300/2016 Sb.
LAW
of 24 July 2003. August 2016
a central register of accounts
Parliament has passed the following Act of the United States:
§ 1
The subject matter and purpose of the adjustments
This Act regulates the rights and obligations related to the creation,
the use and operation of the central register of accounts as a means of
used for the detection of crime, and the prosecution of offenders
acts, ensuring the significant economic and financial interests, and
the security of the United States or the European Union.
§ 2
The establishment of a central register of accounts
(1) there is hereby established a central register of the accounts kept by the banks,
foreign banks, carrying out their activity on the territory of the United
the Republic through a branch, and spořitelními and úvěrními associations
for their clients.
(2) the administrator of the central register of accounts is the Czech National Bank.
§ 3
Definition of terms
For the purposes of this Act, means the
and the Bank, credit institution) a foreign bank that carries on its
activity in the territory of the Czech Republic through a branch, and savings
savings and credit cooperative,
b) account account set up in the Czech Republic on the basis of the account agreement pursuant to
section 2662 of the civil code or a single deposit pursuant to section
2680 of the civil code and similar accounts and accounts set up under an earlier
legislation or under foreign law,
(c) the person is a client) if the owner of the account held by a credit institution
or the person entitled to dispose of the funds on this account,
or the Trust Fund or other legal arrangement without legal personality,
for which funds are held in such account.
§ 4
The data in the central register of accounts
To the central register of the following particulars shall be entered and their changes and
fixes:
and) designation that uniquely identifies the credit institution, which account
leads,
(b) the date of the establishment of account)
(c) the account number)
d) identification of the client, as they are held by a credit institution in
This range:
1. all natural persons first and last name used in connection with
account held by the credit institution, date of birth, social security number, if
assigned, and the address of the residence or address for service,
2. in the case of a legal person, or the name of the entrepreneurial natural persons including
distinct appendix or subsequent designation, the identification number of the person
where appropriate, standardized international identifier for legal persons
or similar number assigned abroad, and its registered office,
3. for the account specified for the assets in the Trust Fund or other legal
the arrangement without legal personality relevant indications of such a Fund, or
arrangement and identification of its administrator, translates into higher or
a person in a similar position to the extent referred to in section 1 or 2,
e) date of date of termination of the client permissions to the management of
funds on the account,
(f) the date of cancellation of the account).
§ 5
Write the data to the central register of accounts
(1) a credit institution passes the Czech National Bank to write to the Central
registration of accounts electronically remote access no later than the twelfth
hours each working day information about the change in the particulars specified in section
4, occurred the previous working day or on days of rest,
or information to the effect that no change occurred. A change in the particulars,
and establishing a new account, account termination, or repair any of the
already registered data. The formal requirements, the structure and format of information
about the changes of the data to write to the central register of accounts and how to pass
the Czech National Bank shall set by Decree.
(2) the Czech National Bank passes to the central register of accounts data
the accounts of their clients, mutatis mutandis, as if it were information notified credit
institutions.
The provision of data from the central register of accounts
§ 6
(1) the data from the central register of accounts shall be entitled to apply to the extent
which is entitled to pursuant to other legislation require information
which are subject to banking secrecy or obligation
in secret under the Act on savings and credit cooperatives, only
a) authority in criminal proceedings,
(b)) the authority competent to receive notifications about suspicious trade according to the law
relating to measures against the legalization of proceeds of crime,
(c) financial management) the Czech Republic,
(d) the customs authority) of the Czech Republic, or
(e)), the intelligence service of the Czech Republic (hereinafter referred to as "news
Service ").
(2) the provision of information from the central register of accounts may require the authority
referred to in paragraph 1 (hereinafter referred to as "the applicant"), if the conditions are met
provided for in other laws and regulations governing permission of the applicant to
provision of data, which are subject to banking secrecy or
an obligation to keep it secret, according to the law on credit
credit cooperatives.
(3) the applicant must keep records of requests for data from the Central
registration of accounts, that contains the date you submit the request, the identification
the information that uniquely identify a natural person who, on behalf of the applicant for
data from the central register of accounts requested, and the text of the request.
(4) the figures in the stock records referred to in paragraph 3, the applicant shall keep for a period of 10 years
from the day following the date of submission of the application.
§ 7
(1) a request for information from the central register of accounts contains
identification of the competent management, within which the legitimate authority of the requesting
the provision of information from the central register of accounts and contain, under the
which the proceedings are conducted. Intelligence service in the request shall indicate
contain the Court's decision, which she was allowed to require the
provision of reports under the law governing the activity of the intelligence
the services; an extract from the decision of a court or other evidence of compliance with the conditions
for the submission of applications under other legislation shall not be presented.
The request does not justify.
(2) the request referred to in paragraph 1, the applicant solely through the
designated data box the applicant to set up the Czech data boxes
the National Bank for the central register of accounts.
(3) the identifiers of data boxes, through which they can
applicants to make requests, and their changes, the Czech National Bank
and through the Ministry of Justice),
(b) the public prosecutor's Office through) the Supreme State
the Prosecutor's Office,
c) authority referred to in § 6 (1). 1 (b). (b)) through the Ministry of
Finance,
(d)), the security information service and the Office for foreign relations and
information through the Ministry of the Interior,
e) military intelligence through the Ministry of defence,
f) authority of the financial administration of the Czech Republic through the General
Tax Directorate,
g) authority of the customs administration of the Czech Republic through the General
the Directorate of customs.
(4) the formal requirements, the structure and format of the notification referred to in paragraph 3
and the method of its delivery to the Czech National Bank shall set by Decree.
§ 8
(1) the Czech National Bank will provide details of the central register of accounts only
If
and) the request was submitted in the manner prescribed in § 7 para. 2,
(b) the sending of a data box ID) matches
ID notified under § 7 para. 3 and
(c)) the request contains, in addition to data in accordance with § 7 paragraph 1. 1, at least
1. account number and a designation that uniquely identifies the credit institution,
for which the account is maintained,
2. your social security number, or name and last name together with the date of birth or
name and last name together with the year of birth and the address of the residence in case of
natural persons,
3. the identification number of the person, standardized international identifier
legal persons, or the name and either at the same time the identification number
assigned abroad or registered office in the case of a legal person, or
entrepreneurial natural persons, or
4. identification details of the controller, or persons in a similar translates into higher
position in the range referred to in section 2 or 3, or its appropriate marking
in the case of a trust fund or other legal arrangement without legal
personality.
(2) the Czech National Bank will provide the applicant with the information in the extent according to § 4 of the
all accounts for all credit institutions, which are a particular
the client is kept in the central register of accounts.
(3) the information referred to in paragraph 2, the Czech National Bank will send to the data
the applicant, the mailbox from which the request was sent, and no later than 24
hours of receipt of the request. In the same way and at the same time shall communicate to the
the applicant that the application was not in the central register of accounts found no
the corresponding data.
(4) if the application does not comply with the requirements referred to in paragraph 1, the Czech national
the Bank will send to the data box the applicant no later than within 24 hours from the
the delivery of a message about the reason for non-acceptance of the request.
(5) the formal requirements, the structure and format of the request referred to in paragraph 1
the Czech National Bank shall set by Decree.
§ 9
Protection of data
(1) during the operation of the central register of accounts applies, Czech National Bank
organizational, personnel and other measures to ensure that the information
that gets in the implementation of this Act, coming into contact an unauthorized
person. Similar measures also apply to the processing of data by applicants,
which of the central register of accounts they will get.
(2) access to data processed in the central register of the accounts have only
the Czech National Bank employees, who immediately provide
the operation of the register. To the extent necessary with held data
can learn about relevant employees of the Czech National Bank
the implementation of traffic control central register of accounts and in the supervision of
fulfilling the obligations of credit institutions referred to in section 12 of and procedure for administrative
offences under section 13.
§ 10
Storage of data in a central repository accounts
(1) the Czech National Bank collects and stores the data in the Central
registration of accounts pursuant to § 4 and 5 and details of action taken under section 7 and 8 of the
electronic form.
(2) the Czech National Bank keeps
and the information referred to in section 4) for a period of 10 years from the first day of the year following the
the year in which there was a cancellation of the account,
(b)), information about the data of the applicant notified to the mailbox in accordance with § 7 para. 3 after
period of 10 years from the day following receipt of the notification of the change,
(c) the details of the content of the application) pursuant to § 7 para. 1 with the designation of the applicant and the
the content of the answers, about the date and time of receipt of the request and send a response after
for 10 years from the day following the dispatch of the answers.
§ 11
Check the data of the central register of accounts
(1) control of the provision of data from the central register of accounts exercises
The Chamber of Deputies, which for this purpose shall be established by the inspection authority.
The inspection body shall be composed of members designated by the Chamber of Deputies.
(2) the Czech National Bank presents the supervisory body referred to in paragraph 1
at least twice a year a report on the provision of information from the central register of
accounts. The report shall contain the following information: the designation of the applicant, the date and time
receipt of the application, the date and time to send the response, and the information referred to in section 7 of the
paragraph. 1.
(3) the Inspection referred to in paragraph 1 shall carry out the inspection authority in the relevant
authorities pursuant to section 6 (1). 1. This does not affect the right of the supervisory authority
request information and participation in the deliberations of the supervisory authority from other
persons.
(4) The procedure under this provision shall control the order does not apply.
§ 12
Supervision
(1) supervision of fulfilling the obligations of credit institutions in accordance with this
the law shall be exercised by the Czech National Bank.
(2) in the exercise of supervision for banks and foreign banks, which perform
their activity on the territory of the Czech Republic through a branch, the
Similarly, the provisions on the activities of the Czech National Bank in the performance of
banking supervision under the law governing the activity of the bank. In the performance of
supervision for savings and credit cooperatives shall apply mutatis mutandis
the provisions on the activities of the Czech National Bank in exercising supervision over the
the activities of savings and credit cooperatives under the law governing
the activities of savings and credit cooperatives.
Administrative offences
section 13 of the
(1) a credit institution is guilty of an administrative offense that fails to comply with
and) the obligation laid down in § 5 para. 1, or
(b)) § 19 of the obligation laid down in paragraph 1. 2.
(2) for the administrative offence referred to in paragraph 1 shall be fined up to 10 000 000
CZK.
§ 14
(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 the infringement of the
a legal obligation is prevented.
(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, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the Czech National Bank did not initiate proceedings within 2 years from the date on which the
It learned, but not later than 10 years from the day when it was committed.
§ 15
(1) administrative offences under this law in the first instance hearing
The Czech National Bank.
(2) income from fines is the State budget revenue.
(3) the costs to income is income of Czech National Bank. On
pay the costs of the administrative proceedings conducted by the Czech National Bank
This Act shall for the purposes of collection and recovery seen as resources
the public budget.
section 16 of the
The acquisition and financing of the operation of the central register of accounts
(1) in accordance with the Treaty on the functioning of the European Union "^ 1"), and it
implementing a directly applicable regulation the European Union ^ 2) Czech
Republic Česká národní banka pays in full the costs associated with
the acquisition and operation of the central register of accounts.
(2) the detailed rules of acquisition and operation of the central register of accounts and
payment related costs, modifies the Czech Republic, acting
through the Ministry of finance, and the Czech National Bank agreement.
§ 17
Report on the operation and use of the central register of accounts
(1) the Czech National Bank publishes on its website
at least once a year, a summary report on the operation and use of Central
registration of accounts.
(2) the report referred to in paragraph 1 is the number of requests by group
the applicants referred to in § 7 para. 3, and summary information on the checks
the operation of the central register of accounts.
section 18
Common provisions
(1) the procedures under this Act and the procedures under it are always
non-public.
(2) the personal data are processed under this Act only for the purpose of
the security of the United States or the European Union, for the prevention,
Search and detection of crime and the prosecution of offenders
acts and to ensure significant economic and financial interests.
(3) the administrator of the central register of accounts does not check the accuracy and completeness of
data transmitting them to credit institutions, to write to the Central
registration of accounts and for the correctness and completeness of the data taken
does not match.
(4) the administrator of the central register of accounts does not check for compliance with the conditions for
submission of requests for data from the central register of accounts in accordance with § 6
paragraph. 2 and for the fulfilment of these conditions does not match.
§ 19
Final provisions
(1) the Czech National Bank shall notify on my official Board start date
write the data referred to in paragraph 4 to the central register of accounts and at the same time about this
fact shall inform the credit institution.
(2) a credit institution not later than 6 months from the date of registration of the
the information referred to in paragraph 1 shall transmit to the Czech National Bank to the central register
accounts currently valid data to the extent provided in section 4 of it-led
accounts that have not been cancelled, to the day preceding the date of transmission
information. The formal requirements, structure, format and means of transmission
data to the central register of accounts shall lay down by Decree of the Czech National Bank.
(3) the date of transfer of the data referred to in paragraph 2, the credit institution shall implement the
the obligation referred to in § 5 para. 1.
(4) the Czech National Bank shall inform the competent authorities about the date of the initiation of the
receipt of the notification pursuant to § 7 para. 3.
section 20
The effectiveness of the
This Act shall take effect on the 15th day following that of its publication with
exception of the provisions of section 6, section 7 (2). 1 and 2, § 8 para. 1 to 4, section 10, paragraph 1.
2 (a). (c)), § 13 to 15 in terms of § 19 para. 3, and section 17, which
They shall become effective on the first day of the 16th calendar month
following its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
1) article 123 of the Treaty on the functioning of the European Union (consolidated version).
2) of Council Regulation (EC) no 3603/93 of 13 February. December 1993 laying
specifying definitions for the application of the prohibitions referred to in articles 104 and 104b (1)
Of the Treaty.
