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Decree The Change. On Applications For Permits Of Cers. Activities On The Financial Market

Original Language Title: Decree Change. On Applications For Permits Cer. Activities On The Financial Market

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372/2012 Sb.



The DECREE



of 23 December 2003. October 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 a minimum level of financial resources provided to the Branch Office

foreign banks, as amended



The Czech National Bank determined in accordance with section 4, paragraph 4. 8, § 5 (3). 5 and section 20 (2).

4 of law No. 21/1992 Coll., on banks, as amended by Act No. 126/2002 Sb.

law no 230/2009 Coll. and Act No. 254/2012:



Article. (I)



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

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

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

the Bank, as amended by Decree No. 192/2011 Coll. and Decree No. 58/2012 Coll.,

amended as follows:



1. in the title of the Decree, the words "and on the minimum level of financial resources

provided by the branch of a foreign bank "shall be deleted.



2. In article 1 (1). 1 in the introductory part, the words ' the provisions of the essentials

applications, "shall be deleted and the word" patterns "are inserted after the words" and form ".



3. In section 1 (1). 1 (a). and), after the words "foreign bank", the words

"other than the Member State" in the second parentheses, after the words "license

for a branch ", the words" the Bank from other than the Member State ".



4. In section 1, paragraph 3 is deleted.



5. In section 2 to the letter):



"to) a person who is regulated by the body on the financial market, the legal

person established in a Member State, the object of which is the activity of the

Bank, securities dealer, investment company

the company's investment fund, pension, insurance and reinsurance undertakings,

credit institutions, electronic money institutions, or other

regulated activity on the financial market, and which is subject to supervision

the competent authority of the Member State of its registered office in the country. ".



6. In section 3, paragraph 3. 1 the words "§ 4, paragraph 4. 1 "shall be replaced by the words" § 4, paragraph 4. 8 "and

the word "form" shall be replaced by the word "form".



7. In section 4, paragraphs 4 and 5 are added:



"(4) if the person with a qualifying holding in the applicant, the person who

is a regulated entity in the financial market, the applicant does not annex

in accordance with paragraph 3 (b). (b) to (d))) and (f)) to (h)).



(5) if the person with a qualifying holding in the applicant, any person whose

qualified participation is determined by the indirect share through a person,

which is a regulated entity in the financial market, the applicant



and the soil of the annex) under paragraph 3 (b). (b) to (d))) and (f)) to (h)), and



(b) be accompanied by the original of the final decision) of the competent authority

surveillance, which was this person granted consent to the acquisition of qualified

the participation of the person, which is a regulated entity in the financial market.

If such a decision is issued by the competent supervisory authority, the applicant

submit comments to this authority, that this person became qualified

the participation of the person, which is a regulated entity in the financial market, with

his knowledge, and in accordance with the law of the country of residence of the person who is

the regulated entity in the financial market. "



8. In the heading of title II of part two is added: "the Bank, CREDIT UNION and

A BRANCH OF THE BANK OTHER THAN THE MEMBER STATE ".



9. In section 5, in the text in parentheses below the heading, the words "section 4, paragraph 4. 1 "

replaced by the words "§ 4, paragraph 4. 8. "



10. The group heading above section 6 and 7 reads: "the license for a branch of the Bank of

other than the Member State ".



11. In section 6 (1). 1 the word "foreign" be deleted, the word "Bank"

the words "other than the Member State" and "6" at the end of

the second sentence, the words "and section 7".



12. In section 6 (1). 2 (a). (e)), for the words "[section 2 (a). (b))] "comma shall be replaced by

the word "and".



13. In section 6 (1). 2 (f)) is repealed.



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



14. section 7:



"section 7 of the



(1) the applicant for the licence application pursuant to section 6 (1). 1 Furthermore, accompanied by the



and analysis of the comparability of the law), or other rules which are

concern in particular



1. the legal and institutional status of the supervisory authority of the State of the registered office

the applicant (hereinafter referred to as "foreign supervisory authority"), its independence,

powers and responsibilities in the area of banking supervision, performance



2. edit the granting and withdrawal of licences, the assessment of the person proposed to the Bank

the Bank's management and the acquisition of a qualifying holding in the Bank;



3. the exercise of supervision over the Bank and its branch abroad, including performance

supervision on a consolidated basis,



4. the rules of prudential bank in particular, capital adequacy,

exposures, liquidity, management and control system including system

risk management,



5. the system of corrective and penalties,



6. the method of cooperation and exchange of information with supervisory authorities of other States



7. accounting and obligations to ensure the audit of financial statements of the Bank,



8. modifications of the information obligations of the Bank towards a supervisory authority and to the public,

the provision of the information obtained in the course of supervision by third parties,



9. the definition of banking secrecy and its protection, use of confidential

information and the obligation to maintain secrecy, editing and



(b) the original of the written opinion of the foreign) supervisory authority to

the applicant to establish a branch of the Bank in the Czech Republic and its declaration that the

above the branch will carry on banking supervision and the legal order of the State of the registered office

a foreign bank does not foresee any obstacles to the effective exchange of

information between the Czech National Bank and a foreign supervisory authority.



(2) for the analysis of comparability referred to in paragraph 1 (b). and) the applicant further

be accompanied by assessment of any differences in the areas referred to in paragraphs 1

up to 9 in comparison with similar provisions in force in the European Union, which

regarding the performance of the activities of the bank and of exercising supervision over them. If there is a

the analysis drawn up by a person other than a foreign supervisory authority,

This analysis shall be annexed to the statement of the external supervisory authority

certifying the accuracy of the information and conclusions. "



15. In section 20, paragraphs 3 and 4 are added:



"(3) if the applicant for approval to acquire or increase qualifying

participation in the regulated legal person or to its domination of the person,

which is a regulated entity in the financial market, the request shall be presented on the

the form of which a specimen is given in annex 7 to this Decree. To

the application shall be accompanied by



and the original proof of permission) to the business [section 2 (a))],



b) strategic plan [section 2 (b), (g))],



(c)) the originals of the documents about the origin of the funds from which is

paid for the acquisition or increase of qualifying holdings, and of the



d) contract, based on which the applicant becomes a person controlling

regulated legal person, if such contracts are concluded, or

the proposal for such a contract.



(4) if the applicant Has to acquire or increase qualifying holdings in the regulated

legal person by a person, which is a regulated entity

on the financial market, the request shall be presented on a form, a specimen of which is given

in annex 7 to this Decree. Only the original shall be attached to the request

the final decision of the competent supervisory authority, which was

granted consent to the acquisition of qualifying holding on to the person who is

the regulated entity in the financial market. If such a decision is not

the competent supervisory authority is issued, the applicant shall provide a representation of the

supervisory authority, that the applicant has acquired a qualified participation in person

is a regulated entity in the financial market, with his knowledge, and in accordance

with the law of the country of residence of the person, which is a regulated entity in the financial

the market ".



16. The title of Annex No 5 is added:



"Licence application for a branch of the Bank other than the Member State".



Article. (II)



The effectiveness of the



This Decree shall take effect on 1 January 2005. December 2012.



Governor:



Ing. Singer, Ph.d., in r.