can affect the credibility of the Exchange, or stock
the Court of arbitration, ".
Letters and) and (b)) shall become points (c) and (d)).)
15. in section 6 (1). 1 at the end of subparagraph (c)) the following the word "or".
16. in article 7, paragraphs 3 and 4 shall be deleted.
17. in § 8 para. 2 (a). (c)), the term "trade name" shall be replaced by
"the business name or the name or name and surname".
18. in § 8 para. 2 (a). (d)) after the word "name" is inserted after the word ",
the surname ".
19. in § 8 para. 2 at the end of the text of subparagraph (e)) the following words "
enable the ".
20. in section 8 shall at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f) the business name or name) or the name and surname and address or
of residence of the members pursuant to § 17 para. 1 (b). (b)), and (c)). ".
21. in § 8 para. 3, after the words "for the registration of", the words "in the commercial
the register ".
22. in paragraph 8, the dot at the end of paragraph 3 is replaced by a comma and the following
the letter e), which reads as follows:
"e) document on the appointment of one third of the members of the Stock Exchange Chamber by the competent
by a government authority. ".
23. in paragraph 8, the following paragraph 4 is added:
"(4) the request for the registration in the commercial register shall be made without
undue delay, but not later than 90 days from the date of acquisition of legal
can enable, otherwise the rights and obligations of the permits will become void. The rights and
the obligations from the permit shall expire on the date of acquisition is also the decision,
which the Court of an application for registration in the commercial register
rejected. ".
24. under section 8, the following new section 8a, including title and notes
footnote # 19 is added:
"§ 8a
The operation of the Exchange
(1) a Change is required to:
and organize properly and continuously) the stock trades in the range a granted
the authorization,
(b)) to keep a list of people for the stock exchange operate and have access
to information concerning the activities of the Exchange, which is covered by
the requirement of confidentiality,
c) periodically check whether they are members of the Exchange, dealers and other persons
entitled to stock stores, met obligations to them under this
by law, the statutes and internal rules of the Exchange,
(d)), exclude the Member of the Exchange, with the exception of a member of the Stock Exchange under § 17 para. 1
(a). (b)), which no longer meets the conditions referred to in § 5 para. 2 (a).
a) and b), not later than 30 days from the date when the change became aware that the
the stock market has ceased to comply with the terms and conditions; the power of the stock exchange to the exclusion of a member of the stock exchange
pursuant to section 19 para. 2 this does not affect,
e) save the collection of documents incorporation of statute and
publish the valid text of the Statute and the order of the Court of arbitration, a stock
If it is established, not later than 30 days from the date of acquisition of legal power
permission of their changes, in a manner allowing remote access and
make them available for inspection at its head office,
(f)) properly secure the action of a stock of the arbitral tribunal, if it is
set up,
g) handle the annual report on the activities of the Exchange not later than 3 months after the
the end of the previous calendar year, disclose it by
6 months after the end of the previous calendar year way
allowing remote access and make it available at its headquarters to
inspection.
(2) the annual report on the activities of the Exchange include at least:
and information on the development of performance), and the existing economic activities
the status of the Exchange,
(b) a list of the members of the stock exchange)
(c) a description of the organizational structure of the stock exchange),
(d)) list of activities with which it changes mandated by a third person,
e) enumeration and the volume actually traded commodities and commodity derivatives
on the stock market and the number of days of stock,
(f)) and the list of private stock conciliators,
g) financial statements, auditor's report, and, where appropriate, the additional data referred to in
special legal regulation ^ 19),
h) information on the activities of stock of the arbitral tribunal, if it is set up.
19) Act No. 563/1991 Coll., on accounting, as amended
regulations. ".
25. In section 10, paragraph 1. 2 at the end of the text of the first sentence, the words "and
at the same time, by an absolute majority of the members appointed by the competent authority of the
the State administration ".
26. in paragraph 11, the following shall be added at the end of paragraph 4, the phrase "a member of the Stock Exchange Chamber
can only be a member of the Exchange. In the case of a member of the Exchange, which is a legal
a person may be a member of the Stock Exchange Chamber only a natural person who is
a statutory body or a member of the statutory body of the legal
of the person. ".
27. in section 12, the following paragraph 3 is added:
"(3) the Statute may determine which of the competencies listed in the Stock Exchange Chamber,
paragraph 2 (a). (d)), e), (f)), k) and (l)), within the scope of the treaties confer on the President
the Stock Exchange Chamber or General Secretary of the Exchange. ".
28. in § 16 para. 2, after the word "shall", the words "without prior
written consent of the Exchange. "
29. in paragraph 17, the following paragraphs 3 and 4 are added:
"(3) a member of the stock exchange may only be a person who satisfies the conditions referred to
in § 5 para. 2 (a). a) and (b)); This does not apply for a member of the stock exchange referred to in paragraph
1 (b). (b)).
(4) the number of members of the stock exchange shall not be less than 3 throughout the existence of
the stock market. ".
30. In article 18, paragraph 1, the following new paragraphs 2 to 4 shall be added:
"(2) the members of the Stock Exchange under § 17 para. 1 (b). and they are required to pay)
deposit the amount laid down by the Treaty, no later than 90 days
from the date of the Exchange.
(3) the members of the stock exchange must satisfy the conditions laid down in § 5 para. 2 (a).
a) and b) for the entire period of the membership in the stock exchange, this does not apply to members of the stock exchange
According to § 17 para. 1 (b). (b)).
(4) the members of the Stock Exchange under § 17 para. 1 (b). (b)) must be 21 years or older and
high integrity. ".
The current paragraph 2 shall become paragraph 5.
31. in section 25 is at the end of the text of paragraph 3, the words "shall be added; Furthermore, they may not
knowingly disseminate false news that could have an impact on the development of
courses in commodities and commodity derivatives, which are traded on the stock exchange,
or damage the market participants ".
32. In section 27, paragraph 7 is added:
"(7) the Exchange will publish the current odds and history courses in 5
immediately preceding years manner allowing remote access.
The courses are given in the kursovním data sheet. Exchange stores exchange rate sheets in
paper and electronic format for at least 5 years from the date of their
the publication and allows you to at its headquarters to look into them. ".
33. In section 29 para. 2, the words ' residing in the territory of the Czech Republic, "
shall be replaced by "is".
34. In section 29 para. 3 the words "the competent authority of the State administration" shall be replaced by
the words "stock exchange Commissioner".
35. In section 29 para. 4, the words "or the competent authority of the State administration may"
replaced by the words "and the stock exchange Commissioner may".
36. In § 30 paragraph 2. 5 the third sentence, after the word "confirmed" is inserted after the word
"the ticker".
37. In § 31 para. 2 the first sentence after the word "has" is inserted after the word "stock"
and in the second sentence after the word "wasted" is inserted after the word "stock".
38. In the heading of part seven, the word ' sanctions ' is replaced by ' ADMINISTRATIVE
OFFENCES ".
39. In § 33 para. 4 the first sentence and in § 44a para. 2 and 4 the word
"commodity" is deleted.
40. In § 33 para. 4 the third sentence, the words "shall inform the Czech National Bank"
replaced by the words "the State administration and the Czech National Bank are mutually
inform ".
41. In § 34 paragraph 1 reads:
"(1) the stock exchange Commissioner is in the exercise of State supervision shall be entitled to
check
and whether stock trades take place) in accordance with this Act and the
listing rules and considerations set out in section 6 (1). 1 (b). (b)),
(b) whether the activities of the Exchange,) of the stock exchange authorities, the members of the Exchange, conciliators and people
pursuant to § 21 para. 1 (b). (b)), and (c)) and § 25 para. 3 is in accordance with this
the law and the Statute,
(c) whether there are any in stock) reasons that can lead to suspension
the activities of the stock market or limit authorization to operate a stock exchange under section 35
paragraph. 1 or to withdraw an authorisation pursuant to § 35 para. 2 and 3,
(d)) whether people other than the stock market established under this Act in your business
company or name, the designation of the services rendered or in any
with regard to its activities do not use the designation "commodities exchange"
or other indication from these words derived or interchangeable,
or such a designation that gives the impression that the activity of the Exchange,
unless otherwise provided by special law to the contrary. ".
42. In § 34 paragraph 1. 2 letter a) is added:
"and criticize deficiencies and require) their elimination within a specified
a time limit ".
43. In section 34 para. 2 (b)) shall be deleted.
Subparagraph (c)) and (d)) shall become point (b)), and (c)).
44. In § 34 paragraph 1. 2 (a). (c)), the words "laws" are replaced by
the words "this Act".
45. In article 34, paragraph 4 shall be deleted.
The present paragraph 5 shall become paragraph 4.
46. section 35 and 36 of the title, including:
"§ 35
(1) the competent authority of the State administration may suspend the operation of the stock market or
limit the authorisation for the operation of the Exchange, for a maximum of 2 years, if
change violates the obligations under section 8a of the paragraph. 1.
(2) if the change removes the shortcomings within the prescribed period, the competent authority
the suspension of the activities of the State administration of Exchange or the limitation of the authorisation to
the operation of the stock market. If the change does not remove the deficiencies
Government authority shall withdraw the authorisation for the operation of the stock exchange.
(3) the competent authority of the State administration are fulfilled when
and) it becomes clear that the authorisation was granted on the basis of false
the facts,
(b) Exchange not started) activity within 12 months from the date of acquisition of legal
may permit,
(c)) in the 12 months prior to the initiation of the administrative procedure of the withdrawal
authorisation shall be held by the General Assembly,
(d)) in the 12 months prior to the initiation of the administrative procedure of the withdrawal
authorization were not elected members of the Stock Exchange Chamber, whose choice is for the
General meeting and which ended the term of more than 1 year,
(e) the number of members of the stock exchange) is at least 90 days to less than 3,
f) change in the 12 months prior to the initiation of administrative proceedings
withdrawal of authorisation you stock trades under section 8a of the paragraph. 1
(a). a), or
g) change the withdrawal of authorisations requested.
Administrative offences
section 36
(1) a natural person has committed the offence by
and) contrary to section 1 (1). 4 illegally used the designation "commodities exchange"
or other indication from these words derived or interchangeable,
or such a designation that gives the impression that the activity of the Exchange,
or
(b)) carries out activities of stock exchange without permission according to § 5 para. 1 or 5.
(2) a natural person as a person who will attend the trading session
the Assembly commits the offence by breach of an obligation under section 20
paragraph. 3.
(3) a natural person as a conciliator committed an offence by the stock exchange that
the stock closed the store in violation of § 21 para. 3.
(4) a natural person as a person entitled to stock stores commits
the offense that violates any of the obligations pursuant to § 24 para. 1.
(5) a natural person as a person specified in § 25 para. 3 committed by
the offense that violates any of the requirements of § 25 para. 3.
(6) a natural person as a member of the stock market or the Stock Exchange Chamber or as a
employee stock exchange commits an offence by that breach of an obligation under § 25
paragraph. 4.
(7) a natural person as a conciliator committed an offence by the stock exchange that
and) performs other gainful activity in violation of § 29 para. 3 or 4,
or
(b)) violates any of the obligations according to § 30 para. 1, 2, or 3.
(8) for the offense can impose a fine of
to 1 000 000 Czk), if the offence referred to in paragraph 1, 5, or 6,
(b)) to 100 000 CZK in the case of the offence referred to in paragraph 2, 3, 4, or 7. ".
Footnote No. 10 shall be deleted.
47. under section 36 shall be inserted a new section 36a and 36b, which including notes below
line # 20:
"§ 36a
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 1 (1). 4 illegally used the designation "commodities exchange"
or other indication from these words derived or interchangeable,
or such a designation that gives the impression that the activity of the Exchange,
or
(b)) carries out activities of stock exchange without permission according to § 5 para. 1 or 5.
(2) a legal entity or individual entrepreneur as a person
stock Assembly, take part in committing an administrative offense, by
breach of an obligation under section 20 (2). 3.
(3) a legal entity or individual entrepreneur as private a conciliator
committing an administrative offense by concluding a stock trade in violation of §
21, art. 3.
(4) a legal entity or individual entrepreneur as a person entitled to
stock business commits an administrative offense that violates any of the
obligations pursuant to § 24 para. 1.
(5) a legal entity or individual entrepreneur as a person entitled to
stock business pursuant to § 21 para. 1 (b). (b)) commits of the administrative
tort by concluding a stock trade in violation of § 23 para. 1.
(6) a legal entity or individual entrepreneur as a person referred to in section
to in article 25(2). 3 committed an administrative offence that violates any of the
obligations pursuant to § 25 para. 3.
(7) the legal entity or individual entrepreneur as a member of the Exchange or
the Stock Exchange Chamber committed an administrative offence by breach of an obligation
According to § 25 para. 4.
(8) the individual entrepreneur as private a conciliator committed
the administrative offense that violates any of the requirements of section 30 paragraph 2.
1, 2, or 3.
(9) the Change is committed by the administrative offense by
and does not, or the Statute) and the order of the stock of the arbitration
If the Court is established pursuant to section 4, paragraph 4. 2,
(b) organizes the exchange trades in) contrary to section 8a of the paragraph. 1 (b). and)
(c)) does not list people under section 8a of the paragraph. 1 (b). (b)),
(d) does not check for compliance with the obligations of the members) of the Exchange, conciliators and other
authorised persons to stock stores pursuant to section 8a of paragraph 1. 1 (b). (c)),
e) contrary to section 8a of the paragraph. 1 (b). (d) a member of the Exchange, did not rule out) that
no longer fulfils the conditions for membership,
f) contrary to section 8a of the paragraph. 1 (b). e) neuveřejnila or has divulged
valid text of the Statute and the order of the Court of arbitration, a stock
(g) to secure the action of the stock) of the arbitral tribunal pursuant to section 8a of the paragraph.
1 (b). (f)),
h) contrary to section 8a of the paragraph. 1 (b). g) handle, neuveřejnila or
has divulged annual report on the activities of the Exchange,
I) in contravention of section 22 paragraph 1. 2 precludes from stock trades persons under
§ 22 para. 1,
j) contrary to section 27 para. 7 does the current odds or history
courses or does not retain the odds sheets or will not allow you access to them,
or
k) in violation of § 32 para. 4 the attack of a conciliator.
(10) an administrative offense shall be fined in the
and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1, 6, 7, or
8,
(b) 5 000 000 Czk), in the case of an administrative offence pursuant to paragraph 9 (b). (b)), (d)),
(e)), or (g)),
(c) $ 1 000 000), in the case of an administrative offence under paragraph 5,
d) 750 000 CZK in the case of an administrative offence pursuant to paragraph 9 (b). (c)), h),
I), (j)) or k),
e) 500 000 CZK in the case of an administrative offence referred to in paragraph 2, 3 or 4,
f) 300 000 CZK in the case of an administrative offence pursuant to paragraph 9 (b). and) or
(f)).
section 36b
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that
breach of legal obligations.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences,
the duration and circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
the competent authority of the State administration according to § 5 para. 1.
(5) The liability for the acts, which took place in the business
person ^ 20) or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
20) § 2 (2). 2 of the commercial code. ".
48. In paragraph 39, at the end of paragraph 1, the following sentence "this day shall expire whether or not
the Stock Exchange Arbitration Court, the stock exchange was established. ".
49. In article 40, paragraph 3 shall be deleted.
50. in paragraph 41, paragraph 1, including footnote No 11 is deleted and
at the same time, paragraph 2 shall be deleted.
51. In paragraph 41, first sentence, the words "(a) shall be deleted. (c)) "shall be replaced by
"(b). (b)) "and the words" and the decision on the imposition of sanctions referred to in section 36
paragraph. 1 "shall be deleted.
52. In § 44a para. 1 and 6, the words "commodities exchange" shall be replaced by
"Change".
53. In § 44a para. 2, after the words "§ 1 (1). 2 and 3.0 "the words" § 5
paragraph. 2 (a). and section 4) for membership in the stock market, ".
54. In § 44a para. 2 the words "§ 3, 8.0" shall be replaced by ' paragraph 8 (2). 1 and §
8 (2). 2 (a). a) to (d)), "and the words" § 16 para. 2.0 "shall be deleted.
Article. (II)
Transitional provisions
1. the administrative proceedings according to Act No. 229/1992 Coll., with the exception of the administrative
proceedings under section 36 of the Act No. 229/1992 Coll., initiated before the date of the acquisition of
the effectiveness of this law shall be completed and the rights and obligations
related are assessed under the Act No. 229/1992 Coll., as amended effective
from the date of entry into force of this Act. Administrative proceedings under § 36
Act No. 229/1992 Coll., initiated before the date of entry into force of this
Act shall be completed according to the existing legislation.
2. Marketplace, which published the Statute and regulations of the arbitral tribunal in stock
The commercial bulletin, according to the existing legislation, it saves the status of
also the collection of documents of the commercial register no later than 6 months from the
the effective date of this Act.
PART TWO
Amendment of the Act on the freedom to provide services
Article. (III)
In section 2 (2). 1 of Act No. 222/2009 Coll., on the free movement of services for
subparagraph (b)) the following new point (c)), including footnotes.
27:
"(c)) the organisation of shops with commodities trading and commodity derivatives
commodity exchange ^ 27),
27) Act No. 229/1992 Coll., on the commodity exchanges, as amended
regulations. ".
Subparagraph (c)) to (j)) shall become points (d)) to).
PART THREE
The EFFECTIVENESS of the
Article. (IV)
This Act shall take effect on the first day of the third calendar month
following the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
