The Act Of 29 August 1997 Bank Law

Original Language Title: USTAWA z dnia 29 sierpnia 1997 r. Prawo bankowe

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Chapter 1 General provisions article 1. 1. [scope], the Act specifies the rules for the conduct of the business of banking, the creation and organisation of banks, branches and agencies of foreign banks, as well as branches of credit institutions and the principles of European banking supervision, reorganisation proceedings, liquidation and bankruptcy of banks.

Article. 2. [the Bank], the Bank is a legal person established in accordance with the provisions of law, acting on the basis of licences entitling to perform actions against the Bank risks the measures entrusted to under any title.

Article. 3. [a reservation in the name of] the words "bank" or "safe" can be used in the name and for the determination of the business or the Bank's only advertising within the meaning of article 3. 2, except that: 1) does not apply to agencies that use the word "bank" or "safe", with whose activities clearly shows that these units do not perform banking activities;

2) the word "safe" may also be used in the name and to specify the organizational unit or advertising activities, which on the basis of a separate law collects savings and provide cash loans to individuals in this federated unit.

Article. 4. [Definitions] 1. Used in the Act of determining the means: 1) national bank-bank established on the territory of the Republic of Poland;

2) foreign bank-bank established abroad of the Republic of Poland, in the territory of a Member State which is not a member of the European Union;

3) the international financial institution-financial institution, where most of the capital belongs to the Member States that are members of the Organisation for economic cooperation and development or the central banks of these Member States;

4) card is a payment card within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, item 1175, with further amendments);

5) electronic money-electronic money within the meaning of the Act of 19 August 2011, payment services;

6) (repealed);

7) financial institution – non-bank or credit institution whose principal activity is the source of most of the revenue is based on the performance of economic activities in the following areas: a) acquire and dispose of the shares or stock, b) lending from its own resources, (c)) share of assets on the basis of a leasing contract, d) to provide services in the field of acquisition and disposal, e) the provision of payment services and the issue of electronic money in accordance with the provisions of the Act of 19 August 2011, payment services , f) issuing payment instruments and administer them in terms of unregulated by the Act of 19 August 2011, payment services, g) guarantee, suretyship or incur other obligations in the balance sheet, nieujmowanych h) trading on own account or account of another natural person, legal person or organizational unit does not have a legal personality, in so far as it has the ability to:-forward financial operations-money market instruments – Securities and) to participate in the issue of the securities or of the provision of services related to such issues, j) provision of services in the field of asset management, k) the provision of financial advisory services, including investment, l) the supply of services consisting in the execution of orders on the money market;

8) parent: a parent undertaking within the meaning of article). 4 section 14 of the Act of 29 July 2005 to the public offer and the conditions of introduction of financial instruments to organised trading, and public companies (OJ of 2009 No 185, poz. 1439, 2010 No. 167, item 1129 and 2012. poz. 836) or b) entity that in the assessment of the Financial Supervision Commission could otherwise exert a significant impact on the other entity;

9) a subsidiary is an entity in relation to which the other entity is the parent entity, all subsidiaries of the Affiliate shall also be considered subsidiaries of the original parent;

10) financial holding company is a group of entities, in which the original parent entity is a financial institution that is not a parent of an unregulated entity within the meaning of article 3. 3 section 5 of the Act of 15 April 2005 on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of the financial conglomerate (OJ No 83, poz. 719, 2006 No 157, item 1119 and the 2009 No. 42, item 341), hereinafter referred to as the "law on the supplementary supervision", and the group composed exclusively or mostly banks , credit institutions or financial institutions, at least one is a subsidiary of the national bank, foreign bank or credit institution;

11) holding mixed-group entities, in which the original parent entity is the entity other than a Bank, a credit institution, a financial institution or the parent of an unregulated entity within the meaning of article 3. 3 section 5 of the Act on supplementary supervision, and at least one is a subsidiary of the national bank, foreign bank or credit institution;

11A) holding a foreign bank is a group of entities, in which the original parent entity is a foreign bank or credit institution, and at least one is a subsidiary of the national bank, foreign bank, a credit institution or financial institution;

11B) holding National Bank-a group of actors: a) in which the original parent body is the national bank, or b) which includes: national bank and those close to him;

11 c) holding hybrid – a group of entities, in which the original parent entity is a financial institution which is not a parent of an unregulated entity within the meaning of article 3. 3 section 5 of the Act on supplementary supervision, and part of the group composed of mostly non-banks, foreign banks, credit institutions or financial institutions, and at least one is a subsidiary of the national bank;

12) ancillary banking services undertaking-an entity whose main activity is secondary in relation to the principal activity of one or more banks, and, in particular, is to manage your own or entrusted assets or the provision of services with regard to the processing of data;

13) the competent supervisory authorities – authorities are empowered under the provisions in force for the supervision of operators in the financial market;

14) a significant impact is the ability to participate in decisions regarding the designation of the financial and operating policies, including those concerning the allocation of profit or loss of the carrying amount of another entity;

15) close links: a) possession by the entity, directly or indirectly, at least 20% of the capital of another entity or rights to a performance of at least 20% of the vote in the bodies of another entity, or (b)) remain with another actor in the economic relationship, based on cooperation, in particular resulting from the contract or contracts, which in the assessment of the Financial Supervisory Commission can have a significant impact on the deterioration of the financial situation of one of the parties;

16) affiliates of capital or organizationally-at least two entities, at least one of which directly or indirectly exercises a significant influence on the other, or which constitute a single risk to the Bank due to the fact that the financial problems of one of them, in particular the difficulty of obtaining financing or repayment obligations, may have an impact on the deterioration of the ability to raise financing or payment by any of the other;

16A) an entrepreneur – entrepreneur, referred to in article 1. 4 of the Act of 2 July 2004 on freedom of economic activity (OJ 2010 No 220, poz. 1447, with further amendments);

16B) foreign trader is a trader within the meaning of article foreign. 5 section 3 of the Act referred to in point 16a;

17) credit institution – an entity established abroad of the Republic of Poland in the territory of one of the Member States of the European Union, hereinafter referred to as "Member States", on their own behalf and on their own account, on the basis of the authorization of the competent supervisory authorities, to receive deposits or other funds entrusted to it under any title of turning and giving credits;

18) branch of a credit institution is an organizational unit of the credit institution act in its name and on its behalf all or some of the activities resulting from the authorisation of the credit institution, and all organizational units of the credit institution corresponding to the above characteristics, created on the territory of the Republic of Poland shall be regarded as a single branch;

19) National Bank branch abroad is an organizational unit of the National Bank Act in his name and on his behalf all or some of the activities resulting from the authorisation granted to the National Bank, and all organizational units of the National Bank, corresponding to the above characteristics, created on the territory of a State other than the Republic of Poland of a Member State, shall be regarded as a single branch;

20) foreign bank branch – organizational unit of a foreign bank, who is in his name and on his behalf all or some of the activities resulting from the authorisation ago Bank and all organizational units of a foreign bank that correspond to the above characteristics, created on the territory of the Republic of Poland shall be regarded as a single branch;


21) by the credit institution executing – cross-border activity on the territory of the Republic of Poland or by the national bank on the territory of the host State all or some of the activities in terms of the authorisation, without the participation of the institution's branch or the Bank;

22) home State is the Member State in which the credit institution is authorised to perform the activity and which is established;

23) the host State is the Member State in whose territory the national bank performs or intends to perform;

24) intermediary institution is a bank or another institution participating in the implementation of the cross-border credit transfers, other than the originator's bank or the beneficiary's Bank;

25) society for investment funds-investment company within the meaning of the Act of 27 May 2004 on investment funds (OJ No 146, item 1546, with further amendments);

26) sekurytyzacyjny Fund-sekurytyzacyjny Fund within the meaning of the Act of 27 May 2004 on investment funds;

27) subpartycypację agreement-the agreement referred to in article 14(2). 183 paragraphs 1 and 2. 4 of the Act of 27 May 2004 on investment funds;

28) parent institution in a Member State-a credit institution or a national bank, in respect of which a subsidiary or closely related within the meaning of paragraph 15 (b). and it is a credit institution, financial institution or the national bank, and that are not subsidiaries of credit institutions operating on the basis of authorisation in the same State or in relation to a financial institution or a dominant entity is regulated or not, within the meaning of article. 3 section 5 of the Act on supplementary supervision established in the territory of the same Member State, or in relation to the National Bank;

29) parent financial holding company in a Member State is a parent financial holding company, or a hybrid, which is not a subsidiary credit institutions operating on the basis of authorisation in the same State or in relation to a financial institution or a dominant entity is regulated or not, within the meaning of article. 3 section 5 of the Act on supplementary supervision established in the territory of the same Member State, or in relation to the National Bank, where the entity is established on the territory of the Republic of Poland;

29A) the management company is a management company, referred to in article 14(2). 2 section 10 of the Act of 27 May 2004 on investment funds;

29B we ought) parent financial holding company in a Member State by a mixed-dominant fixed within the meaning of article 3. 3 section 5 of the Act on supplementary supervision, which is not a subsidiary credit institutions operating on the basis of authorisation in the same State or in relation to the dominant entity within the meaning of article 2 which are not regulated. 3 section 5 of the Act on supplementary supervision established in the territory of the same Member State, or in relation to the National Bank, where the entity is established on the territory of the Republic of Poland;

30 EU parent institution) is the dominant institution in the Member State which is not a subsidiary in relation to the credit institution or national bank or in relation to a financial institution or a dominant entity is regulated or not, within the meaning of article. 3 section 5 of the Act on supplementary supervision established in the territory of a Member State;

31) EU parent financial holding company is a parent financial holding company in a Member State which is not a subsidiary in relation to the credit institution or national bank or in relation to a financial institution or a dominant entity is regulated or not, within the meaning of article. 3 section 5 of the Act on supplementary supervision established in the territory of a Member State;

32) EU parent financial holding company with financial holding company parent mixed-activity of joint activities in the Member State which is not a subsidiary in relation to the credit institution or national bank or in relation to a financial institution or a dominant entity is regulated or not, within the meaning of article. 3 section 5 of the Act on supplementary supervision established in the territory of a Member State.

2. included in the holdings referred to in paragraph 1. 1 point 10-11a, 11b (c). and in paragraph 11 c, it is also considered subjects having close links with the National Bank, part of the holding company.

3. The provisions of the Act relating to the laws of the Member States also applies to non-Member States, but belonging to the European economic area.

Article. 4A. [decision of the financial supervisory authority] 1. Financial Supervisory Commission expresses an assessment referred to in article 14(2). 4. paragraphs 1 and 2. 1, paragraph 8 (b). (b) and paragraph 15 (a). (b) in the form of a decision. The entity considered to be the dominant entity or entity having close links with the Bank may refer to the Financial Supervision Commission to reconsider the matter.

2. The decision of the Financial Supervisory Commission on selection of the request for reconsideration the entity considered to be the dominant entity or entity having close links with the Bank can make a complaint to the administrative court within 14 days from the date of notification of the decision. Complaint shall not prevent the enforcement of a decision.

3. The decision of the financial supervisory authority on the assessment referred to in article 14(2). 4. paragraphs 1 and 2. 1 point 15 (a). (b) shall be entitled to make a request for reconsideration or bringing complaints to the Administrative Court is also a bank.

Article. 5. [Banking Operations] 1. Banking operations are: 1) the acceptance of financial contributions paid at the request of or with the advent of the designated deadline and accounts of those contributions;

2) to conduct other bank accounts;

3) lending;

4) granting and confirming bank guarantees and opening and confirmation of letters of credit;

5) of bank issuing securities;

6) carry out the cash settlement Bank;

6a) (repealed);

7) perform other acts provided for solely for the Bank in separate laws.

2. Banking Operations are also following, in so far as they are performed by the banks: 1) the lending of money;

2) checking operations and authorisation and the operations that are the subject of the warranty;

3) the provision of services and the payment of electronic money;

4) timely financial operations;

5) acquisition and disposal of claims;

6) storing objects and securities and making safes;

7 buying or selling foreign exchange values) to conduct;

8) confirm and sureties;

9) perform actions assigned, associated with the issuance of securities;

10) mediation in remittances and settlements in foreign exchange trading.

3. (repealed).

4. Economic activity, which are referred to in paragraph 1. 1, can be performed only by banks, subject to the provisions of paragraph 2. 5.5. Organizational units other than banks can perform the steps referred to in paragraph 1. 1, if the provisions of separate laws entitle them to do so.

Article. 6. [other activities allowed the banks] 1. In addition to the implementation of banking activities referred to in article 1. 5 paragraph 1. 1 and 2, banks may: 1) include or acquire shares and rights from the shares, the shares of other legal persons and units in investment funds;

2) enter into obligations with the issuance of securities;

3) make securities regulation;

4) make, in accordance with the conditions agreed with the debtor, the conversion of claims on the assets of the debtor;

5) acquire and dispose of immovable property;

6) provide services consulting-financial consulting;

6a) provide services within the meaning of the certification of electronic signatures, with the exception of the issue of eligible certificates used by banks in the activities to which they are parties;

7) provide other financial services;

8) perform other acts if separate laws entitle them to do so.

2. the Bank is obliged to sell the assets referred to in paragraph 1. 1, paragraph 4, in relation to: 1) real estate-during a period of not more than five years from the date of acquisition;

2) other assets – during a period of not more than 3 years from the date of purchase.

3. the obligation referred to in paragraph 1. 2, there is the responsibility of the Bank, if taken over assets will use to conduct their own business of banking.

Article. 6a. [Entrusting actions] 1. The Bank may, by agreement in writing, delegate of the trader or the trader to foreign service, subject to article 22. 6 d, perform the following: 1) in the name and on behalf of Bank intermediary in respect of activities listed in article 1. 5 and 6,: a) concluding and changing bank accounts agreements referred to in article 1. paragraph 49. 1 according to the formula approved by the bank, b) and the conclusion of contracts, loans and cash loans granted to individuals, including consumer credit within the meaning of the Act of 12 May 2011 for consumer credit (OJ No 126, poz. 715, no. 165, poz. 984 and No 201, item 1181 and 2012. poz. 1193), c) concluding and changing contracts, loans and cash loans for micro and small entrepreneurs in the meaning of the Act of 2 July 2004 on freedom of business, d) concluding and changing settlement agreements on the repayment of loans and advances referred to in point (a). (b) and (c), (e)) concluding and changing the contracts relating to the establishment of legal security for credits and loans referred to in point (a). (b) and (c), (f)) and the conclusion of agreements on the payment card, the consumer is a party and potential Microentrepreneur and small trader within the meaning of the Act referred to in point (a). (c),


g) accepting deposits, making payments, and to use personal checks related to bank accounts through the bank, h) make payments and receive payments granted by the bank loans and cash loans and deposits to bank accounts taking) carried out by other banks, j) adoption at the disposal of the Bank cash settlements to carry out related bank accounts through the bank, k) the performance of activities related to issuing and retention of bank debt securities and other securities as well as carrying out other activities assigned to and associated with the issuance of securities, l) recovery of debts the Bank, m) carrying out other activities, after authorization by the Financial Supervision Commission;

2) operations in fact related to banking activities.

2. To entrust the bank actions referred to in paragraph 1. 1 (1) (a). (a) to (j), on the basis of an agency contract.

3. To entrust the actions referred to in paragraph 1. 1, may not include the following: 1) the management of the Bank within the meaning of article 3. 368 § 1 of the law of 15 September 2000-the code of commercial companies (Journal of laws No. 94, item 1037, as amended), hereinafter referred to as "the code of commercial companies, and within the meaning of article 3. 48 of the Act of 16 September 1982-Law on cooperatives (Journal of laws of 2003, no. 188, item 1848, as amended), hereinafter referred to as "Act-Cooperative Law, and in particular the management of the risks associated with carrying out banking activities, including the management of assets and liabilities, assessing creditworthiness and credit risk analysis, 2) internal audit of the Bank.

4. the Financial Supervisory Commission may grant the Bank the authorisation referred to in paragraph 1. 1 (1) (a). m if entrusting the bank performing other operations necessary for the conduct of the business of banking in a prudent and stable or a substantial reduction in the costs of this activity.

5. the application for authorisation referred to in paragraph 1. 1 (1) (a). m, the bank shall be accompanied by: 1) the documents relating to the business of the trader or the trader, who is assigned to perform the activity;

2) draft agreement referred to in paragraph 1. 1, which is to be concluded with a trader or a foreign entrepreneur;

3) action plans to ensure the continuous and uninterrupted pursuit of the activities in the area covered by the agreement;

4) a description of the technical and organisational solutions, to ensure the safe and correct execution of the tasks entrusted to the Act, in particular the protection of the secrecy of the legally protected;

5) a description of the risk management policy associated with the delegated actions referred to in paragraph 1. 1. the 6. To act on the request referred to in paragraph 1. 5, art. 33 shall apply mutatis mutandis.

7. If the agreement conferring activities referred to in paragraph 1. 1, provides the operator or foreign trader referred to in paragraph 1. 1, may entrust to another trader or foreign entrepreneurs, by means of a separate agreement, perform the following: 1) specified in the contract concluded with the Bank, the steps to achieve the main benefits deriving from this agreement, after obtaining the written consent of the Bank, or 2) entrusted to the bank by the steps one time, where, in consequence of force majeure may not perform them yourself, for the time necessary to remove the causes that prevent the exercise of those activities.

8. To entrust the exercise of activities in accordance with paragraph 1. 7, point 2, the provisions of paragraph 1. 2 shall apply mutatis mutandis.

Article. 6B. the [responsible for the damage caused to clients] 1. The responsibility of the trader or the trader, as referred to in article 1. 6a paragraph 2. 1, to the Bank for damage caused to clients as a result of failure to perform or improper performance of the contract referred to in article 14(2). 6a paragraph 2. 1 and 7, you cannot exclude or limit.

2. the Bank's Liability for damage caused to clients as a result of failure to perform or improper performance of the contract referred to in article 14(2). 6a paragraph 2. 1 and 7, you cannot exclude or limit.

Article. 6 c. [Conditions] 1. To entrust the execution by the bank continuously or periodically the activities referred to in article 1. 6a paragraph 2. 1, may be subject to the following conditions: 1) the bank and the entrepreneur or foreign entrepreneur will have action plans to ensure the continuous and uninterrupted pursuit of the activities in the area covered by the agreement;

2) entrusting the actions referred to in article 1. 6a paragraph 2. 1 and 7 will not detract from the conduct of business by the bank in accordance with the law, prudent and sustainable management of the Bank, the effectiveness of the internal control system in the Bank, the ability to perform the duties of auditor the authorised to audit accounts of the Bank on the basis of the agreement with the Bank, the contract and the protection of the secrecy of the legally protected;

3) the bank shall take account of the risks associated with the delegated actions referred to in article 1. 6a paragraph 2. 1 and 7, in the system of risk management.

2. the Bank shall communicate to the Commission of financial supervision: 1) at least 14 days before the date of the conclusion of an agreement providing for the possibility to delegate the exercise of activities in accordance with article 4. 6a paragraph 2. 7 section 2 the trader referred to in article 2. 6 d of paragraph 1. 1, or such an agreement providing that entrusted to the activities will be performed outside the territory of the Member State of the content of such contractual provisions;

2) immediately is to instruct the actions in accordance with article 4. 6a paragraph 2. 7 pts 2.

3. the Bank shall keep records of the agreements referred to in article 1. 6a paragraph 2. 1 and 7, containing at least: 1) the identityofthe entrepreneurs or foreign entrepreneurs with whom contracts have been concluded is different, the exercise of the activity;

2) the scope of the tasks entrusted to the steps and place their implementation;

3) the validity of contracts.

4. The Financial Supervisory Commission may request from the Bank in particular: 1) presentation of a copy of the agreement referred to in article 1. 6a paragraph 2. 1 or 7;

2) making a statement concerning the implementation of the agreements which confers activities;

3) presentation of the action plan referred to in paragraph 1. 1 point 1;

4) documents indicating the status of the trader or the trader, with which the bank has entered into an agreement;

5) provide a description of technical and organisational solutions, to ensure the safe and correct execution of the tasks entrusted to the Act, in particular the protection of the secrecy of the legally protected;

6) present the principles of the management of the risks associated with the delegated actions referred to in article 1. 6a paragraph 2. 1 and 7.

5. The Financial Supervisory Commission ordered the Bank, by a decision, to take steps to change or annul the agreement referred to in article 14(2). 6a paragraph 2. 1 or 7:1) the performance of the contract threatens the careful and sustainable management of the Bank;

2) operator or the foreign entrepreneur who is a party to the contract has required the powers necessary for the performance of this contract.

6. The decision of the Financial Supervisory Commission, referred to in paragraph 1. 5, the bank may make a complaint to the administrative court within 14 days from the date of notification of the decision. Complaint shall not prevent the enforcement of a decision. Article 5(1). 127 § 3 of the law of 14 June 1960-code of conduct (OJ 2000 No. 98, item 1071, as amended), hereinafter referred to as "the code of administrative procedure" shall not apply.

7. The Financial Supervisory Commission may, without prior warning, in writing, apply the measures referred to in article 1. paragraph 138. 3, if within the prescribed time limit, the bank will not lead to the modification or termination of the contract referred to in article 14(2). 6a paragraph 2. 1 or 7.

8. for the trader or entrepreneur, referred to in article 1. 6a paragraph 2. 1 and 7, the provisions of article 4. paragraph 136. 3 and art. 141 h of paragraph 1. 1, 3 and 4 shall apply mutatis mutandis.

Article. 6 d [application for authorization] 1. The conclusion of the agreement referred to in article 14(2). 6a paragraph 2. 1 or 7, a foreign entrepreneur who are not domiciled or has no establishment in the territory of a Member State or an agreement with that assigned to the activities will be performed outside the territory of the Member State, requires the authorisation of the financial supervision Commission granted at the request of the Bank.

2. The application referred to in paragraph 1. 1, the provisions of article 4. 6a paragraph 2. 5. 33 shall apply mutatis mutandis, subject to the provisions of paragraph 2. 3.3. In the case of contracts referred to in article 1:1). 6a paragraph 2. 7-the provisions of article 5, paragraph 1. 6a paragraph 2. 5. paragraph 2 shall not apply;

2) article. 6a paragraph 2. 7-the provisions of article 5, paragraph 2. 6a paragraph 2. 5 points 2 and 3 shall not apply.

4. The Financial Supervisory Commission may refuse to grant the authorisation or withdraw the authorisation in cases where: 1) there is a risk of infringement of the secrecy of the legally protected;

2) in the State in which the activities entrusted to be performed, the applicable law prevents the Polish financial supervision authority exercising effective supervision;

3) to entrust the exercise of actions might adversely affect the conduct of business by the bank in accordance with the law, prudent and sustainable management of the Bank, the effectiveness of the internal control system of the Bank and the ability to perform the duties of auditor the authorised to audit accounts of the Bank on the basis of the agreement with the Bank.

5. the provision of article. 6 c shall apply mutatis mutandis.

Article. 7. [the statements and documents shall be drawn up using electronic media] 1. The Declaration will linked to carrying out banking operations may be submitted in electronic form.


2. Documents related to the banking operations can be made of information on data carriers, if these documents will be duly created, preserved, communicated, stored and protected. Services related to protection of these documents can be executed by banks, a company created by banks with other actors, as well as ancillary banking services undertakings.

3. If the law reserves for legal action in writing, it is considered that the operation carried out in the form referred to in paragraph 1. 1, meets the requirements of written form also when the form was reserved under the pain of nullity.

4. the Council of Ministers shall determine, by regulation, after consulting the President of the Polish National Bank, how to create, persist, transmission, storage and protection, including using an electronic signature, the documents referred to in paragraph 1. 2, so as to ensure the safety and protection of the interests of the banks and their clients.

Article. 7A. [Timely financial operations] for timely financial operations referred to in article 1. 4. paragraphs 1 and 2. 1, point 7, point (a). (h) and article. 5 paragraph 1. 2 point 4, which are the subject of contracts concluded by the bank or financial institution shall not apply the provisions of the gaming and art. 413 of the Act of 23 April 1964 – Civil Code (OJ No 16 item 93, with further amendments), hereinafter referred to as the "Civil Code".

Article. 8. [to maintain liquidity of paying] the Bank is obliged to keep paying liquidity adjusted for the size and type of business, in such a way that all monetary liabilities in accordance with the terms of their payment.

Article. 9. the [internal] 1. The Bank is supported by a management system.

2. A Management System is a set of rules and mechanisms relating to the decision-making process, taking place in the Bank, and to assess the business of banking.

3. within the framework of the system for the management of the Bank is supported by at least: 1) risk management system;

2) internal control system.

Article. 9A. [purpose of the inspection] 1. The Management Board of the Bank develops, introduces and provides system management.

2. The Supervisory Board supervises the Bank's introduction of the management system and assesses the adequacy and effectiveness of the system.

Article. 9B. [Supervision] 1. The task of the system of risk management is the identification, measurement or estimation and monitoring of risks in the Bank's activities to ensure the accuracy of the designation process and the implementation of the specific objectives pursued by the bank.

2. within the framework of the risk management system of the bank: 1) uses the formal terms for determining the size of the risk taken and the principles of risk management;

2) formalized procedures for the identification, measurement or estimation and monitoring of risks in the Bank's activities, taking into account also the expected level of risk in the future;

3) uses formal risk mitigation limits and rules of conduct in the case of limits;

4) adopted the management reporting system that allows monitoring of the level of risk;

5) has an organizational structure adapted to the size and profile of the borne by the bank.

3. the Bank supervises the risks associated with the activities of subsidiaries.

Article. 9 c [internal audit Cell] 1. The aim of the internal control system is to assist the decision-making process to ensure that: 1) the efficiency and effectiveness of the activities of the Bank;

2) reliability of financial reporting;

3) compliance of the Bank's activities with the law and internal regulations.

2. the internal control System consists of: 1) risk control mechanisms;

2) examination of compliance with the legal provisions of the Bank Act and regulations;

3) internal audit.

Article. 12d. [information] 1. In banks operating in the form of a public limited liability company, State-owned banks and cooperative banks, in which internal control is implemented on the basis of article. 10, functioning organizational cell carrying out internal audit, hereinafter referred to as "cell for internal audit '.

2. the task of the cells of the internal audit and evaluation, is independently and objectively, the adequacy and effectiveness of the internal control system and commenting system for the management of the Bank, including the effectiveness of the management of the risks associated with the activities of the Bank.



Article. 9E. [internal audit] 1. Information on the shortcomings and proposals arising from the audits and the actions taken to remove them are submitted periodically, at least once a year, the Supervisory Board of the Bank.

2. The Board of Directors of the Bank may appoint from among its members, the Internal Audit Committee, which supervises the activities of the internal audit cell.

Article. 9F. [Financial Supervisory Commission] Financial Supervisory Commission shall determine, by way of resolution, the detailed rules for the operation of the system of risk management and internal control system.

Article. 9 g [determination of the variable components of remuneration policy positions in the Bank] Financial Supervisory Commission shall determine by resolution, rules for determining the variable components of remuneration policy positions in the Bank.

Article. 10. [internal control in cooperative banks in regional banks] internal control in cooperative banks in sellers ' banks can be performed by the bank, formed by the principles laid down in the contract of Association.

Article. 10A. [the obligation of professional secrecy] 1. The Chairman of the Financial Supervisory Commission, his Deputy, members of the Financial Supervisory Commission, the staff of the Office of the Financial Supervisory Commission and the persons employed in the Office of the financial supervisory authority on the basis of a contract, the contract or other contracts of a similar nature, are required to maintain professional secrecy.

2. the obligation of Professional Secrecy referred to in paragraph 1. 1, are all derived from or made in connection with the exercise of the banking information that you provide, disclosure or confirmation could harm protected by entities whose interests the information directly or indirectly affect or hinder the exercise of banking supervision.

3. the obligation referred to in paragraph 1. 1, there is also after the cessation of the legal relationship referred to in paragraph 1. 1.4. Subject to paragraph 2. 5-8, without prejudice to the obligation referred to in paragraph 1. 1:1) for information to the competent authorities for the purposes of supervisory activities by these authorities on banking supervision;

2) submission of notification of suspicion of committing the offence;

3) for information Central Bank, which is in the European system of central banks, needed to implement the task by the laws, including tasks relating to monetary policy and to provide related liquidity, tasks related to supervision of payment systems, clearing and settlement, and tasks carried out in the event of a threat to the stability of the financial system;

4) to provide information to the competent authorities of the supervisory body of the Member State concerned in the event of a threat to the stability of the financial system and in the implementation of the international obligations of the Republic of Poland.

5. Sharing information which professional secrecy, including its scope of bank secrecy, is possible only in the manner and on the terms laid down for the sharing of information constituting bank secrecy.

6. the competent authorities of the supervisory body of a non-Member State of the competent supervisory authorities, professional secrecy information Member State can take place only if provided will protect this information at least equivalent to that laid down in this article.

7. the contributions from the competent supervisory authorities the information constituting the professional secrecy of these authorities may be granted only after obtaining the consent of the competent authority and for the purposes set out in this agreement.

8. the consent referred to in paragraph 1. 7 is not required if the information obtained from the competent supervisory authorities of the Member State are transmitted to the competent supervisory authorities of other Member States, or the communication is necessary for the purpose of performing banking supervision.

9. Persons other than those mentioned in paragraph 1. 1, which are familiar with the information as professional secrecy, in particular in the cases referred to in paragraph 1. 4 paragraph 2 and paragraph 3. 7 and 8, shall the obligation of professional secrecy, unless the provisions of separate does not result in an obligation to continue the provision of this information.

10. the provisions of paragraphs 1 and 2. 1-9 shall also apply to the information contained in the documents seized by the Financial Supervision Commission as a result of the implementation of the agreement concluded on the basis of article. paragraph 71. 2 of the Act of 21 July 2006 for the supervision of the financial market (OJ of 2012 item 1149 and 1166).

Article. 11. [Authorization, authorisation, consent and decisions of the Commission of financial supervision and the President of the NBP] 1. To those referred to in the Act of a decision of the President of the Polish National Bank in relation to consent shall apply mutatis mutandis the provisions of the code of administrative procedure, unless this Act provides otherwise.

2. Decisions of the Commission of financial supervision in relation to: 1) expression evaluation, 2) permit, 3) consent, 4) instruct the Bank amendment or termination of the contract, 4a) prohibit the voting rights of the shares of the National Bank or the exercise of powers parent, 5) requiring the sale of shares in a given period, 6) refusal to submit to the competent authorities of the host country supervisory notice 7) refusal to notify the competent authorities of the host State, 8) to prohibit a financial institution doing business on the territory of the host State , 9) requiring the Bank to withhold payments from profit


10) require the halt the creation of new organizational units of the Bank, a branch of a foreign bank or branch of a credit institution, 11) the suspension of activities of the members of the Management Board of the Bank or financial institution, 12) to limit the scope of the activities of the Bank, foreign bank branch or branch of a credit institution, 13) the imposition of financial penalties on the bank, a branch of a foreign bank, a branch of a credit institution or a financial institution, Bank or bank branch elimination) 14, 15) the determination of the scope of the powers of the liquidator or any other person designated by the competent supervisory authorities of the Member State to carry out the winding-up of credit institutions , 16) appeal a member of the Board of Directors of the Bank, 17) to the members of the Board of Directors of the Bank or financial institution and to the authorities of a branch of a credit institution's penalty, 18) prohibit the granting or limiting the granting of loans and advances cash to shareholders (members) and the members of the Management Board, the Supervisory Board and employees of the Bank, the convening of the extraordinary general meeting of the request), 19, 20) the obligations of the Bank to increase own funds referred to in article 2. 138a 138b and paragraphs 1 and 2. 1, 21) the imposition of an additional capital requirement on the bank, 22) establishment and removal of a guardian, 23) the establishment of a receivership, 24) the acquisition of the Bank by another bank with the consent of the receiving bank, 25) instances of the Council of Ministers to liquidation of the State-owned bank, 26) appeal of the liquidator of the Bank appointed by the bank, 27) the suspension of the Bank's activities, 28) recognition of the branch of a credit institution for-have the power of final administrative decisions and are subject to immediate execution.

3. unless the law provides otherwise, the date of issue as defined in her opinion shall be 30 days.



Chapter 2 the creation and organisation of banks and branches and representations of the Article banks. 12. [the legal form of the banks] banks can be created as State banks, co-operative banks, or banks in the form of a public limited-liability companies.

Article. 13. [the Bank Founders] 1. The founders of the Bank in the form of a public limited-liability company may be legal entities and natural persons, except that the founders may not be less than 3.

2. The founders of the co-operative Bank may be the only individuals in the number required for the founding of the cooperative referred to in the law-the right to credit unions.

3. the provision of paragraphs 1 and 2. 1 shall not apply to the Bank, whose founder is the State Treasury, the national bank, credit institution, bank, foreign, domestic or foreign insurance undertaking, a reinsurance undertaking, the international or domestic or foreign financial institution.

Article. 13A. [Head Office] the Board of the Bank works and performs its functions in the premises referred to in the Statute of the Bank.

A. National Banks Article. 14. [the creation of a State-owned bank] 1. State-owned bank can be created by the Council of Ministers, by regulation, on a proposal from the Minister of State Treasury (1) forwarded by the Financial Supervisory Commission. The same procedure is followed by the liquidation of State-owned bank, with the exception of the case referred to in article 1. paragraph 147. 1, paragraph 3.

2. the regulation of the Council of Ministers for the establishment of the State-owned bank specifies the name, subject and scope of the activities of the Bank, its statutory funds, including measures of State assets, which become the assets of the Bank.

3. State Bank is not subject to entry in the register of State-owned enterprises [2].

Article. 15. [the State Bank Authorities] 1. The authorities of the State-owned bank are the Board of Directors and the Board of Directors.

2. the members of the management boards or supervisory boards cannot deal with competitive activities. In particular, may not be members of the Board of directors or of the Supervisory Board of another bank, unless the State bank is a shareholder of the Bank.

Article. 16. [the Board] 1. The Board of Directors shall be appointed for a period of three years from among persons with the appropriate skills. Chairman of the Supervisory Board shall appoint and dismiss the President of the Council of Ministers at the request of the Minister of the Treasury.

2. the members of the Council are appointed by the Minister of the Treasury from among persons who are not members of the Board of the Bank. The members of the Council of appeal shall be in the same mode, in which they were called.

Article. 17. [ceo] 1. Chairman of the Board of the National Bank shall appoint and dismiss the Board.

2. the other members of the Executive Board of the Bank shall appoint and dismiss the Board, on a proposal from the President of the Board of Directors of the Bank.

3. Appointment of a Chairman of the Board and one member of the Board of Directors follows with the consent of the financial supervision Commission. The provisions of article 4. 22B shall apply by analogy.

Article. 18. [the powers of bodies] 1. The Supervisory Board supervises the activities of the State-owned bank, approve the presented by the Management Board of the financial statements and distribution of profit and how to cover the losses, and also adopts the reports on the activities of the Bank, the Bank's Executive Board recommendations, and may suspend the activities of the members of the Management Board of the Bank.

2. Subject to paragraph 2. 1, the Board of Directors of the Bank shall consider matters relating to the activities of the Bank and shall take decisions on these matters, which provides for the Chairman of the Management Board of the Bank.

3. The Board of Directors of the Bank Board resolution repealed if its non-compliance with the provisions of the law or the statutes of the Bank.

4. the Chairman of the Board of the National Bank represents the bank, chaired by the Board of Directors of the Bank and organises the activities of the Bank.

5. The specific scope of the activities of the Supervisory Board and the Board of Directors and the persons authorized to represent Bank specifies the statutes of the National Bank.

Article. 19. [the Statute of the National Bank] the statutes of the State Bank, by regulation, the Minister of the Treasury in consultation with the Minister of finance [3], after consulting the Commission of financial supervision.

B. Cooperative Banks Article. 20. [the establishment of a cooperative bank] 1. Farmers Cooperative Bank is a bank cooperative to which in unregulated by the Act of 7 December 2000 on the functioning of the cooperative banks, their associations and associations banks (Journal of laws No. 119, item, as amended. 1252), hereinafter referred to as the "law on the functioning of the cooperative banks, their associations and associations banks", and this Act shall apply the provisions of the Act-Cooperative Law.

2. The statutes of the cooperative bank under the pain of nullity should be drawn up in the form of a notarial deed.

(C) banks in the form of a public limited-liability companies Article. 21. [the establishment of the Bank in the form of a public limited liability company] for the establishment and activities of the Bank in the form of a public limited-liability company shall apply the provisions of the code of commercial companies, in so far as the provisions of the Act does not provide otherwise.

Article. 22. [supervisory authority] 1. The function of supervisory authority fully in the bank supervisory board consisting of at least five individuals.

2. The members of the Supervisory Board shall appoint and dismiss the General Assembly.

3. the Bank shall inform the Commission of financial supervision on the composition of the Board of Directors and its composition is changed immediately after its appointment or after changing its composition.

Article. 22A. [the Executive Board of the Bank] 1. The Bank's Board of Directors consists of at least three persons appointed and dismissed by the Board of Directors, subject to article 22. 22B. 2. The Supervisory Board shall inform the Supervisory Commission of the composition of the Board of Directors and its composition is changed as soon as possible after his appointment or after changes in its composition. The Supervisory Board shall inform the Commission of financial supervision of the members of the Management Board, which shall be subject to the allocation of powers within the framework of, in particular, risk management and internal audit.

Article. 22B. [the appointment of two members of the Board of Directors of the Bank] 1. Appointment of two members of the Board of Directors of the Bank, including the President, with the consent of the Financial Supervision Commission. A request for consent shall the Board of Directors.

2. The Financial Supervisory Commission may request documents and information in respect of persons referred to in paragraph 1. 1. to the extent necessary to agree.

3. The Financial Supervisory Commission refuses to consent to the appointment of a person referred to in paragraph 1. 1:1) she was punished for the crime or tax offence, with the exception of intentional offences prosecuted private accusation;

2) caused the documented losses in the workplace or in connection with the exercise of the powers of a member of the body of the legal person;

3) was to determine the prohibition on doing business on their own account, and act as a representative or agent of the operator, Member of the Supervisory Board or the Audit Committee of the company, limited liability company or cooperative;

4) does not meet the requirements referred to in article 1. 30 paragraph 1. 1, paragraph 2, subject to the provisions of paragraph 2. 4.4. The Financial Supervisory Commission shall refrain, by a decision taken at the request of the Supervisory Board of the Bank from the requirement of proven knowledge of the Polish language, referred to in article 1. 30 paragraph 1. 1 point 2, if it is not necessary for reasons of prudential supervision, in particular taking into account the level of tolerable risk or the scope of the Bank's activities.

5. The Financial Supervisory Commission may refuse to consent to the appointment of a person referred to in paragraph 1. 1:1) is carried out against her criminal proceedings or proceedings in the case of tax offense;

2) was punished for an offence other than those referred to in paragraph 1. 3 point 1.

6. where there are indications referred to in paragraph 1. 3 and 5, the provisions of paragraph 1. 1 does not apply to appointment for another term of Office of the persons mentioned in paragraph 1. 1 and the first part of the Bank's Board of Directors to appoint persons approved in allowing the creation of this bank.

7. the decision referred to in paragraph 1. 1, the server can specify the date by which it should be followed by the establishment of the persons referred to in paragraph 1. 1. in the event that the person to whom the decision relates, within a prescribed period the decision expires. Article 5(1). 162 § 3 of the administrative code of conduct do not apply.

Article. 22 c. [Protocol] 1. The minutes of the general meeting shall be drawn up in accordance with article 4. 421 of the code of commercial companies and should include:


1) the content of the proposals submitted in the course of the general meeting;

2) the full name of the person making the request;

3) name or business name of the person on whose behalf it was requested;

4) the decision on the application.

2. the Protocol referred to in paragraph 1. 1, should be forwarded to the Commission of financial supervision within 14 days from the date of the completion of the General Assembly.

Article. 23. (repealed).

Article. 24. (repealed).

Article. 25. [obligations of the purchaser of the bank stocks] 1. An entity which intends to, directly or indirectly, purchase or cover the shares or rights shares of National Bank in ensuring the achievement of or exceeding of respectively 10%, 20%, one-third, 50% of the total number of votes cast at a general meeting or participate in capital, is required to notify the Commission each financial supervision of its intention to purchase them or to subscribe. An entity which intends to, directly or indirectly, to become a dominant national bank otherwise than by purchase or placing shares or rights shares of National Bank in providing the majority of the total number of votes at the general meeting, is obliged to notify their intention to the Commission of financial supervision.

2. the positive parent entity of the National Bank is indirectly or indirectly acquirer or covering the shares or rights shares of National Bank is considered the dominant entity in relation to the subject, which directly becomes a dominant national bank or acquires or includes shares or rights shares of the National Bank, as well as the entity that is taking action having the effect that it will become the dominant entity in relation to the subject that is the parent of a National Bank, or have shares or rights shares of National Bank.

3. where an entity that intends to: 1) directly purchased or include shares or rights shares of National Bank or to become a dominant National Bank is a subsidiary, the notice includes the entity, including its original parent entity;

2) indirectly acquire or include shares or rights shares of National Bank or to become a dominant National Bank is a subsidiary, notification is made up only of its original parent.

4. the notification referred to in paragraph 1. 1, also applies to: 1) zastawnika and the user action, if in accordance with article 4. 340 § 1 of the code of commercial companies, they are entitled to exercise the voting rights of the shares;

2) entity that has obtained the right to vote at a general meeting at the levels referred to in paragraph 1. 1 as a result of events other than the coverage or purchase of shares or rights of National Bank shares, in particular as a result of the amendment of the statutes or following the expiry of preferential or limitation of actions as to voting rights, as well as the acquisition of shares or rights shares of National Bank in ensuring the achievement of or exceeding the levels referred to in paragraph 1. 1 in the total number of votes cast at a general meeting or participate in capital as a result of inheritance.

5. in the case referred to in paragraph 1. 4 the obligation to submit the notification occurs prior to the voting rights of the shares or the exercise of powers to National Bank's parent. The provisions of article 4. 25A-25n shall apply mutatis mutandis.

6. The entities referred to in paragraph 1. 4, paragraph 1. 2 and 3 shall apply mutatis mutandis.

7. the provisions of paragraphs 1 and 2. 1-6 and 9 shall apply mutatis mutandis in the case, in which two or more entities working in the agreement, which is subject to the exercise of voting rights of the shares on the levels referred to in paragraph 1. 1 or the exercise of the powers of the parent National Bank.

8. in the case of the activities in the agreement referred to in paragraph 1. 7, notice shall consist of all the parties to the agreement.

9. The provisions of paragraph 1. 1 shall not apply in cases where the acquisition or the coverage of National Bank shares is carried out by the national bank, credit institution, investment firm or brokerage house established in the territory of another Member State, in the implementation of the agreement on investment subemisję, as referred to in the Act of 29 July 2005 to the public offer and conditions for the introduction of financial instruments to organised trading, and public companies If: 1) the right of action shall not be exercised for the purpose of interfering with the management of the National Bank and the National Bank shares) 2 shall be disposed of within one year of the date of their acquisition or entry.

Article. 25A. [information about held, directly or indirectly, shares or rights shares of National Bank, the contents of the notification] 1. The entity comprising the notification referred to in article 2. 25 paragraph 1. 1, shall, together with the notice of the information held, directly or indirectly, shares or rights shares of National Bank referred to in article 2. 25 paragraph 1. 1, as well as the parent entities of the entity and the entity's arrangements and the remaining by the entity in the United States in fact or law to allow others to exercise the rights of action of the National Bank or the exercise of the powers of the parent National Bank.

2. The entity referred to in paragraph 1. 1, indicate in the notice the way the implementation of the intention to which the notice and submit evidence to the existence of intention covered by the notice, in particular, a contract or an agreement, (a) in the case where the intention is to be carried out on a regulated market is a relevant statement in this regard.

3. where an entity comprising advice is: 1) an insurance undertaking, a reinsurance undertaking, a credit institution, investment firm or management company authorised to carry out activities in the territory of a Member State, or 2 the parent entity or entity) in a similar relation to an insurance undertaking, a reinsurance undertaking, a credit institution, investment firm or management company authorised to carry out activities in the territory of a Member State – notice contains adequate information in this field , indicating in particular the name and Head Office of the insurance undertaking, a reinsurance undertaking, a credit institution, investment firm or management company, referred to in paragraph 2; If there are circumstances referred to in paragraphs 1 and 2, the notice contains a statement in this regard.

Article. 25B. [the scope of information] 1. The person who submits the notice referred to in article 2. 25 paragraph 1. 1, shall, together with the notice information concerning: 1) the identification of those submitting the notification, the managers of its business, and those provided for to become members of the Executive Board of the National Bank is an entity comprising communication plans to change in this respect;

2) National Bank, as referred to in article 1. 25 paragraph 1. 1;

3) activity, business or the registered office of those submitting the notification and of the persons referred to in paragraph 1 and, in particular, the subject of this activity, the extent and location of its conduct and its progress to date, as well as education held by the entity comprising the notice, which is a natural person, and of the persons referred to in point 1;

4) group to which it belongs the entity comprising advice, and in particular its structure, belonging to her operators, the legal and actual capital personal and financial links with other actors;

5 economic and financial situation) of those submitting advice;

6) conviction of a felony or a crime, tax proceedings conditionally waived and completed referral for disciplinary action, as well as other administrative and civil proceedings are completed, on the reporting entity's notice or of the persons referred to in point 1, which might influence the evaluation of those submitting the communication in the light of the criteria referred to in article 1. 25h paragraph 1. 2;

7) ongoing criminal proceedings for the offence intentional-with the exception of offences prosecuted private accusation-or proceedings for tax crime as well as other ongoing administrative proceedings, civil and disciplinary action, which may affect the assessment of those submitting the communication in the light of the criteria referred to in article 1. 25h paragraph 1. 2, and against the company if the notice or the persons referred to in paragraph 1, or of the proceedings relating to the activities of that entity or those persons;

8) efforts to acquire or subscribe for shares or rights shares in ensuring the achievement of or exceeding the levels referred to in article 1. 25 paragraph 1. 1 or becoming a parent entity of the National Bank, and in particular the target's share in the total number of votes cast at a general meeting of the National Bank, including involving permissions, how to and sources of financing for the purchase or subscribe for shares or rights shares in connection with these actions and agreements in consultation with other actors;

9) intentions of those submitting advice with regard to the future activities of the National Bank, in particular in the fields of marketing, financial and operational plans for organization and management, taking into account the obligations referred to in article 1. 25h paragraph 1. 3.2. Information on qualifications and professional experience, as well as information in the field referred to in paragraph 1. 1 points 6 and 7 are not required in respect of those submitting advice and his business managers, if the person who submits the notice is a National Bank, credit institution, insurance undertaking, reinsurance undertaking, investment firm, brokerage house or the management company authorised to carry out activities in a Member State, in so far as this circumstance shall be indicated in the notice.


3. The proper Minister of financial institutions shall determine, by regulation, documents to be attached to the notice to submit the information referred to in paragraph 2. 1, with a view to ensuring the proportionality of the required information, depending on the intended effect of those submitting advice to the management of the National Bank.

Article. 25 c [the language of the notice and of the documents attached] 1. Notification and annexed documents should be made in Polish language or translated into Polish. The translation must be made by a sworn translator or the competent Consul of the Republic of Poland.

2. Official documents before the translation should be legalized by the Consulate of the Republic of Poland. Legalisation does not apply if an international agreement to which the Republic of Poland is a party stipulates otherwise.

Article. 25 d [a statement containing the information required in lieu of documents], in justified cases, in particular where the relevant law of the country does not provide for the preparation of required documents the entity comprising the notification or the person concerned, may, in lieu thereof, to submit the appropriate declaration containing the required information.

Article. 25E [the appointment of a representative for service in the course of proceedings in relation to the notice] 1. The entity comprising the notification referred to in article 2. 25 paragraph 1. 1, residing or located outside the borders of the Republic of Poland, is obliged to establish on the territory of the Republic of Poland representative for service in the course of the proceedings.

2. in the event of failure to comply with the obligation referred to in paragraph 1. 1, the letter is left in the course of proceedings in the case file of the service, with the exception of the decision closing the proceedings in relation to the notification. Having referred to in the preceding sentence, the Financial Supervisory Commission shall inform in writing the applicant entity notification.

Article. 25f. [an instance of FSC for information] where an entity comprising the notification referred to in article 2. 25 paragraph 1. 1, is an entity referred to in article 2. 25A, paragraph 1. 3 paragraphs 1 or 2, the Financial Supervisory Commission is writing to the relevant supervisory authorities for the transfer of information within the scope defined in article 1. 25h paragraph 1. 2, in order to determine whether there is a condition referred to in article 14(2). 25h paragraph 1. 1, paragraph 3.

Article. 25 g. [powers of the FSC in respect of notice] 1. The Financial Supervisory Commission as soon as possible after receipt of the notice, but not later than within two working days, in writing, of its receipt.

2. in the case of deficiencies in the notice, or if you have not attached the required information or documents, the Financial Supervisory Commission urges the entity comprising a notice to remedy those deficiencies within the period prescribed.

3. The Financial Supervisory Commission as soon as possible after receipt of the information or documents which are a complement to, but not later than within two working days, confirmed in writing their receipt.

4. The Financial Supervisory Commission, together with the confirmation of receipt of the notification and all the required information and documents, shall inform the entity comprising a notice of the date of expiry of the time limit for the notification of a decision on the objection referred to in article 14(2). 25h paragraph 1. 1.5. The Financial Supervisory Commission may, before the end of the 1950s. business day of the time limit for notification of a decision on the objection, in writing, request the entity comprising the notification to convey additional information or documents within the time limit of 20 working days from the date of receipt of the request, (a) in the case of: 1) the place of residence or business of the person making the notification is located in a Member State or non-State supervision it exercises the supervisory authorities of a non-Member State or 2) entity comprising a notice is not a subject to supervision by the insurance company the capital market supervision, or oversight by banking supervisory authorities of the Member State the validity is within the prescribed time limit, being not less than 20 and no more than 30 working days from the date of receipt of the request, indicating the scope of the requested information or documents.

6. in the case of a request referred to in paragraph 1. 5, followed by the suspension of the time limit for notification of a decision on the opposition, from the date of dispatch of the summons to the date of receipt of the information or documents, but not longer than the expiry of the time limit for the transmission of information or documents.

7. The Financial Supervisory Commission in writing shall acknowledge receipt of the information or documents referred to in paragraph 1. 5, within a period of no more than 2 working days from the date of their receipt.

8. in the case of subsequent calls to the Commission of financial supervision to convey additional information or documents shall not apply terms to provide information or documents referred to in paragraph 1. 5. these Requests do not cause suspension of the period for notification of a decision on the opposition.

Article. 25h [the opposition REJECTION of what to purchase or subscribe for shares or rights shares or become the subject of a dominant National Bank] 1. The Financial Supervisory Commission reports, by a decision, an objection to acquire or subscribe for shares or rights shares or become the subject of a dominant national bank if: 1) an entity comprising a notice not completed within the prescribed period the deficiencies in the notice or notices attached to documents and information;

2) entity comprising a notice has not surrendered within the additional information or documents required by the financial supervision Commission;

3) justified is the need for a prudent and stable management of the National Bank, in view of the possible impact of those submitting advice to the national bank, or in view of the assessment of the financial position of the entity making the communication.

2. within the framework of the assessment of the existence of the grounds referred to in paragraph 1. 1, paragraph 3, the Financial Supervisory Commission shall examine whether the entity comprising the notice showed that: 1) gives a guarantee the exercise of their rights and obligations in such a way as to circlip properly the interests of bank customers and ensure the safety of the funds collected in the National Bank;

2) person who will direct the business of the National Bank give a pledge of conduct Bank Affairs in such a way as to circlip properly the interests of bank customers, and ensure the safety of the funds collected in the Bank and have appropriate work experience;

3) is in good financial health, in particular with regard to the current scope of activities, as well as the effect of the implementation of the investment plans on the future financial situation of the entity making the communication and the future financial situation of the National Bank;

4 compliance with the national bank) will provide prudential requirements arising from the provisions of the law, including capital requirements, liquidity standards, internal controls, risk management and, in particular, that the structure of the group, which the bank will become a part of the exercise will enable effective supervision and the effective exchange of information between the competent supervisory authorities and to establish ranges of properties of these authorities;

5) financial resources related to the purchase or taking of shares or rights shares or taking other steps to becoming a parent entity causing that the national bank will become a subsidiary, do not come from illegal or undisclosed sources and have no connection with the financing of terrorism or in connection with the proposed acquisition or taking shares or rights shares or taking other steps to becoming a parent entity there is an increased risk of committing a crime as well as other activities related to the placing on the market of financial resources originating from illegal or undisclosed sources or the financing of terrorism.

3. the assessment referred to in paragraph 1. 1, paragraph 3, the Commission of financial supervision shall take into account, in particular, made in connection with the obligations of the entity for the National Bank or a prudent and stable management.

4. The Financial Supervisory Commission may, within the time limit referred to in article 1. paragraph 25i. 1, issue a decision finding no grounds for filing an objection, if it finds that there are circumstances referred to in paragraph 1. 1.5. In adopting the decision referred to in paragraph 1. 4, the Financial Supervisory Commission may set a time limit to acquire or subscribe for shares or rights shares or obtain the permission parent National Bank.

6. the time limit referred to in paragraph 1. 5, may be extended ex officio or at the request of those submitting the notification.

Article. 25i. [notification of a decision on the objection] 1. The Financial Supervisory Commission shall decide on the objections referred to in article 2. 25h paragraph 1. 1, within a period of 60 working days from the date of receipt of the notification and all the required information and documents, but not later than within two working days from the date of its issue.

2. the time limits laid down for the notification of the decision closing the proceedings in relation to an objection shall be deemed retained if, before the expiry of their decision has been given in the postal facility designated operator within the meaning of the Act of November 23, 2012 – the postal Law (OJ reference, 1529).

Article. 25j. [conditions of intention covered by notice] Entity comprising a notice may realize the intention under the notice, if the Financial Supervisory Commission will deliver a decision on the opposition within a period of 60 working days referred to in article 2. paragraph 25i. 1, or if, before the expiry of the Financial Supervisory Commission will issue a decision on the confirmation of the absence of grounds for rejection.


Article. 25 k [the time limit in the case of Administrative Court repealed the decision on the objection] in the case of Administrative Court repealed the decision on the opposition period referred to in article 2. paragraph 25i. 1, runs from the date on which the Financial Supervision Commission was served a final judgment of the administrative court.

Article. 25 l. [purchase or placing shares or rights of action, resolutions, actions from the scope of the representation of the National Bank shall be taken with the participation of the members of the Board of Directors with a breach of the provisions] 1. If you purchased or subscribe for shares or rights shares: 1) in breach of article 5(1). 25 paragraph 1. 1 or 2) in spite of the Financial Supervisory Commission's Declaration of opposition referred to in article 2. 25h paragraph 1. 1 or 3) before the expiry of the Financial Supervisory Commission permits the Declaration of opposition referred to in article 2. 25h paragraph 1. 1 or 4) after the designated by the Commission of financial supervision period for the acquisition or the placing of shares or of shares referred to in article 2. 25h paragraph 1. 5 – the action may not be exercised the right to vote, subject to article 22. 25 m 2. In the case of the exercise of the powers of the parent National Bank: 1) in breach of article 5(1). 25 paragraph 1. 1 or 2) in the case of the Declaration by the Commission of financial supervision of opposition referred to in article 2. 25h paragraph 1. 1 or 3) before the expiry of the Financial Supervisory Commission permits the Declaration of opposition referred to in article 2. 25h paragraph 1. 1 or 4) obtained after the expiry of the deadline referred to in article 2. 25h paragraph 1. 5 members of the Board of Directors of the National Bank is appointed by the parent or members of the Management Board, prokurentami or management with functions in the parent entity may not participate in activities from the scope of the representation of the National Bank; in the case where it is not possible to determine who the members of the Board of directors were appointed by the dominant, the appointment of the Board of Directors is unsuccessful from the principal powers of the parent National Bank, subject to article 22. 25.3. The resolution of the general meeting of the National Bank taken in breach of the provisions of paragraph 1. 1 are void unless they meet the requirements of a quorum and a majority of the votes cast without taking into account the votes invalid. In the cases referred to in paragraph 1. 1, the right of action for annulment of the resolutions of the General Assembly shall also apply in the Financial Supervisory Commission. The recipe article. 425 of the code of commercial companies shall apply mutatis mutandis.

4. Activities from the scope of the representation of the National Bank shall be taken with the participation of the members of the Board of Directors in violation of the provisions of paragraph 1. 2 are void. The recipe article. 58 section 3 of the Civil Code shall apply mutatis mutandis.

5. in the case referred to in paragraph 1. 1 or 2, the Financial Supervisory Commission may, by decision, require the divestment of the shares of the National Bank within the prescribed period.

6. If the shares are not disposed of within the period referred to in paragraph 1. 5, the Financial Supervisory Commission may impose on the National Bank's shareholder penalty up to 10 0000 0000 zł, to establish a National Bank Board the commissary or revoke the authorisation for the establishment of the Bank and take a decision to liquidate the Bank. The provisions of article 4. 145. paragraph 147. 3. 153-156 shall apply mutatis mutandis.

Article. 25. [conditions for repeal of prohibitions] where required by the interests of bank customers in the national (a) the applicant demonstrates that there is no condition referred to in article 14(2). 25h paragraph 1. 1, paragraph 3, the Financial Supervisory Commission may, in exceptional cases, by a decision taken at the request of a shareholder or parent National Bank, to repeal the prohibitions referred to in article 1. 25 l of paragraph 1. 1 or 2. The application the applicant appends the information referred to in article 1. paragraph 25B. 1. 25n [prohibition of voting rights of the shares of the National Bank or the exercise of the powers of the parent exercising ago entity] 1. If this is justified by the need for a prudent and stable management of the National Bank, in view of the assessment of the financial position of the entity, including the founder of the National Bank, which has received, directly or indirectly, the exercise of the right to vote at a general meeting at the levels referred to in article 1. 25 paragraph 1. 1 or became the parent entity, directly or indirectly, the National Bank, or because of the possible impact of this entity at the bank, and in particular where it is found that the failure of the obligations referred to in article 1. 25h paragraph 1. 3, or the obligations referred to in article 1. 30 paragraph 1. 1B, the Financial Supervisory Commission may, by decision, prohibit the exercise of voting rights of the shares of the National Bank held by the entity or parent the exercise of powers conferred ago. When assessing whether there is a premise for the issuing of this prohibition, the provisions of article 4. 25h paragraph 1. 2 and 3 and article. 30 paragraph 1. 1B shall apply mutatis mutandis.

2. the Resolution of the general meeting of the National Bank is void, if it was done with the right to vote the shares in respect of which the Financial Supervisory Commission issued a decision referred to in paragraph 1. 1, unless the resolution meets the requirements of a quorum and a majority of the votes cast without taking into account the votes invalid. The right of action for annulment of the resolution shall also apply in the Financial Supervisory Commission. The recipe article. 425 of the code of commercial companies shall apply mutatis mutandis.

3. where the Financial Supervisory Commission issued pursuant to paragraph 2. 1 decide on the ban on the exercise of the powers of the parent, the provisions of article 4. 25 l of paragraph 1. 2 and 4 shall apply mutatis mutandis.

4. in the case of a decision referred to in paragraph 1. 1, the Financial Supervisory Commission may, by decision, require the divestment of shares within a specified period.

5. If the shares are not disposed of within the period referred to in paragraph 1. 4, the Financial Supervisory Commission may impose on the National Bank's shareholder penalty up to 10 0000 0000 zł, to establish a National Bank Board the commissary or revoke the authorisation for the establishment of the Bank and take a decision to liquidate the Bank. The provisions of article 4. 145. paragraph 147. 3. 153-156 shall apply mutatis mutandis.

6. at the request of a shareholder or parent Financial Supervisory Commission repeals decision issued on the basis of paragraph 1. 1, if you stopped the circumstances justifying the release of this decision.

7. the provisions of paragraphs 1 and 2. 1-6 shall apply mutatis mutandis in the case referred to in article 1. 25 paragraph 1. 7, the entities that are parties to the agreement referred to in that provision.

Article. 25 °. [purchase or placing shares or rights shares of National Bank-notification] entity that directly or indirectly acquired or assumed the shares or rights shares of National Bank, if they, together with the shares acquired or covered by the earlier package to achieve or exceed a threshold of 5%, 10%, 20%, 25%, one-third, 50%, 66% and 75% of the total number of votes at the general meeting, either the predominant National Bank entity became each is required to immediately notify the bank. The Bank shall forward to the Commission's notification to the financial supervision authority within 14 days from the date of its receipt. In the case where the Statute of the National Bank provides a preference or limitation of actions as to voting rights notification should also apply to participate in the capital in the amount corresponding to those referred to in the first sentence, and the corresponding number of votes without privileges and limitations. The provisions of article 4. 25 paragraph 1. 2 to 7 shall apply mutatis mutandis.

Article. 25. [obligation to notify the FSC of its intention to direct or indirect disposal of holding National Bank] entity that intends to dispose, directly or indirectly, shares of the National Bank: 1) the entitlement to exercise more than 10% of the total number of votes cast at a general meeting, 2) as a result of the disposal of which remained in his possession shares entitle to exercise less than 10%, 20%, one third and 50% of the total number of votes cast at a general meeting is required to notify their intention to the Commission of financial supervision. In the case where the Statute of the National Bank provides a preference or limitation of actions as to voting rights notification should also apply to participate in the capital in the amount corresponding to those referred to in the first sentence, and the corresponding number of votes without privileges and restrictions; the provisions of article 4. 25 paragraph 1. 2 to 7 shall apply mutatis mutandis.

Article. 25R. [Appropriate to apply the provisions of] the obligation referred to in article 2. 25 ° and 25 p, shall apply mutatis mutandis in the case of the acquisition and disposal of bonds convertible into shares of the National Bank, depository receipts, as well as other securities, which shows the right or obligation to acquire shares of the Bank.

Article. 25s [the appropriate application of the provisions of the cooperative banks are cooperatives that are legal entities]. 25-25r shall apply mutatis mutandis to the cooperative banks are cooperatives, where the Statute provides, other than that referred to in article 1. 36 § 3, first sentence, of the Act, the principle of cooperative laws determine the voting power of the members.

Article. 26. (repealed).

Article. 26A. (repealed).

Article. 26B. (repealed).

Article. 26 c (repealed).

Article. 27. [the acquisition of shares by a subsidiary] 1. The acquisition or holding of shares by a subsidiary is considered for acquisition or stock ownership by the parent undertaking.

2. the provisions of this Act shall not affect the provisions of Chapter 9 of the Act, referred to in article 14(2). 4. paragraphs 1 and 2. 1 point 8.

Article. 28. [Bank Shares] 1. Shares of banks, with the exception of dematerialised shares in accordance with the provisions of the Act of 29 July 2005 on trading in financial instruments (OJ 2010 No. 211, item 1384, with further amendments) are registered shares. During the year, from the date of entering the Bank to register, the disposal of registered shares by shareholders requires the authorisation of the financial supervision Commission.


2. in the event of the exclusion of Bank shares to trading on a regulated market or the abolition of dematerialization of shares of the Bank in accordance with the provisions referred to in paragraph 1. 1 bearer shares are exchanged for registered shares.

3. To share National Bank covered by the founder in the case referred to in article 1. 42A, the provisions of article 7 shall not apply. 336 § 1 and 2 of the code of commercial companies.

Article. 29. (repealed).

D. the procedure for creating Article banks. 30. [the conditions for the formation of the Bank] 1. The creation of the Bank may take place if: 1) assured the Bank's equipment: a) the own funds of which the volume should be adjusted to the type of banking operations to perform, and the size of the intended activity, b) premises with appropriate technical equipment, stored in the security of the Bank value, taking into account the scope and type of the business of banking;

2) founders and those provided for in the Bank posts the members of the Board of Directors, including the President, to give a pledge of a prudent and sustainable management of the Bank, and at least two people to cover the Bank posts the members of the Board of Directors shall have the education and experience necessary for the management of the Bank and the proven knowledge of the Polish language;

3) (repealed);

4) presented by the founders of the scheme of operations of the Bank for a period of at least three years indicates that this activity will be safe for cash collected in the Bank.

1a. The Financial Supervisory Commission shall refrain, by decision taken at the request of the founders, the requirement of proven knowledge of the Polish language, referred to in paragraph 1. 1 point 2, if it is not necessary for reasons of prudential supervision, in particular taking into account the level of tolerable risk or the scope of the Bank's activities.

1B. When the proceedings on the authorisation of the creation of the Bank's assessment of the fulfilment by the founders of the requirements referred to in paragraph 1. 1 point 2, the Financial Supervisory Commission shall, in particular, made in connection with the obligations of the founders for the Bank to be created or a prudent and stable management.

2. the part of the initial capital could be brought in the form of contributions in kind in the form of equipment and real estate, if you are going to be directly useful in the conduct of the business of banking, except that the initial capital to be paid in the form of cash may not be less than the amount referred to in article 1. 32 paragraph 1. 1, and the value of contributions in kind shall not exceed 15% of the initial capital.

3. (repealed).

4. The Financial Supervisory Commission may in exceptional cases authorise the exceeding of the limit referred to in paragraph 1. 2.5. The initial capital of the Bank may not come from a loan or credit, or sources of unreported.

Article. 30A. [Authorization] the Bank in the form of a public limited liability company and bank spółdzielczy w can be created after obtaining the authorisation of the financial supervision Commission.

Article. 31. [request for authorisation for the creation of the Bank] 1. An application to the financial supervision Commission for authorisation for the creation of the Bank shall include: 1) specify the name and Head Office of the Bank;

2) Bank operations to which the performance of the bank is to be authorized, and the subject matter and scope of the planned activities;

3): a) the founders and those provided for in the Bank posts the members of the Board of Directors, (b)) of initial capital.

2. the application shall be accompanied by: 1) the draft of the Statute of the Bank;

2) programme of activities and the financial plan of the Bank for a period of at least three years;

3) documents relating to the founders and their financial situation, as required by the financial supervision Commission;

3A) the documents referred to in article 1. paragraph 82. 2 points 2 to 5 and 7 of the Act of 29 July 2005 on trading financial instruments corresponding to the scope of the operations referred to in article 1. paragraph 69. 2 points 1 – 7 of this Act, that the bank is going to perform in accordance with article 4. 70 paragraph 1. 2 of this Act;

4) the opinion of the competent supervisory authorities of the country of establishment of the applicant, if the founder is a foreign bank.

3. the draft statute referred to in paragraph 1. 2, paragraph 1, shall specify in particular: 1) company, which should contain the extracted the word "bank", and distinguish themselves from other banks and indicate whether it is a State-owned bank, the bank in the form of a public limited-liability company or bank spółdzielczy w;

2) established, the subject of the action and the scope of the Bank's activities with regard to the activities referred to in article 1. paragraph 69. 2 points 1 – 7 of the Act of 29 July 2005 on trading in financial instruments which the bank intends to carry out in accordance with article 4. 70 paragraph 1. 2 of this Act;

3) authorities and their powers, with particular regard to the competence of the members of the Management Board, as referred to in article 1. 22B paragraph 1. 1, and the rules for decision-making, the basic organizational structure of the Bank, rules for the submission of claims in respect of property rights and obligations, the issue of internal regulation and decision-making process of prior consultation or total value of the assets of the regulation in relation to one principal in excess of 5% of its own funds;

4) the functioning of the internal control system;

5 own funds) and the principle of financial management.

4. If the request for authorisation for the creation of the Bank there are more than 10 founders, they are required to establish a 1-3 delegates who will represent them to the financial supervision Commission in the run-up to the authorisation for the creation of the Bank. Power of attorney should be drawn up in the form of a notarial deed.

Article. 32. [the minimum amount of initial capital] 1. Submitted by the founders of the Bank's initial capital, subject to the provisions of paragraph 2. 2 may not be less than the equivalent in gold 5 0000 0000 euro converted at the average exchange rate issued by the Polish National Bank, in force on the date of issue of the authorisation for the creation of the Bank.

2. in the case of cooperative banks, whose founders have expressed the intention to conclude an agreement, on the basis of the law on the functioning of the cooperative banks, their associations and associations banks, initial capital may not be less than the equivalent in dollars of euro 1 0000 0000 converted at the average exchange rate issued by the Polish National Bank, in force on the date of issue of the authorisation for the creation of the Bank.

3. The initial capital of the Bank to be paid in the form of cash must be paid by the founders of the Polish currency to a bank account in the National Bank, opened in order to make contributions to the initial capital of the Bank.

4. Cover the full amount of the initial capital of the Bank in the form of a public limited liability company and a cooperative bank should be made before entering the Bank to correct the registry.

5. Payment of initial capital State Bank, as well as the separation of the assets of the State Treasury other funds to cover initial capital should take place prior to the submission by the State-owned bank to the Polish financial supervision authority an application for authorisation to commence business.

Article. 33. [the issuance of a permit for the establishment of the Bank] 1. The Financial Supervisory Commission: 1) calls the founders to complete the request if it does not correspond to the requirements set out in article 11. 31, and may request additional data or documents concerning, in particular, the founders and those provided for in the Bank posts the members of the Board of Directors, including information about their financial situation and family, if this information is necessary to take a decision authorizing the creation of the Bank;

2) within a period not exceeding 3 months from the date of receipt of the request or its supplement – it seems to decide on the authorisation for the creation of the Bank.

2. The Financial Supervisory Commission in justified cases may extend to 6 months of the date of the decision referred to in paragraph 1. 1 point 2, informing about the founders before the expiry of 3 months from the date of receipt of the request or its complement.

Article. 34. [content of the authorisation for the creation of the Bank] 1. In the authorisation for the creation of the Bank Financial Supervisory Commission specifies: the company bank, its head office, the name (names) founders and subscribed for by these actions, the amount of the initial capital, for which the bank is authorised, and the conditions under which the Financial Supervisory Commission will allow for the launch of the bank's activities and approves the Statute of the Bank and the composition of the first Board of Directors of the Bank.

2. the amendment of the Statute of the Bank requires the authorisation of the financial supervision Commission, if the concerns listed in the article. 31.3. 3 and the most-favoured-nation or limitation of actions as to voting rights in the Bank in the form of a public limited liability company, and Bank co-operatives which owned legal persons rules for determining the voting power of the members in a manner other than specified in art. 36 § 3, first sentence, of the Act-Cooperative Law.

2A. the authorization to change the Statute may specify the date by which should be taken for resolution. In the event of a failure of the resolution within a prescribed period the decision expires. Article 5(1). 162 § 3 of the administrative code of conduct do not apply.

3. The application for authorisation to change the Statute of the Bank article. 31.3. 2 paragraph 3a and article. 33 shall apply mutatis mutandis.

Article. 35. [the Commission of financial supervision in registration proceedings] Financial Supervisory Commission may be a participant in the proceedings concerning the registration of the Bank.

Article. 36. [Authorization to commence business] 1. The Bank may start a business after obtaining the authorisation of the financial supervision Commission.

2. A request for authorisation to commence by the bank for the Bank Board occurs.

3. Permission to start by the bank for it seems after finding that the bank: 1) is duly prepared organizationally to start operations;

2) accumulated in all the initial capital;


3) has the appropriate conditions for the storage of cash and other values, taking into account the scope and type of the business of banking;

4) complies with the other conditions laid down in the decision authorizing the creation of the Bank.

3A. the Commission shall inform the European Banking Authority of financial supervision of the authorization referred to in paragraph 1. 1, including information about its content.

4. The Bank shall communicate to the Bank guarantee fund for obtaining the entry into the national court register.

Article. 37. [denial of authorisation for the creation of a bank or change his statute of] Financial Supervisory Commission refuses to issue a permit for the creation of the Bank or to change its statutes, if you have not met the requirements for the formation of banks or the intended activities of the Bank would violate provisions of the law, the interests of customers either do not guarantee the security of collected in the Bank or if the laws in force in the place of the seat or residence of the founder or its links with other entities could prevent the effective supervision of the Bank.

Article. 38. [repeal the authorisation] Authorisation referred to in article 1. paragraph 34. 1 and in article 3. paragraph 36. 1, are hereby repealed, if within one year of the authorization of the creation of the Bank began business.

Article. 39. [authorization for the establishment of overseas bank or bank branch] 1. The creation of a national bank Bank abroad, as well as the creation of a National Bank branch abroad, subject to article 22. 48A-48 g, requires the authorisation of the financial supervision Commission.

2. a request for the establishment of overseas bank should include: 1) specify the name, headquarters and the organizational forms of the Bank;

2) data on the founders and initial capital.

3. the application shall be accompanied by: 1) the draft statute and the reasons for the creation of a bank abroad;

2) programme of activities and the financial plan of the Bank for a period of at least three years;

3) information about the laws in force in the host Member State in the following areas: (a)) permits to commence business by the bank, b) tax laws on the activities of banks, c) provisions relating to the transfer of foreign exchange and banking supervision.

4. the request for the establishment of a branch of a bank abroad should include the rationale for the creation of a bank branch and the information referred to in paragraph 1. 3 paragraph 3 concerning, respectively, bank branches.

Article. 40. [authorization for establishment in the country of the foreign bank branch] 1. Creation of the subsidiary of a foreign bank in the country takes place on the basis of the authorisation the Commission of financial supervision, issued after consultation with the Minister of finance, at the request of the person concerned.

2. the application referred to in paragraph 1. 1 should include: 1) company and established the Bank of the requesting and the characteristics of its business;

2) types of Bank operations, for which the exercise is supposed to be an authorised bank branch and Head Office of the branch;

3) the size of the funds allocated to the disposition of the branch;

4) data concerning at least 2 persons provided for in the posts of the Director or his Deputy;

5) in the case of a mandatory Bank guarantee system entities a guarantee fund, the conditions of access to the system, the calculation referred to in article 2. 38d of the Act of 14 December 1994 on the bank guarantee fund (OJ of 2009 No. 84, item 711, with further amendments), by the Commission of financial supervision and Bank guarantee fund, in particular in the event of the condition.

3. the application shall be accompanied by a draft regulation of the branch and the obligation of the requesting foreign bank for meeting any claims which may arise in the relations between the branch office and other entities. The recipe article. 31.3. 2 shall apply mutatis mutandis.

4. the authorisation for the creation of a foreign bank branch in the country's Financial Supervisory Commission shall, in particular, established a branch, a kind of Bank operations to which branch is authorized, the minimum amount of funds necessary for the activities of the branch, the conditions of access to the system for calculating financial supervision by the Commission and the bank guarantee fund, in particular in the event of the condition of the guarantee, and also approves the rules of procedure. Authorizing the Commission of financial supervision shall notify the Bank guarantee fund.

5. Branches of foreign banks are subject to entry in the register of entrepreneurs.

6. To conduct for the creation of a foreign bank branch in the country shall apply mutatis mutandis the provisions of article 4. 32-38.

7. Branch of foreign bank acts on the basis of regulations issued by the bank.

8. Amendment of the rules of procedure referred to in paragraph 1. 7, require the authorisation of the financial supervision Commission.

9. The application for authorisation for a change of the rules of procedure the provisions of article 4. paragraph 34. 2, 2a and 3 shall apply mutatis mutandis.

10. The request referred to in paragraph 1. 9, the foreign bank.

Article. 40A. [obligations of the foreign bank branch] 1. A branch of a foreign bank must: 1) use foreign bank companies in the language of the Member State of his establishment along with Polish language transcript stating the legal form of the Bank and the addition of the words "branch in Poland";

2) lead separate accounts in the Polish language, in accordance with the provisions in force national banks;

3) operate in accordance with the approved terms and conditions;

4) keep all documents relating to his activities at the headquarters of the branch.

1a. the Bank branch, which is not subject to the mandatory deposit guarantee scheme within the meaning of article 3. 2 section 3 of the Act of 14 December 1994 on the bank guarantee fund, tells you – in the way in which they are given information about provided services – users and interested in the use of its services by: 1) economic and financial situation;

2) participation in the guarantee system and the principles of its operation, including the range of subject and the protection of the entitlement on the part of the system, indicating, in particular: (a) the amount of the maximum guarantee amount), (b)) types of entities that can be considered eligible to receive monetary benefits.

1B. Branch of the foreign bank, referred to in paragraph 1. 1A, is obliged to inform the beneficiaries and interested in the use of its services for the lack of protection of the guarantee where: 1) claim, resulting in connection with the performance of banking activities, will not be protected by the guarantee system;

2) in connection with the performance of other activities than the Bank Act, a foreign bank branch shall issue a personal document confirming his commitment;

3) in connection with the services provided by a branch of a foreign bank, and in particular those on mediating in conclusion of contracts arise or may arise for any of the claims of the person that uses and exploitation of the concerned his services to another entity, which is not covered by the guarantee scheme.

1. The information referred to in paragraph 1. 1A, point 2 and paragraphs 1 and 2. 1b paragraphs 1 and 2 shall also be included in contracts between individuals and interested users using the services of a branch of a foreign bank.

(d) information on the mode and conditions of receiving monetary benefits should be made available to the beneficiary at the request of the person concerned, and the use of the services of the foreign bank branch.

1E. All information made available to the people who use and use of the concerned services of the foreign bank branch, pursuant to the provisions of paragraph 1. 1A-1 c, should be administered in such a way as to: 1) which provided information about the provided services;

2) clear and understandable.

1F. information about participation in the system of guarantee may not be used for advertising purposes and should be limited to the information referred to in paragraph 2. 1A and 1b.

1 g. The prohibition referred to in paragraph 1. 1F also applies to non-participants in the system of guarantee.

2. The appointment of the Director and one of the Deputy Directors of the branch of a foreign bank is followed by the consent of the financial supervision Commission. A request for consent shall foreign bank. The provisions of article 4. 22B shall apply by analogy.

Article. 41. [application of the Polish rights to the branches of foreign banks] to branches of foreign banks operating in the Republic of Poland, the Polish law shall apply.

Article. 42. [permission to open a representative office of a foreign bank in the country] 1. Foreign banks and credit institutions can open in Poland, their representation on the basis of the financial supervisory authority authorisation issued in agreement with the Minister competent for financial institutions, at the request of the Bank or credit institution.

2. the application referred to in paragraph 1. 1 should include: 1) the term of the company and the Bank or credit institution and characteristics of the activities carried out by the bank or credit institution applicant;

2) determination of the seat of the representation and the scope of its activities;

3) information about the candidate for the position of the representative of the Bank or credit institution.

3. the proceedings at the opening of representative offices of the Bank and credit institutions shall apply mutatis mutandis the provisions of article 4. 33, art. 37 and article. 38.4. The scope of delegation of the foreign bank and the credit institution may include solely in terms of advertising and promotion of the foreign bank or credit institution to the extent laid down in the authorisation.

5. The Financial Supervisory Commission publishes in the Bulletin of public information a list of issued, repealed and expired permits, referred to in paragraph 1. 1. the 6. The foreign bank and the credit institution are required to notify the Commission of financial supervision: 1) any changes in the facts and law in the field of the data referred to in paragraph 1. 2;


2) information about the discontinuation of the exercise on the territory of the Republic of Poland in the form of a business delegation.

7. The Financial Supervisory Commission, after consultation with the Minister competent for financial institutions, repeals the authorization referred to in paragraph 1. 1, where: 1) foreign bank or credit institution grossly violates the Polish law or does not perform the obligation referred to in paragraph 1. 6;

2) there has been a winding-up of a foreign bank to open or a credit institution or a foreign bank has lost the right to perform business activities;

3 foreign bank representation) the activities of the credit institution or blatantly outside the scope given in the authorisation;

4) the competent supervisory authorities of the Member State in which the foreign bank or the credit institution has its registered office or place of performance of the Board of Directors, repealed the authorization of banking by the bank or credit institution.

8. in the case of cessation of foreign bank or credit institution performing on the territory of the Republic of Poland for in the form of delegations, the authorisation referred to in paragraph 1. 1 expires. The Financial Supervisory Commission, by a decision, notes the expiry of the permit.

Da. Special way to create domestic banks by credit institutions operating in the territory of the Republic of Poland by a branch of the Art. 42A. [the establishment of a National Bank by the credit institution banking activity on the territory of the Republic of Poland by branch] 1. Credit institution, banking activity on the territory of the Republic of Poland by a branch of the national bank, you can create in the form of a public limited-liability company by bringing non-monetary contribution title of all assets of the branch, intended for the pursuit of the business of the branch, in so far as they constitute an undertaking or its organized part. National Bank shares can be covered only by the credit institution.

2. To create a National Bank by the credit institution referred to in paragraph 1. 1, shall apply, subject to article 22. 42B-42e, the provisions relating to the establishment of the Bank in the form of a public limited liability company, with the exception of article 5. 30 paragraph 1. 2 and 4, and article 16. 36.3. The consent referred to in article 14(2). 313 § 1-3 of the code of commercial companies, should also address the transition of all assets of the branch of the national bank.

Article. 42B. [the documents necessary to establish the Bank] in addition to the documents referred to in article 1. 31.3. 2, the application for authorisation for the creation of a National Bank by the credit institution referred to in article 2. paragraph 42A. 1, shall be accompanied by: 1) verified by an entity entitled to audit accounts: (a) the value of the property to the specified Branch) day of the month preceding the application for the establishment of a National Bank, according to previous accounting principles adopted by the branch, without recognition in the assets of the additional components and make changes in the rules determining estimates affecting the valuation of assets and liabilities, and (b)) a statement containing information about the status of the accountant Branch made for the purposes of the creation of a National Bank for the day referred to in point (a). (a) stating that the value of the non-monetary contribution corresponds to the carrying amount of the company or of the branch held according to previous accounting principles adopted by the branch of a credit institution;

2) a certified copy of the transferred through the competent supervisory authorities of the Member State of the notification prior to the cessation of activities relating to the home territory of the Republic of Poland by a branch;

3) information about the authorizations, concessions and reductions that have been granted to credit institutions in connection with the establishment or activity of the branch, together with a certified copy of the notice other than the Commission of financial supervision authority which issued the permit or granted concessions, with the intention to create a National Bank and the possibility of filing an objection referred to in article 2. 42E paragraph 1. 2 paragraph 3.

Article. 42 c [inspection prior to a decision on the authorisation of the creation of a National Bank] 1. Prior to the issuance of the decision on the authorisation of the creation of the National Bank, as referred to in article 1. paragraph 42A. 1 the credit institution Branch Office carried out control activities. To the provisions of article 3. paragraph 133. 2-4, art. 135 and 136 shall apply mutatis mutandis.

2. The Financial Supervisory Commission refuses to issue a permit for the creation of a National Bank, as referred to in article 1. paragraph 42A. 1 if the output can cause serious damage to the national economy or the important interests of the State.

Article. 42d [repeal of the authorisation] Authorisation for the creation of the Bank, as referred to in article 1. paragraph 42A. 1, is hereby repealed, if the Bank's entry in the register of entrepreneurs is not made within one year from the date of service. The Financial Supervisory Commission may specify in the permit shorter term losing its power, not less than six months, if this is justified by the need for a prudent and stable establishment of the bank created.

Article. 42E. [entry in the register of entrepreneurs] 1. National Bank created by the credit institution under article 4. paragraph 42A. 1 starts at the moment of registration in the register of entrepreneurs. Removal from the register of the branch of a credit institution from the register shall be filed with the Office on the date of registration of the National Bank to register.

2. upon entry in the register of entrepreneurs of the national bank, as referred to in paragraph 1. 1, joins all the rights and obligations of the credit institution associated with the activities of the branch. National bank pass permits, concessions and reductions that have been granted to a credit institution on the basis of the provisions in force in the territory of the Republic of Poland in connection with the establishment or activity of the branch, to the extent that: 1) have been disclosed in the information referred to in article 14(2). 42B, point 3;

2) separate provisions or the decision to grant the authorisation, concession or otherwise relief;

3) before issuing a permit to create a National Bank, opposition has not submitted any authority which issued the permit or granted concessions.

3. disclosure of the registers or other records of transition to national bank of rights disclosed in these books or other records, followed by on the Bank's proposal.

4. cash provided by a credit institution to carry out the activities of the branch are not obligations of the National Bank.

5. in the case of the creation of a National Bank, referred to in paragraph 1. 1, shall apply the provisions of the Act of 29 September 1994 on accounting (OJ of 2009 No. 152, item 1223, as amended) concerning changes to the legal form of the entity.

6. in the Organization of the Company, having become a bank referred to in paragraph 1. 1, the Commission may apply to the financial supervision authority for licences referred to in article 1. 6a paragraph 2. 1 (1) (a). (k) and article. 6 d of paragraph 1. 1 if these certificates will be required at the time of the Bank's entry in the register of entrepreneurs.

Article. 42f [solvency ratio] 1. The National Bank set up pursuant to article 12. paragraph 42A. 1 is required to maintain a solvency ratio of at least 12% in the first 18 months of business. Article. paragraph 128. 1, paragraph 3 shall not apply.

2. the own funds of the National Bank, as referred to in paragraph 1. 1 as a result of the filing of initial capital, the share of non-cash contributions, the limit does not apply in the essential funds the Bank referred to in article 1. paragraph 128. 1. The transformation of State-owned bank in joint-stock company Article. 43. [transformation of State-owned bank] State Bank could be transformed into a bank in the form of a public limited-liability company.

Article. 44. [convert Mode], the Council of Ministers at the request of the Minister of the Treasury, after consulting the Commission of financial supervision, by means of regulations: 1) transformed into a State-owned bank in joint-stock company with the participation of the State Treasury;

2) specifies the extent to which the assets of the State-owned bank will be transferred to public limited-liability company to cover the capital, in what will be the disposal of the assets of the company created with the involvement of the State Treasury.

Article. 45. [Succession rights and obligations] the transformation of State-owned bank in joint-stock company does not cause changes in the bank's contracts and permissions in respect of administrative decisions. The transformation of the Bank follows on the basis of the balance sheet drawn up on the day. From that date, the bank in the form of a public limited liability company enters all the rights and obligations of the converted State Bank.

Article. 46. [the liquidation of State-owned bank] on obtaining legal personality by the bank in the form of a public limited liability company State bank is wound up and dissolved bodies.

Article. 47. [the application of the provisions of the code of commercial companies] unregulated by law, by the conversion of State-owned bank in the bank in the form of a public limited-liability company shall be specified in the provisions of the commercial companies Code of conduct for the mode or ache of a public limited liability company, with the exception of article 5. 312. 336. 48. [the application of the provisions of the Act on commercialisation and privatisation of State-owned enterprises] In disposing to third parties belonging to the Treasury shares of the Bank resulting from the transformation of the National Bank shall apply the relevant provisions of chapters IV and V of the Act of 30 August 1996 on the commercialisation and privatisation (OJ of 2002 No. 171, poz. 1397, as amended).



Chapter 2a of the taking up or pursuit of the activities of national banks in the territory of the host State as well as by credit institutions on the territory of the Republic of Poland Article. 48A. [Branch] a National Bank may operate in the territory of the host State through a branch or under the cross-border activities.


Article. 48B [Steps resulting from the authorisation] National Bank may carry out on the territory of the host State the actions resulting from the authorisation referred to in article 2. paragraph 34. 1. 48c. [notice] 1. The National Bank, which intends to establish a branch within the territory of the host State, it shall inform in writing the Commission of financial supervision.

2. the notification referred to in paragraph 1. 1 should include: 1) the name of the host State, in the territory of which the bank intends to establish a branch;

2) the name of the branch;

3) the address of the branch from which it will be possible to obtain documents concerning its activities;

4) program activity branch, specifying in particular the actions to the bank intends to do through a branch, and a description of the organisational structure of the branch;

5) the names of persons provided for in the positions of Director of branch and his Deputy.

3. The Financial Supervisory Commission may require additions to the notification referred to in paragraph 1. 1, in the area referred to in paragraph 1. 2 section 2-5.

4. Within three months from the date of receipt of the notification referred to in paragraph 1. 1, or its complete financial supervisory Commission shall send notice to the competent supervisory authorities of the host State, together with information on the amount of the own funds and solvency of the Bank, which intends to establish a branch. By sending a notice to the competent supervisory authorities of financial supervisory Commission shall inform interested bank.

Article. 5F. [denial of transfer info] 1. Financial Supervisory Commission refuses to send the notification referred to in article 1. 48c paragraph 1. 1, where-1) have not been complied with requirements referred to in article 1. 48c paragraph 1. 2;

2) organisational structure of the Bank or its financial situation are inadequate for the intended activities;

3) intended activities would violate the provisions of the law;

4) intended activities could prove unfavorable for a prudent and stable management of the Bank.

2. The Financial Supervisory Commission shall send to the Bank the negative decision within three months from the date of receipt of the notice or its complement.

3. the Commission shall inform the European Banking Authority of financial supervision of any negative decision, giving the reasons for its release.

Article. 48e. [Notification of its intention to make changes] of the intention to make changes in the terms indicated in the article. 48c paragraph 1. 2 paragraph 2-5 the national bank shall notify, in writing, to the Commission of financial supervision and the competent supervisory authorities of the host State, at the latest one month before making the change. The provisions of article 4. 48c paragraph 1. 3 and 4 and articles. 5 d shall apply mutatis mutandis.

Article. 48f. [notice of its intention to carry out cross-border activities] 1. The National Bank, which intends to carry out cross-border operations, it shall inform the Commission of financial supervision. The notification must indicate for each activity resulting from granted the Bank the consent, what bank is going to perform.

2. The Financial Supervisory Commission shall send the notice referred to in paragraph 1. 1, the competent authorities of the supervisory body of the host State within one month from the date of its receipt and inform the interested in the bank.

Article. 48 g. [notification of loss of authorization] Financial Supervisory Commission shall immediately inform the competent supervisory authorities of the host State for the loss by the national bank, established in its territory, on its creation.

Article. 48 h. [the procedures for the exercise of operations] 1. Financial institution established in the territory of the Republic of Poland may exercise within the territory of the host Member State the activities referred to in article 1. 5 paragraph 1. 2. 6 (2). 1 point 1 to 4, 6, 7 and 8, to the extent specified in the Act of setting it up, through a branch or under the cross-border activity, provided that: 1) is a subsidiary of one of the National Bank is subject to consolidated supervision;

2) is subject to consolidated supervision;

3) actually operates on the territory of the Republic of Poland;

4) bank or national banks referred to in paragraph 1, have the right to exercise at least 90% of the vote in which the financial institution;

5) bank or national banks referred to in paragraph 1, shall meet the prescribed in the provisions of the Act, the requirements for own funds, solvency, large exposures, liquidity and market risks;

6) bank or national banks referred to in paragraph 1, after obtaining the consent of the Financial Supervision Commission, submit a letter of guarantee, which will accept joint and several liability for the commitments entered into by the financial institution.

2. The conditions referred to in paragraph 1. 1 is subject to verification by the Commission of financial supervision.

2A. in the case of a financial institution to meet the conditions referred to in paragraph 1. 1, the Financial Supervisory Commission, it seems that the financial institution the certificate that meets these requirements.

3. A financial institution shall inform the financial supervision Commission in writing of the intention to create a branch or cross-border activities in the territory of the host State. The provisions of article 4. 48c paragraph 1. 2-4. 5F-48f shall apply mutatis mutandis, except that the Financial Supervisory Commission: 1) shall inform the competent supervisory authorities of the host State of the amount of the own funds of the subsidiary financial institution and the consolidated solvency ratio of dominant to her bank or banks referred to in paragraph 1. 1 point 1;

1A) joins the notification a certificate referred to in paragraph 1. 2A;

2) refuses to submit a notification to the competent authorities of the supervisory body also in the case where the financial institution does not satisfy the conditions referred to in paragraph 1. 1.4. In the case where a financial institution no longer fulfils the conditions referred to in paragraph 1. 1, the Financial Supervisory Commission shall notify the competent supervisory authorities. As soon as notification activities performed by this institution in the territory of the host State shall be subject to the legislation of the host State.

5. The Financial Supervisory Commission may, to the financial institution referred to in paragraph 1. 1, at the request of the competent supervisory authorities of the host State, to apply the measures referred to in article 1. paragraph 138. 3 points 1, 2 and 3a and article. 141 or prohibit activities in the area of the host State.

Article. 48i. [credit institution], the credit institution may operate in the territory of the Republic of Poland through a branch or under the cross-border activities.

Article. 48j [activities], the credit institution may perform on the territory of the Republic of Poland the actions referred to in article 1. 5 paragraph 1. 1 and 2 and article 4. 6 (2). 1 points 1-4 and 6-8 in terms of authorisation granted by the competent authorities of the home Member State supervision.

Article. 48 k [the activities of credit institutions] 1. To the activities of credit institutions within the territory of the Republic of Poland, the Polish law shall apply subject to the provisions of paragraph 2. 2 and 3.

2. branches of credit institutions. 1-11. paragraph 40A. 1, art. 49-70. 73-78a, article. 80-98, art. 101-112, art. 124. 124a. paragraph 133. 2 paragraph 1 and paragraph 2. 3, art. 137. paragraph 138. 1, point 1, paragraph 2. 2 and paragraphs 1 and 2. 3 paragraphs 1, 3 and 3a, art. paragraph 139. 1 point 2 and 3, art. 141. paragraph 171. 4-7 shall apply mutatis mutandis.

3. the monetary policy pursued by the Polish National Bank, to the date of accession of the Republic of Poland to economic and Monetary Union, the branches of credit institutions shall have the same rights and obligations as the national banks and branches of foreign banks.

Article. 48l [a branch of a credit institution] 1. A branch of a credit institution may, subject to the provisions of paragraph 2. 2, start a business on the territory of the Republic of Poland soon after the expiration of two months from the date of receipt by the Commission of financial supervision from the competent supervisory authority of the home state the following information: 1) the name and address of the branch on the territory of the Republic of Poland, under which it will be possible to obtain documents concerning its activities;

2) setting out the programme of activities, in particular activities which the credit institution intends to pursue, and a description of the organisational structure of the branch;

3) persons provided for the positions of Director of branch and his Deputy;

4) the amount of the own funds of the credit institution and the amount of the solvency ratio.

2. Within two months from the date of receipt of the information referred to in paragraph 1. 1, the Financial Supervisory Commission may indicate the conditions that in the interest of the general good, in particular in order to protect the consumer goods safety economic or prevent violations of the law, a branch of a credit institution must comply with in conducting business in the territory of the Republic of Poland.

3. Of its intention to make changes in the terms referred to in paragraph 1. 1 point 1 to 3, a credit institution shall inform the financial supervision authority within one month at the latest to the Commission prior to such a change. Changes are binding from the date of receipt by the Commission of financial supervision of the relevant notice from the competent supervisory authorities of the Member State. The provisions of paragraph 1. 2 shall apply mutatis mutandis.

Article. 48ł. [cross-border Activities of the credit institution], the credit institution may commence cross-border activities on the territory of the Republic of Poland upon receipt by the Commission of financial supervision of a notice from the competent supervisory authorities of the Member State of the parent that specifies the type of activities which the institution intends to perform.


Article. 48 m [report] a branch of a credit institution established in the territory of the Republic of Poland is obliged to transfer to the National Bank Polish periodical reports on their activities in the field and established on the basis of article. 23 paragraph 1. 3 and 4 of the Act of 29 August 1997 on the National Polish Bank (Dz. u. of 2005 No 1, item 2, as amended).

Article. 48n. [financial institutions] to financial institutions established in Member States which meet the requirements referred to in article 1. 48 h of paragraph 1. 1, the provisions of article 4. 48l and 48ł shall apply mutatis mutandis.

Article. latitude 48 ° [information about participation in the system of guarantee] 1. A credit institution operating on the territory of the Republic of Poland shall inform – the way in which they are given information about provided services – users and interested in the use of its services by: 1) economic and financial situation;

2) participation in the guarantee system and the principles of its operation, including the range of subject and the protection of the entitlement on the part of the system, indicating, in particular: (a) the amount of the maximum guarantee amount), (b)) types of entities that can be considered eligible to receive monetary benefits.

2. a credit institution operating on the territory of the Republic of Poland is obliged to inform the person using and exploitation of the concerned services about the lack of protection of the guarantee where: 1) claim, resulting in connection with the performance of banking activities, will not be protected by the guarantee system;

2) in connection with the performance of other activities than the Bank Act, the credit institution shall issue a personal document confirming its undertaking;

3) in connection with the services provided by the credit institution, and in particular those on mediating in conclusion of contracts arise or may arise for any of the claims of persons enjoying and using its services to another entity, which is not covered by the guarantee scheme.

3. The information referred to in paragraph 1. 1, paragraph 2 and paragraph 3. 2 (1) and (2), should also be included in contracts between individuals and interested users the use of their services and a credit institution.

4. Information on the mode and conditions of receiving monetary benefits should be made available to the beneficiary at the request of the person concerned, and the use of the services of a credit institution.

5. all information made available to the people who use and use of the concerned services of the credit institution, pursuant to the provisions of paragraph 1. 1-3, should be administered in such a way as to: 1) which provided information about the provided services;

2) clear and understandable.

6. information about participation in the system of guarantee may not be used for advertising purposes and should be limited to the information referred to in paragraph 2. 1 and 2.

7. The prohibition referred to in paragraph 1. 6 shall also apply to non-participants in the system of guarantee.



Chapter 3 bank accounts Art. 49. [types of bank accounts] 1. Banks may lead, in particular, the following types of bank accounts: 1) settlement accounts, including current and secondary;

2) fixed-term deposits accounts;

3) savings accounts, savings accounts and fixed-term savings deposits accounts billing;

4) trust accounts.

2. Settlement accounts and term deposits accounts may be carried out only for: 1) of legal persons;

2) organizational units without legal personality, as long as they have legal capacity;

3) individuals engaged in a gainful activity for their own account, including for persons who are entrepreneurs.

3. Savings accounts, savings accounts and fixed-term savings deposits accounts billing may be carried out only for: 1) natural persons;

2) school savings banks;

3 employee zapomogowo loan-cash registers).

Article. 50. [Having funds collected in the account] 1. The holder of a bank account offers free cash collected on the account. In the agreement with the Bank can be contained provisions restricting the freedom to dispose of these measures.

2. the Bank shall make special care in ensuring the safety of stored funds.

Article. 51. [joint Account] [4] bank account may be carried out for a few individuals, a few units of local governments or parties to the agreement on cooperation within the meaning of the Act of 9 June 2011-geological and Mining Law (Dz. u. of 2014. poz. 613,) is a joint account.

Article. 51A. [joint Account individuals] in the case of a joint account carried out for individuals, unless the bank account agreement provides otherwise: 1) each of the account współposiadaczy cash alone might have collected on the account;

2) each with a współposiadaczy account can cancel the contract at any time with effect for the remaining współposiadaczy.

Article. 51B. [joint Account of the territorial self-government units] 1. Joint account for local government units may be carried out only in the context of the common implementation of public tasks, including for the implementation of actions co-financed by the European Union.

2. joint account Agreement operated for units of local Government shall specify the purpose for which the account is maintained.

3. Rules for the transfer of cash collected on account of the common run for local government units and the principles speak to the agreement that Bill specifies the bank account agreement.



Article. 51c. [joint Account for the parties to the agreement for cooperation] [5] 1. Joint account for the cooperation of the Contracting Parties may be carried out only in relation to the implementation of the cooperation agreement and granted the concessions referred to in the Act of 9 June 2011-geological and Mining Law.

2. in the case of a joint account for the pages of the cooperation agreement: 1) entitled to dispose of the cash collected on the account is only a współposiadacz operator within the meaning of the Act of 9 June 2011-geological and Mining Law;

2) współposiadacz account can request the current information on the balance, periodic bank statements, and the history of account and sub-accounts.

Article. 52. [bank account Agreement] 1. Bank account agreement shall be concluded in writing.

2. bank account Agreement should specify, in particular: 1) the parties to the agreement;

2) type of account;

3) currency account;

4) the duration of the agreement;

5) unless the parties reserve interest rate cash accumulated in the account is the amount of that interest and the conditions for the admissibility of amendments by the bank, as well as the terms of payment, bringing the disposal or capitalization of the interest payable;

6) the amount of fees and charges for activities related to the implementation of the agreement and the conditions and their changes by the bank;

7) forms and extent of cash settlements made on the instructions of the account holder and the deadlines for their implementation;

8) the rationale and mode of making changes to the contract;

9) indications and mode of termination the bank account;

10) the responsibilities of the Bank for the timely and proper conduct of the accounts and the amount of compensation for exceeding the time limit implementation of the disposal of the account holder.

3. To calculate the interest payable from the funds accumulated in the account it is assumed that a year has 365 days, unless the contract provides otherwise.

4. In the case of a bank account to act as a function of the income payments referred to in article 2. (2) section 25 of the Act of 19 August 2011, payment services, the provisions of paragraph 1. 1 and 2 shall not apply.

Article. 53. [document confirming the conclusion of the agreement] 1. The Bank may pass holder savings account and savings deposit to the account holder or another savings bank book have recorded evidence of the conclusion of the agreement. In the name of the document to be used, where appropriate, the word "austerity measures".

2. the issue of the document referred to in paragraph 1. 1, releases the bank from the obligation to submit to the holder of the bank account statements for this account.

3. in the case of the document referred to in paragraph 1. 1, it shall be remitted.

4. the Minister of Justice, after consultation with the Financial Supervisory Commission, shall, by regulation, the detailed conditions and make the documents referred to in paragraph 1. 1, having regard to the nature of these documents and the legitimate interests of account holders.

Article. 54. [cash] 1. Cash on the savings accounts, savings accounts and fixed-term accounts savings deposits account for one person, regardless of the number of concluded contracts, are free from classes on the basis of judicial or administrative enforcement up to three average monthly salaries in the enterprise sector, without payment of awards, issued by the President of the Central Statistical Office for the period immediately preceding the day of the issue of enforcement.

2. cash accumulated savings account, current account and savings deposit account billing run for several individuals are free from attachment to the amount referred to in paragraph 1. 1, regardless of the number of such współposiadaczy.

Article. 55. [the death of the holder of a savings account] 1. In the event of the death of the holder of a savings account, current account or savings deposit account settlement bank is obliged to pay out of these accounts:


1) amount spent on the funeral expenses of the account holder to the person who presented the Bills stating the amount incurred by the costs – to an extent not exceeding the cost of the burial equipment in accordance with the practice adopted in the environment;

2) an amount equal to the contributions made by the accounts of the paying authority or of social security insurance benefits or emoluments of idle, which do not belong to the period after the death of the account holder, as indicated in the proposal of the paying authority is a service or salary, addressed to the Bank together with a statement of account numbers that have been donated.

2. the amount to be paid in accordance with paragraph 1. 1 point 1 does not fall to drop after the holder of the account.

3. the Bank shall be exempt from the payment of the full or partial amount referred to in paragraph 1. 1 point 2, if, before the receipt of the request the paying authority service or salary made payments from these accounts to other eligible persons to payment do not allow you to execute the application in whole or in part, and within 30 days of receiving the request inform the authority, together with an indication of the people who have downloaded the payment.

4. the Bank shall not be liable for damages arising out of the implementation of the actions referred to in paragraph 1. 1, paragraph 2 and paragraph 3. 3. liability in this respect shall be borne by the paying authority service or salary that occurred.

Article. 56. [disposition of contributions in the event of death] 1. The holder of a savings account, current account or savings deposit account billing can recommend in writing to the Bank to make-after his death – withdrawals from an account designated by yourself people: spouse, descendants or siblings of a specified amount of money (the disposition of contributions in the event of death).

2. the amount of the payments referred to in paragraph 1. 1, regardless of the number of issued, cannot be higher than the dwudziestokrotne average monthly salaries in the corporate sector without profit-sharing Awards payments, announced by the President of the Central Statistical Office for the last month before the death of the account holder.

3. the disposition of contributions in the event of death can be changed by the account holder at any time or revoked in writing.

4. If the account holder has issued more than one disposition of contributions in the event of death, and the total disposal exceeds the limit referred to in paragraph 1. 2 specification released later takes precedence over disposition of issued earlier.

5. The amount paid in accordance with paragraph 1. 1 not to drop after the holder of the account.

6. A person who, on the basis of the available contribution in the event of death the amount was paid in contravention of paragraph 1. 4, are required to return them to the heirs of the holder.

Article. 57. [exclusion of application of the provisions of the Act]. 55 paragraph 1. 1. paragraph 56. 1 do not apply to a Bill referred to in article 2. 51. 58. [Minor account holder] Minor holder savings account, current account or savings deposit account billing can after the completion of the thirteen freely dispose of cash collected on those accounts, unless it opposes his legal representative in writing.

Article. 59. [trust account] 1. A trust account can be collected only cash entrusted to the account holder on the basis of a separate agreement – by a third party.

2. the parties to the agreement, the trust account are the bank and the account holder (the trustee).

3. the agreement referred to in paragraph 1. 2, defines the conditions which must be met in order for third party cash deposited to the account can be paid to the account holder or to his orders on the use of these measures can be implemented.

4. in the event of enforcement proceedings against the holder of the escrow-funds in the account are not subject to seizure.

5. in the event of bankruptcy of the holder of the escrow – cash on that account excluded from bankruptcy.

6. In the event of the death of the holder of the escrow collected on that account amount do not fall to drop after the holder of the account.

7. the provisions of paragraphs 1 and 2. 3-6 shall apply in cases when entrusting the execution of the contract in cash referred to in paragraph 1. 1, with a date.

Article. 60. [termination of bank account] if the bank account agreement provides otherwise, it solution, when within a period of two years has not been on any account turnover, in addition to adding to the interest, and cash on that account shall not exceed the minimum amount referred to in this agreement.

Article. 61. [loss of proof of the conclusion of the agreement] 1. If the Bank loss of proof of the conclusion of the agreement savings account, check or check information, the account holder shall not charge the payment in cash and wire transfers made on the basis of these documents in the Bank leading savings account, from the time of receipt by the bank.

2. In cases other than those referred to in paragraph 1. 1 the principle of charging account holder bank cash withdrawals made by the account holder after the loss of the documents referred to in paragraph 1. 1, specifies the bank account agreement.

Article. 62. [Close lost documents] Close documents lost contract savings account, current account or savings deposit account billing in the course of judicial or administrative enforcement of the savings account, current account or savings deposit account billing shall specify the provisions of the Act of 17 November 1964 – code of civil procedure (OJ No 43, item 296, as amended) and the provisions of the enforcement proceedings in administration.



Chapter 4 the cash Settlement shall be carried out through the Article banks. 63. [conditions for carrying out the bank accounts] 1. Cash settlement can be carried out via banks, if at least one of the parties to the settlement (the debtor or creditor) has a bank account. Cash settlement shall be carried out using a credit card or load paper or computer storage media.

2. Cash Settlement shall be made by cheque, cash or by cash deposit to the account of the creditor.

3. non-cash Settlement shall be made in particular: 1) with the transfer;

2) with direct debit;

3 summary check);

4) by credit card.

Article. 63A. (repealed).

Article. 63B. [cashier] 1. Cashier's check is a disposition of cheque issuer given load trasatowi his Bill the amount for which a cheque was issued, and the payment of the amount of the check bearer or person indicated on the check.

2. the cashier's check can be presented for payment immediately on trasata or in another bank. Payment cash cheque presented to pay in another bank, subject to the provisions of paragraph 2. 3, after the bank of trasata funds sufficient to pay the check. The detailed terms and conditions submit cashier's check to pay in another bank specifies the agreement between the Bank and the holder of the cheque.

3. Banks may enter into agreements in which-on the basis of reciprocity-determine other than in paragraph 1. 2 cash cheque presentation mode to be paid from the savings accounts.

Article. 63 c [Command transfer] transfer Command is given to the Bank your debtor account load the specified amount and the amount of the creditor's account. The bank executes a disposition by the debtor in the manner provided for in the contract of bank account.

Article. 63d [debit] 1. The payment is given to the Bank creditor the amount specified load disposition of the debtor's bank account and credits the amount of the creditor's account. Disposition of the creditor means at the same time its consent to the withdrawal by the debtor's bank debiting of the debtor and the creditor in crediting the withdrawal of the case by reference to the debtor payment referred to in paragraph 1. 6.2. Carrying out settlement with direct debit is acceptable provided: 1) the possession by the creditor and the debtor accounts in banks, which have concluded the agreement on the application of the payment order, specifying in particular: the responsibility of the banks carrying out the payment, the reasons for refusing to execute the payment order by the bank to the debtor, the investigation procedure claims banks, resulting from the effects of cancellation of the payment order by the debtor, uniform forms and rules for the implementation of the payment orders by banks of information using the data media;

2) to the debtor the creditor permission to charge the debtor's account by means of payment in the contract within the time limits for payment of certain obligations;

3) conclusion between the creditor and the Bank conducting his account of the agreement on the application of the payment order by the creditor, in particular the consent of the Bank to use the payment by the claimant, the rules for the submission and implementation of payment orders, the consent of the creditor on account usage amounts that you are revoking payment orders with interest, referred to in paragraph 1. 7, returned to the debtor following the cancellation of direct debit and the responsibility of the creditor and the Bank;

4) that the maximum amount of the single payment shall not exceed the equivalent of, converted to gold according to average exchange rate issued by the Polish National Bank on the last day of the quarter preceding the quarter during which cash settlement is made: a) 1000 euros-where the debtor is a natural person, business niewykonująca, b) 50 000 euros-in the case of the other debtors.


3. the Bank, which granted to the creditor consent to the use of direct debits, it is to the banks – the parties to the agreement referred to in paragraph 1. 2, paragraph 1, which is responsible for activities relating to the application of the creditor, direct debits, in particular is obliged to immediate recognition of the amount of the direct debit bank account revoked the debtor, together with interest, referred to in paragraph 1. 7, also in the absence of measures, on the account of the creditor or any other cause which makes it impossible to load the creditor's bank account.

4. Recognition of the creditor's bank account after obtaining his bank from the debtor's Bank funds sufficient to cover the payment.

5. The debtor shall have the right to revoke at any time the consent referred to in paragraph 1. 2 (2).

6. The debtor may reference a single direct debit, bank operating within his account: 1) 30 calendar days from the date of the load bank account – where the debtor is a natural person niewykonująca business;

2) 5 working days from the date of the load bank account – in the case of the other debtors.

7. an appeal of a payment order by the debtor requires the debtor's bank for immediate recognition of the debtor's bank account the amount of the payment order revoked. Crediting of the debtor from the date of cancellation of the payment order, with the obligation to charge the debtor's account load-the amount of the debit interest owed to the debtor is revoked in respect of interest on a bank account.

8. a Bank creditor may carry out direct debit accounts under the conditions laid down in the Act, except that: 1) to the accounts shall not apply the provisions of paragraph 1. 2 paragraph 3 and paragraph 4. 3.

2) this bank is obliged to immediate recognition of the amount of the direct debit bank account revoked.

9. The provisions of paragraph 1. 1 to 8 shall not apply to payment transactions covered by the Act of 19 August 2011, payment services.

Article. 63e [paycheck] 1. Paycheck is a disposition of the cheque issuer given trasatowi to load his Bill the amount for which a cheque was issued, and the amount of the income of the holder of the cheque.

2. at the request of the issuer of the cheque, the bank can confirm the paycheck, reserving the right of the issuer account at the same time the Fund to cover the check. The Bank can confirm also check inconsistent if and only if.

3. Paycheck can be submitted for settlement with payment directly at trasata or in the Bank, in which the holder of a cheque is a Bill. The recognition of the holder's account, the check sum of the checkbook, subject to the provisions of paragraph 2. 4, followed by a bank cheque holder from trasata funds sufficient to pay the check. Detailed conditions for the presentation of the cheque for settlement with the effects of the payment in the Bank other than the trasata specifies the contract between the Bank and the holder of the cheque.

4. Banks may enter into agreements in which-on the basis of reciprocity-determine other than in paragraph 1. 3 presentation mode checks account to pay from savings accounts.

Article. 63f. [Payment by credit card] 1. Under the conditions laid down in the agreements, the parties may apply to the accounts of cashless payment cards.

2. Rights and obligations of the Publisher and the holder of credit card specifies a separate statute.

Article. 63g. (repealed).

Article. 63 h [Delegation] proper Minister of financial institutions may determine, by regulation, after consulting the President of the Polish National Bank, pattern transfer order form/cash deposit cash in the accounts used to be carried out through the Bank.

Article. 64. [Solidary responsibility for damage caused by banks defaulted or undue command] 1. If the conduct of the monetary settlement filed by the holder of the bank account is performed by several banks, each of these shall be borne by the banks, together with the other joint and several liability to the account holder for damage caused by failure or improper execution of the command.

2. The provisions of paragraph 1. 1 shall not apply to payment services provided in the Act of 19 August 2011, payment services.

Article. 65. [Check the payment of] the Bank effecting payments from the bank account is required to verify the authenticity and the accuracy of a formal document which is the basis for payment and the identity of the person giving the order.

Article. 66. [Taking cash] banks are required to accept payment in cash on bank accounts and convert and sort of euro banknotes and coins from these deposits.

Article. 67. [clearing houses] Banks, together with the Bank the economic Chambers can create clearing houses in the form of commercial companies with a view to exchanging payment orders and determine counterclaims arising from these orders. In order to safeguard the conduct of settlement, the Board may form from the resources of the bank guarantee fund; the means of this Fund shall not be subject to the execution of the Bank's assets.

Article. 24. [cash collected on the settlement account] cash collected on the settlement account of the Bank within the meaning of the law of 24 August 2001 on settlement finality in payment and securities settlement systems and the principles of supervision of these systems (OJ 2010 No. 112, item. 743, with further amendments) shall be free from seizure on the basis of judicial or administrative enforcement to the amount necessary for the implementation of the obligations as a result of the Bank's participation in a payment system or a securities settlement system, before the moment of effecting the seizure.

Article. 68. [Delegation] President of the Polish National Bank specifies by order: 1) way of carrying out interbank settlements, including via the media of computer data;

2) way and mode conversion, sorting, packing and marking of packaging of banknotes and coins and perform activities related to the provision of banks in these characters;

3) how banks and the number of their organizational units;

4) number in bank accounts the way banks.



Chapter 5 loans and financial loans and exposures Article. 69. [credit agreement] 1. By a contract of credit the bank undertakes to pay to the borrower's disposal at the time indicated in the contract amount of cash for a fixed purpose, and the borrower undertakes to use it under the conditions laid down in the contract, the repayment of the loan together with interest at maturity dates marked and payment of Commission from the credit granted.

2. the credit agreement should be concluded in writing and specify in particular: 1) the parties to the agreement;

2) the amount and currency of the loan;

3) purpose for which the loan was granted.

4) principles and maturity of the loan;

4A) [6] in the case of the credit agreement denominated or indexed to currencies other than the currency of the United States, the detailed rules for determining the ways and terms of fixing the exchange rate, on the basis of which, in particular, the loan amount is calculated, its the tranches and installments and interest and the rules for conversion into the currency of the payment or loan repayment;

5) the amount of the interest rate of the loan and its conditions;

6) how to secure repayment of the loan;

7) the scope of the powers of the bank related to the control of use and repayment;

8) and how to make available to the borrower of the cash;

9) the amount of commissions, if the contract provides for it;

10) the conditions for making changes and termination.

3. in the case of the credit agreement denominated or indexed to currencies other than the currency of the United States, the borrower may make capital repayments and interest and make a full or partial early repayment of the loan amount directly into this type of currency. In this case, the credit agreement shall specify the rules of opening and keeping an account used to collect funds for the repayment of the credit and the rules for payment through this Bill.

Article. 70. [credit] 1. The Bank makes the creditworthiness of the borrower's creditworthiness. By credit rating means the ability to repay the loan with interest within the time periods specified in the contract. The borrower is required to submit at the request of the Bank documents and information necessary to assess this ability.

2. A natural person, legal or organizational unit without legal personality, unless it has the legal capacity, which do not have a credit rating, the bank may grant credit provided: 1) the establishment of a special way of securing a loan;

2) provide whatever security loan repayment program to repair the economy entity, whose implementation will ensure that – according to the assessment of the Bank is getting credit at a specific time.

3. The borrower is obliged to allow the bank to undertake activities related to the evaluation of the financial and economic situation and control the use and repayment of the loan.

4. the provision of paragraphs 1 and 2. 2 shall apply mutatis mutandis to the award of credit nowoutworzonemu a trader, a legal person or organizational unit without legal personality, unless it has legal capacity.

5. at the request of the applicant for credit businesses, the bank shall submit, in writing, the explanation made by each credit rating. The fee for drawing up such a clarification should be appropriate to the amount of the loan.

6. the provision of paragraphs 1 and 2. 5 shall apply mutatis mutandis to an entrepreneur seeking a loan.


Article. 71. [Limit exposures] 1. The sum of the claims of the Bank, off-balance-sheet liabilities bank loans and owned by the bank, directly or indirectly, shares or shares in another entity, brought aid to a company with limited liability or contributions or sums of limited partnerships – depending on which of these amounts is greater – in a limited partnership or joint-stock company (engagement), the risk of a single entity or affiliates of capital or organizationally will not exceed the limit of large exposures that is 25% of the own funds of the Bank.

1a. the Commitment of the Bank to another bank in the national credit institution, foreign bank or group of affiliates of capital or organizationally, consisting of at least one of the National Bank, a credit institution or a foreign bank may not exceed 25% of the Bank's own funds or the equivalent of 150 million euros, calculated in dollars, according to the average exchange rate issued by the Polish National Bank, in force on the last day of the reporting period, depending on which of these values is higher, and the sum of the exposures to all related entities belonging to the Group of non-National Bank, a credit institution or a foreign bank may not exceed 25% of the own funds of the Bank.

1B. If the amount of 150 million referred to in paragraph 1. 1A, exceeds 25% of the Bank's own funds, the value of engagement shall not exceed the limit specified by the bank in relation to the Bank's own funds.

1. the Management Board of the Bank, at least once a year, specifies the height of the limit referred to in paragraph 1. 1B, and shall inform the Commission of financial supervision of his height. This limit may not exceed 100% of the own funds of the Bank.

2. (repealed).

3. The provisions of paragraph 1. 1 – 1 c shall not apply to specified by the Commission of financial supervision relating to them safe conduct of banking business and proper risk management in the Bank.

4. The Financial Supervisory Commission will determine by resolution, the detailed rules and conditions to take account of them, taking into account the credit risk mitigation techniques used by banks with the consent of the Financial Supervision Commission to reduce the credit risk associated with these zaangażowaniami when determining compliance with the limits referred to in paragraph 1. 1-1 c.

5. The Financial Supervisory Commission will determine by resolution, the commitment referred to in paragraph 1. 3, the conditions which they must meet, and the commitment, to which it is required to obtain the consent of the Financial Supervision Commission not to apply the provisions of paragraph 1. 1 – 1 c, guided by the need to reflect the actual workload of the own funds of the Bank business risk arising from exposures.

6. the Management Board of the Bank shall immediately notify the Commission of financial supervision each achieving or exceeding the limit referred to in paragraph 1. 1-1 c. The Financial Supervisory Commission may set a time limit to adjust the Bank's activities to this limit. Where the application is the amount of 150 million referred to in paragraph 1. 1A, the Financial Supervisory Commission may authorise the exceeding of the limit referred to in paragraph 1. 1B, above 100% of the own funds of the Bank.

7. Banks, subject to the limits specified in the Act, determine and verify the internal limits on large exposures in accordance with the criteria that take into account the specifics of their business.

8. The Financial Supervisory Commission will determine by resolution, the requirements relating to the identification, monitoring and control of large exposures, including large exposures.

Article. 72. (repealed).

Article. 73. [Bank Consortium] 1. Banks to provide credit may conclude a contract for the formation of the Consortium.

2. The agreement referred to in paragraph 1. 1, banks shall determine the conditions of the loan and its security, and shall designate the bank fast to the conclusion of the credit agreement.

3. the Banks referred to in paragraph 1. 1, bear the risk associated with a given credit in proportion to the amount of funds transferred to the jointly granted the loan.

Article. 74. [disclosure of borrower] at the time of the loan agreement the borrower is required to submit – at the request of the bank – information and documents necessary for the assessment of the financial and economic situation and to control the use and repayment of the loan.

Article. 75. [credit default] 1. In the event of failure by the borrower the loan conditions or in the event of loss of the borrower's creditworthiness, the bank can reduce the amount of such credits or cancel the contract.

2. the period of notice referred to in paragraph 1. 1, unless the Parties shall define in the agreement for a longer term is 30 days, and in the event of a threat of bankruptcy borrowers – 7 days.

3. Termination of the credit agreement due to the loss of the borrower's creditworthiness, or the threat of its bankruptcy may not occur if the bank has agreed to implement by the borrower of the recovery program.

4. the provision of paragraphs 1 and 2. 3 apply the recovery throughout the programme period, unless the bank finds that the recovery program is not adequately implemented.

Article. 75A. [the term loan repayment] 1. As far as credit agreement provides otherwise, the maturity of the loan is a term reserved for the benefit of both parties.

2. where the parties have agreed the term a loan more than a year, the borrower may cancel the contract with the three-month period.

Article. 75b. [limitation of Bank in relation to the conduct of the account to a loan repayment in a currency other than the currency of Poland] 1. [7] the execution of the powers referred to in article 2. paragraph 69. 3, may not involve the incurring by the borrower for the extra costs.

2. the Bank may not make the borrower the powers referred to in article 2. paragraph 69. 3, the introduction of additional restrictions, in particular, may not require the borrower to acquire currency intended to repay the loan instalments, his whole or in part, of a particular entity.

3. To open and operate the account referred to in article 2. paragraph 69. 3, is free of charge in cases where the borrower is a consumer within the meaning of the Act of 23 April 1964 – Civil Code.

4. the provisions of paragraphs 1 and 2. 1-3, art. paragraph 69. 2 paragraph (4a) and paragraphs 1 and 2. 3 shall apply mutatis mutandis to the loan agreements.

Article. 76. [interest rates on loans] borrowing Policy defines the credit agreement, except that in the case of the application of the variable-rate: 1) specified in the credit agreement conditions of changes in the interest rate of the loan;

2) notify in the manner set out in the agreement the borrower, guarantor and, if the contract provides otherwise, other persons who are debtors of the Bank the credit security of any change in the rate of its interest rates.

Article. 76A. [Notification of debtors] the Bank is required to notify, in the manner set out in the agreement, persons who are debtors of the Bank the loan security, if the borrower delays his repayment.

Article. 77. [Commission for the unused bank credit] credit agreement may stipulate that credit placed at the disposal of the borrower and the Bank shall be entitled to charge a separate unused by.

Article. 77A. [order to grant credit to a third party] the Bank may accept an order to grant credit to a third party. The order should be filed in written form under the pain of nullity. In such a case, if the contract provides otherwise, the principal becomes guarantor for debt.

Article. 78. [the loan agreement] cash loans contracts concluded by the bank shall apply mutatis mutandis the provisions concerning the security of repayment and the interest rate of the loan.

Article. 78A [consumer credit agreement] the provisions of the Act shall apply to credit agreements and loan money, contracts entered into by the bank in accordance with the provisions of the Act of 12 May 2011 on consumer credit, in terms of unregulated in this law.

Article. 79. [prohibition of those involved uprzywilejowywania] 1. The Bank cannot apply more favourable conditions, and in particular more favourable interest rates than those applied by the bank for the type of contract in bank accounts and in the award of loans, cash loans, bank guarantees, sureties: 1) or a subsidiary of the parent bodies of the Bank;

2) operators in the same as the bank holding company;

3) subsidiaries and associated with a bank within the meaning of the Act of 29 September 1994 on accounting;

4) to its shareholders or members;

5) persons employed in the Bank, to the members of the Board of Directors and the members of the Supervisory Board;

6) persons employed in the parent entity, the members of the Management Board and members of the Supervisory Board of the parent;

7) entities related capital or organizationally with: a) a shareholder and a member of the, a Board member of the Supervisory Board, b), or a person engaged in management position at the Bank.

2. the Bank shall be in the form of the rules of procedure the conditions for granting loans, cash loans, bank guarantees and suretyship referred to in paragraph 1. 1, and leads them separate records.

Article. 79A. [Grant loan] 1. The granting of a loan, loan, bank guarantee or surety to a member of the Board of directors or of the Supervisory Board of the Bank or the person in charge of management position in the Bank shall be in accordance with the rules adopted by the Board of Directors.


2. the granting of credit, loan, bank guarantee or surety to a member of the Board of directors or a member of the Supervisory Board of the Bank in the amount of total liabilities exceeding 10 000 euro calculated in dollars, according to the average exchange rate announced by the Polish National Bank on the day the loan, loan, bank guarantee or surety, requires the consent of the Management Board and the Supervisory Board resolution resolution of the Bank. These decisions shall be reached without the participation of the interested person, by secret ballot, by a majority of at least 2/3 of the votes in the presence of at least half of the composition of the body.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis to the loan, loan, bank guarantee or surety company linked to capital or organizationally with the Member of the Board or of the Supervisory Board or a person engaged in management position at the Bank.

4. The sum of the loans, cash loans, bank guarantees and suretyship referred to in paragraph 1. 1 and 3, shall not exceed: 1) in the Bank in the form of a public limited liability company and a State Bank – 10% of the total primary funds, 2) co-operatives Bank – 25% of the total primary funds-and their value is determined in accordance with the rules laid down pursuant to article 4. paragraph 71. 4.5. By a person engaged in management position in the Bank means a person employed as a direct member of the Management Board, the Director of the branch and his Deputy and the Chief Accountant.

Article. 79b. [Notification] 1. The Bank shall communicate to the Commission of financial supervision of the loan, loan, bank guarantee or surety to a member of the Board of directors or the Supervisory Board, the person in charge of management position in the Bank, a bank shareholder and a member of the co-operative Bank and the entity linked with them capital or organizationally, where, in a single case, the value of liabilities exceeds the equivalent of 30 000 euros, calculated in dollars, according to the average exchange rate issued by the Polish National Bank on the day the loan , loan, bank guarantee or surety.

2. the provision of paragraphs 1 and 2. 1 shall not apply to script only the holder of shares admitted to trading on a regulated market in the number of empowering to perform no more than 5% of the vote at a general meeting.

Article. 79c [off-balance-sheet Obligations] the provisions of article 4. 79A and 79b also apply to non-bank guarantees and off-balance-sheet commitments guarantees granted to the persons referred to in article 1. paragraph 79. 1, or on their behalf.



Chapter 6 the bank guarantees, endorsements and letters of credit Article. 80. [provision of guarantees and sureties] banks may on behalf of grant and confirm bank guarantees, sureties, as well as open and confirm the letter of credit.

Article. 81. [Bank] 1. Bank guarantee is a unilateral undertaking by the Bank-guarantor of that subject by an entity shall be entitled (beneficiary) to certain conditions of payment, which may be stated as set out in this document to ensure that beneficiary to include established in the specified form of the demand for payment, the bank will provide money to the beneficiary of the guarantee – either directly or through another bank.

2. Provide and confirm a bank guarantee shall be designated in writing on pain of invalidity.

Article. 82. [Transfer of receivables bank guarantee] Transfer of receivables from the bank guarantee may be made along with the transfer of the claims secured by guarantee.

Article. 83. [Reaffirming the commitment of the bank guarantee] 1. The Bank can confirm the commitment of another bank resulting from a bank guarantee; in the event that warranty claims can be addressed to the Bank, that it has provided, or to the Bank, which it confirmed, or to both these banks together, until complete satisfaction of the creditor.

2. the provisions of paragraphs 1 and 2. 1 shall apply mutatis mutandis at the confirmation by the bank the obligations arising out of guarantees issued by another bank.

Article. 84. [the application of the provisions of the civil code] For bank guarantees and sureties granted by the bank shall apply the provisions of the civil code, except that the Bank's commitment is always the obligation of funds.

Article. 85. [documentary letter of credit protection or] 1. The Bank, acting on behalf of the client, but in his own name (the opening bank letter of credit) can commit in writing to a third party (the beneficiary) that will be paid to the beneficiary of a letter of credit established an amount of money, by the beneficiary of all the conditions set out in akredytywie (letter of credit).

2. the letter of credit must in particular contain: the name and address of the payer and the beneficiary, the amount of letters of credit, currency and term of validity of the letters of credit and a description of the documents, after which production of the beneficiary is entitled to claim payment under the letter of credit.

3. the commitment of the Bank opening becomes payable upon the presentation of documents by the beneficiary in accordance with the terms of the letter of credit.

4. the provisions of paragraphs 1 and 2. 1-3 shall apply mutatis mutandis to the letters of credit.

Article. 86. [letter of credit money] 1. The Bank, acting on behalf of the client, but in his own name (the opening bank) may undertake in writing to another bank that will refund the amounts paid to the beneficiary or the beneficiary's drawn cheques focus to the designated bank (cash back).

2. Letter of credit money must in particular contain: the name and address of the person entitled to payment, amount and currency of credit and the term of its validity.

3. opening bank Liabilities become due as soon as the payment is made to the beneficiary on the principles set out in the akredytywie, subject to the presentation of an identity document by the beneficiary.

4. If the akredytywie are widely disseminated by the beneficiary of the payment of monetary conditions other than those referred to in paragraph 1. 3, payment may be made only after the total fulfilment of these conditions.

Article. 86A. [the application of the provisions of the Act]. 82-86 shall apply if the parties do not agree otherwise.

Article. 87. [limitation of claims in respect of a bank guarantee] 1. Claims for bank guarantees, guarantees provided by banks and letters that have become due and payable, shall be barred at the end of 6 years.

2. The limitation period for claims for guarantees and letters of credit starts from the date of submission of the effective demand for payment and during this period, the claim is payable, even though the obligation to which the guarantee or letter of credit was already expired.

Article. 88. (repealed).



Chapter 7 issuance of bank debt securities Art. 89. [Issuing Bank debt securities] 1. Banks may issue Bank Securities on the terms to be made available to the public.

2. the Bank shall inform the Commission of financial supervision of the intended programme of issue of securities for 30 days before the date of broadcast, pointing out the conditions and the value of emissions.

3. (repealed).

Article. 90. [Security Bank] 1. Security Bank is collecting by the banks cash in dollars or in any other freely convertible currency, and contains in its name the words "Security Bank" and its contents include: 1) nominal value;

2) the undertaking of the Bank: (a) calculation of the interest rate fixed according to specified) rate b) payment amount indicated the person entitled, within certain time limits; the person entitled may claim from the Bank before the expiry of the redemption, in so far as the content of the paper provides otherwise;

3) the designation of the holder of the security, if it is a personal paper, or that it is a bearer security;

4) rules for carrying the rights arising from a security;

5) coupon number and date of issue;

6) the signatures of the persons authorised to make statements as regards property rights and obligations of the Bank.

2. The signatures referred to in paragraph 1. 1 point 6, can be played automatically.

3. In the body of the Security Bank, as well as given by the issuer to the public information about the conditions of issue, may not be given a comparison with the conditions of issue of securities of other issuers.

4. Banks may issue securities Bank, do not have the form of a document, which are recorded by the issuing bank deposit these papers, the national depository for securities, S.A., a company of which the national depository for Securities S.A. passed activities from the scope of the tasks referred to in article 1. paragraph 48. 1 section 1 of the Act of 29 July 2005 on trading in financial instruments or investment company.

5. If a bank's security does not have the form of a document, all the data referred to in paragraph 1. 1 should be included in the body of the deposit certificate or other document issued by the bank of the person entitled.

6. the rights of the bank debt securities of a non-document forms are created as soon as you save them for the first time on the bank account of securities and the holder will be entitled to this account.

7. Transfer of rights with Security Bank emitted who forms the following document as soon as the corresponding entry in the bank account of the securities as a result of the conclusion of the agreement. The benefits of bank debt securities obtained prior to entry are the buyer, unless the contract provides otherwise.


8. Bank Securities in the form of zdematerializowanej can also be recorded on the basis of the agreement concluded by the bank with the national Deposit Securities S.A. or the company to whom the national depository for Securities S.A. passed activities from the scope of the tasks referred to in article 1. paragraph 48. 1 section 1 of the Act of 29 July 2005 on trading financial instruments, securities depository which shall be maintained in accordance with the provisions of this Act. In this case, to the formation and rights of the bank debt securities shall apply the provisions of this Act concerning the rights of dematerialised securities.

Article. 91. [the prohibition of financing of the Bank to purchase securities] Bank cannot lend its credit or loan money to buy bank debt securities issued by itself.

Article. 92. [securities Bank] to bank debt securities does not apply the provisions of the Act referred to in article 14(2). 4. paragraphs 1 and 2. 1 point 8.



Chapter 8 specific duties and powers of Article banks. 92a. [the duties and powers of the Bank] 1. The Bank may conclude with the society of mutual funds for creating sekurytyzacyjny Fund or fund securitisation positions: 1) transfer agreement.

2) subpartycypację agreement.

2. the contract referred to in paragraph 1. 1, paragraph 2, may not increase the risk of insolvency or worsen the liquidity of the Bank.

3. the Bank may also move by contract receivables, other than investment funds company creating sekurytyzacyjny Fund or fund securitisation positions, a capital company (issuing entity) to emissions by the entity whose securities are collateral for the securitised receivables.

4. the issuing Entity, for which there has been a transfer of claims may not be related to capital or organizationally with the bank transfer of the claims, and the subject of its activity may be only the acquisition of claims and issuance of securities referred to in paragraph 1. 3, as well as perform actions.

5. (repealed).

6. (repealed).

Article. 92b. [a record of claims] 1. The Bank keeps a record of claims set out in the agreement referred to in article 14(2). paragraph 92a. 1 point 2.

2. The claim referred to in paragraph 1. 1, subject to entry in the register upon which an obligation arising from the agreement referred to in article 1. paragraph 92a. 1 point 2, it became effective.

3. The Financial Supervisory Commission shall determine by resolution, conditions for the pursuit of the register referred to in paragraph 1. 1. 92c. (repealed).

Article. 92d. [the Bank's Claim] the Bank may conclude a credit derivative or a different agreement than mentioned in the article. paragraph 92a. 1 and 3, on the basis of which the transfer of all or part of the risks associated with the receivables of the Bank.

Article. 93. [Securing and deduction claims] 1. In order to secure claims arising from banking operations, the bank may require the security provided for in the Civil Code and almost wekslowym and the practice adopted in the course of domestic and foreign.

2. The Bank may deduct from his claim in debt, whose due date has not yet come, if the person who is the debtor was placed in liquidation, and in all those cases where the Bank is right to download their claims before the payment deadline. Deduction may not be made to the extent that the claim of the bank account was taken as a matter of recovery of tax obligations.

Article. 93A. [Consolidated interest] 1. In a contract concluded with companies forming a holding company within the meaning of the provisions of the tax legislation on income tax of legal entities, represented by the parent company in this group, the bank can determine the amount of the consolidated interest rates for funds in the bank accounts of those companies and granted them loans and cash loans.

2. Consolidated interest rate referred to in paragraph 1. 1, is calculated from the amount which is the difference between the sum of the States on the bank accounts of companies that make up the tax group and the sum of the claims granted the companies loans and advances.

3. unless the agreement referred to in paragraph 1. 1, otherwise, cash collected in bank accounts and loans and financial loans for which referred to has been consolidated, the interest shall not accrue interest.

Article. 94. (repealed).

Article. 95. [legal effect of bank documents] 1. [8] the accounts of banks and drawn up on the basis of statements and other statements signed by the person authorised to make statements as regards property rights and obligations of banks and bear the stamp of the Bank, as well as dues receipt drawn up in this way shall have the legal power to official documents in relation to the rights and obligations of the Bank operations and for bank security and may give rise to entries in the registers.

1a. the legal effect of official documents referred to in paragraph 1. 1 does not apply to the documents referred to in that provision in civil proceedings.

2. the Bank Act or the Act of protecting bank debt found a document referred to in paragraph 1. 1, has a date from the date of this document.

3. the documents referred to in paragraph 1. 1, are the basis for the entry of a mortgage in the land register of the property which is owned by the Bank to the debtor or other person establishing the mortgage to the Bank in order to safeguard the debtor Bank. If the property does not have a land register, security may be made by the submission of these documents to a set of documents.

4. To establish a mortgage referred to in paragraph 1. 3, is required by the property owner of the Declaration of the establishment of a mortgage to the Bank with a written form under the pain of nullity.

5. the provisions of paragraphs 1 and 2. 1-4 shall apply mutatis mutandis to the disclosure in the land register changes the content of a mortgage and the transfer of a mortgage in connection with the sale of the bank debt and to make mortgage entry charged use of perpetual, credit unions the right to ownership and mortgage debt.

Article. 96. [the Bank enforcement] 1. On the basis of the accounts of the banks or other documents related to making banking activities banks can issue enforcement orders Bank.

2. the Bank enforcement title mark the bank that issued it and for which enforcement is to be carried out, the principal debtor to pay, the amount of the debtor's liabilities, together with interest and the terms of their payment, the date of issue of the enforcement of the Bank, as well as the designation of the banking operations, which are the result of the claim asserted, and the mention of the due date of the claim. The Bank shall bear the stamp of the issuing bank enforcement title and signatures of persons authorized to act on behalf of the Bank.

3. in the case of enforcement against a few individuals or with a few components of the debtor's property may be issued for further enforcement orders.

Article. 97. [Execution of bank-based enforcement] 1. Bank enforcement can be the basis for execution carried out under the provisions of the code of civil procedure after giving him the Court of enforceability solely against the person who directly with the Bank to Bank operations or is indebted to the Bank in respect of security for claims arising from Bank banking operations and filed a written statement of the treatment to the execution and if a claim covered by title results directly from the operation of a bank or its security.

2. the Declaration referred to in paragraph 1. 1 should specify the amount of the debt, which the bank may issue bank enforcement, and the date to which the bank may occur for ago title enforceability. The debtor may also be subjected to the execution of the release of things, where the registration of a transfer of ownership or pledge has been established in order to secure the claim.

3. The Bank's proposal for a declaration of enforceability, referred to in paragraph 1. 1, the Court recognizes immediately, but not later than within 3 days from the date of its submission.

Article. 98. [Execution against a third party] 1. Bank enforcement may also be the basis for execution against a third party, when the person will take over the debt resulting from the banking operations referred to in article 14(2). paragraph 97. 1.2. If, after completing the banking activities referred to in article 14(2). paragraph 97. 1, the obligation to comply with the provision passed on other persons as a result of spadkobrania or conversion of a legal person, or when there is a need for the execution of the joint property of the spouses, the basis for the execution of the Executive title may be based on the Bank enforcement title with the courts against the Court by feasibility clause.

Article. 99. (repealed).

Article. 99A. (repealed).

Article. 100. (repealed).

Article. 101. [mortgaging security] 1. The security of the Bank's claims can be made by bank transfer by the debtor or a third party, to the time of repayment of the debt with accrued interest and fees, ownership of movable or securities.

2. in the case when the property was transferred to specific things of the species or collection of things, the debtor or a third party are required to extract and determine the thing or set of things and, if the contract provides otherwise-keep records of changes in the scope of the subject przewłaszczenia.


Article. 102. [transfer of the amount of the Bank's property] 1. In order to safeguard the Bank's receivables, the debtor or a third party may move a certain amount in gold or in any other freely convertible currency on the property of the Bank. The Bank shall be obliged to reimburse this amount after the repayment of the debt with accrued interest and fees.

2. the Bank is under no obligation to return part of the amount of the accepted ownership of the outstanding debt sum, equal to the to the Bank, interest and commissions and other costs incurred by the bank in connection with the recovery.

3. The Bank may withdraw the debtor or the third party referred to in paragraph 1. 1, the remuneration for the period of use of the acquired business.

Article. 103. (repealed).

Article. 104. [bank secrecy] 1. The Bank, a person employed in it and the person for whom the intermediary bank performs the actions, shall maintain bank secrecy, which shall include all information concerning the Bank Act, obtained during the negotiations, in the course of concluding the contract and on the basis of which the bank carries out this operation.

2. the obligation referred to in paragraph 1. 1, does not apply in cases where: 1) without disclosure of information covered by banking secrecy – because of the essence and nature of the activities of banking or the rules-it is not possible to the proper performance of the contract, on the basis of which this action is carried out or for sound bank follow the steps in connection with the conclusion and implementation of this agreement;

2) followed by disclosure of the information covered by banking secrecy to businesses or foreign entrepreneurs: a) which the bank, in accordance with article 4. 6a paragraph 2. 1. 6B-6 d, entrusted the exercise, continuously or periodically, activities related to banking activities, b) entrusted with the exercise of activities in accordance with article 4. 6a paragraph 2. 7-to the extent necessary for the proper implementation of those activities;

3) followed by the banking secrecy information lawyers or legal radcom in connection with the provision of legal aid by them on behalf of the Bank;

4) for information covered by banking secrecy is necessary for the conclusion and performance of contracts of sale of receivables classified in accordance with separate provisions for category lost;

5) for information on banking secrecy is necessary for the conclusion and implementation of contracts referred to in article 1. paragraph 92a. 1, and the related contracts: a) for investment evaluation (rating) sekurytyzowanym claims, b) risk of insolvency insurance debtors securitised debts;

6) for information covered by banking secrecy is necessary for the conclusion and implementation of contracts referred to in article 1. paragraph 92a. 3. 92d, and related agreements on: (a)) to give investment ratings (rating) sekurytyzowanym claims, b) support for securitised receivables, c) Organization and conduct of the issue of the securities, d) insurance against risk of insolvency of debtors securitised debts;

7) provide information to other banks, credit institutions or financial institutions belonging to the same financial holding company is necessary for the proper implementation, referred to in the provisions of the law of obligations in the field of money laundering and the financing of terrorism;

8) disclosure of the information covered by banking secrecy is necessary for the performance of contracts with a reverse mortgage, in accordance with the provisions of the Act of 23 October 2014 inverted mortgage credit (OJ poz. 1585).

3. The Bank shall not apply, subject to the provisions of paragraph 2. 4, the behavior of banking secrecy to the person to whom the information secret. To a third party, such information may be disclosed, subject to article 22. 105, 106a and 106b, only if the person to whom the information relates, in writing authorize the bank to pass on certain information indicated by each person, or organizational unit.

4. the Bank, a person employed in it and the person for whom the intermediary bank performs the actions, shall keep in secret information concerning the provision of Police information on the principles referred to in article 1. 20 paragraph 1. 4-10 of the Act of 6 April 1990 on the police (Journal of laws of 2011 No 287, poz. 1687, as amended) and of the notice referred to in article 2. 20 paragraph 1. 13 of this Act. Secrecy applies to the parties to the contract, other persons whose information and third parties.

5. Entities and persons employed in them, which, in accordance with the provision of paragraph 1. 2, points 1, 2 and 4-6, have been or disclosure of information covered by banking secrecy, may use this information for the sole purpose of the conclusion and performance of contracts referred to in paragraph 1. 2, points 1, 2 and 4-6.

6. the provision of paragraphs 1 and 2. 5 shall apply mutatis mutandis to the lawyers and legal advisers, which have been information of the kind covered by the banking secrecy in connection with the provision of legal aid by them for the benefit of the Bank.

Article. 105. [provision of information covered by banking secrecy] 1. The Bank has the obligation to provide information constituting bank secrecy only: 1) other banks and credit institutions, in so far as this information is necessary in connection with the performance of banking activities, and the acquisition and difficulty in disposing of claims;

1A) on the basis of reciprocity-the other institutions statutorily empowered to lend – disclosure and the revs and the bank accounts in so far as this information is necessary in connection with the granting of loans, cash loans, bank guarantees and sureties;

1B) other banks, credit institutions or financial institutions, to the extent necessary to: (a) the existing provisions concerning them exercise) supervision on a consolidated basis, including, in particular, for the preparation of consolidated financial statements, including also the bank risk management, b), c) large exposures the use of statistical methods referred to in article 2. 128d paragraph 1. 1 and 6;

1 c) the institutions referred to in paragraph 1. 4, to the extent necessary for the application of statistical methods referred to in article 2. 128d paragraph 1. 1 and 6;

2) at the request of the Financial Supervision Commission: a) to the extent of supervision on the basis of this Act and of the Act of 21 July 2006 for the supervision of the financial market, the staff of the Office of the Commission of financial supervision in the area referred to in article 2. paragraph 139. 1, paragraph 2, and the persons authorized by resolution of the Commission of financial supervision within the range specified in the authorization, (b)) the Court or the public prosecutor in connection with the ongoing investigation of a crime or offence against the physical person-the Government is a party to the contract concluded with the Bank, in terms of information about this person is committed in connection with the operation of the legal person or organizational unit without legal personality, in terms of information about this legal person or organizational unit , c) the Court or the public prosecutor in relation to the making of an application for legal aid from foreign States which, under ratified international agreements binding on the Republic of Poland shall have the right to request for information covered by banking secrecy, d) of the Court in connection with inheritance proceedings run or a division of property between spouses or carried out against a natural person that is a party to the contract due for maintenance or a pension of a maintenance , e) Inspector of tax Control in connection with the ongoing criminal or finance criminal case-against a natural person that is a party to the contract concluded with the Bank, is a matter for the criminal offence of fiscal criminal or in respect of the activities of the legal person or organizational unit without legal personality, which is the holder of the account, (f)) of the President of the Supreme Chamber of control, to the extent necessary to carry out the control procedure specified in the law of 23 December 1994 on the Supreme Chamber of control (OJ of 2012 item 82) , g) (repealed), Bank Guarantee Fund) within the scope defined by the law of 14 December 1994 on the bank guarantee fund, and of the authorised auditor) for the examination of the financial statements of the Bank on the basis of the concluded contract with the Bank, j) (repealed), k) of the internal security agency, the Military Counterintelligence, intelligence agencies, military intelligence, the Central Anti-corruption, police, military police, border guards, prison officers, Government Protection Bureau and their holding of an authorisation in writing of the officers or soldiers to the extent necessary for the conduct of the screening on the basis of the provisions of for the protection of classified information, l) the police, if it is necessary for the effective prevention of crimes, their detection or determine the perpetrators and obtain evidence, on the basis of and as defined in article 3. 20 of the Act of 6 April 1990 on the police, 3) the bailiff to the extent necessary for the proper conduct of the proceedings and security enforcement do other tasks arising from its statutory tasks, m) publishers payment instruments which are not banks, within the scope defined by the law of 19 August 2011, payment services, n) of the Inspector General for the protection of personal data to the extent necessary to carry out the statutory tasks referred to in article 1. 12 and 14 of the Act of 29 August 1997 on the protection of personal data (Journal of laws of 2002, No 101, item 926, as amended), o) Coordinator in connection with follow-up surveillance by him over the financial conglomerate within the meaning of the law on the supplementary supervision, p) the head of the Central Office of the anti-corruption legislation and, in the manner and on the terms referred to in article 1. 23 of the Act of 9 June 2006 on the Central Office Antykorupcyjnym (OJ of 2012. poz. 621, 627 and 664)


q) competent authority, if it is necessary for the performance by that authority of supervision on a consolidated basis over the Bank, and if the competent authority of the Board of directors from outside the Member State, if financial supervisory Commission has concluded, with the agreement of the authority referred to in article 2. 141f paragraph 1. 3, r) the President of the Office of competition and consumer protection in the scope defined by the law of 30 April 2004, the proceedings in matters relating to public aid (OJ 2007 No. 59, item 404, as amended), s) the Prosecutor, the police and other bodies empowered to conduct preparatory proceedings in cases of crime or investigating cases of wrongdoing, referred to in article 4. paragraph 78. 4 of the Act of 20 June 1997-the law on road traffic (OJ of 2012. poz. 1137) t) Customs authority on the basis of and as defined in article 3. 75 of the law of 27 August 2009 of the Customs Service (Journal of laws No. 168, poz. 1323, as amended), u) the entity referred to in article 2. 26l paragraph 1. 1 section 1 of the Act of 14 December 1994 on the bank guarantee fund to the extent necessary to ensure the proper implementation of the withdrawals are guaranteed, v) administrative enforcement authority and the central liaison office referred to in article 2. 9 of the Act of October 11, 2013, on mutual assistance in the investigation of taxes, customs duties and other charges (OJ poz. 1289), in the exercise of their statutory tasks;

3) Polish National Bank, in connection with the performance of the checks and the collection of data necessary for the compilation of balance of payments and international investment position, as well as other banks entitled to mediation in by residents of remittances abroad and clearing in the country with non-residents, to the extent specified in the Act of 27 July 2002-Exchange Law (Dz. u. of 2012. poz. 826).

2. the scope of and rules for the provision of information by the banks to the tax authorities, the Inspector General of financial information, the tax inspection authorities and the escrow agent and his Deputy within the meaning of the provisions of the Act of 29 August 1997 on mortgage and mortgage banks (Journal of laws of 2003 No. 99, poz. 919, as amended), is governed by a separate law.

2A. Banks, at the written request of the establishment of social security, are required to draw up and transmit information about the bank account numbers of payers of contributions and the transfer of data to identify the holders of these accounts.

2B. Banks, at the written request of the paying authority benefited from social security or pension supply or emoluments of idle, are required for the preparation and submission of data to enable identification of the współposiadacza (współposiadaczy) a joint account for which they were communicated to the benefits or emoluments for the period after the death of the recipient has.

3. Banks, other institutions statutorily empowered to grant loans, State bodies and persons to whom disclosure of messages constituting bank secrecy, are required to use these messages only within the limits of the authorisation referred to in paragraph 1. 1.4. Banks may, in conjunction with the economic institutions, to create the boards of banks authorized to the collection, processing and sharing: 1) with the banks-information constituting bank secrecy to the extent that this information is needed in connection with the performance of banking operations and in connection with the application of statistical methods referred to in article 1. paragraph 128. 3 and in article 3. 128d paragraph 1. 1;

2) other institutions statutorily empowered to lend-information constituting bank secrecy in so far as this information is necessary in connection with the granting of loans, cash loans, bank guarantees and sureties;

3) credit institutions-information constituting bank secrecy to the extent necessary for the evaluation of the creditworthiness of the consumer, as referred to in article 1. 9 of the Act of 12 May 2011 about consumer credit.

4A. the institutions established on the basis of paragraph 1. 4 may, subject to the provisions of paragraph 2. 4a1, 4a2 and economic information agencies operating on the basis of the Act of April 9, 2010 for the provision of information and data exchange (OJ No 81, poz. 530, as amended) the data by means of tele.

4a1. Sharing data on the basis of paragraph 1. 4A may occur, if the creditor who obtained the data for access authorisation in writing of the person to whom the data relate. The authorization specifies the scope of data to be made available.

4a2. sharing data specifies the agreement for cooperation between the institution established on the basis of paragraph 1. 4. (a) the Office of the business information. The contract contains a model of the authorisation referred to in paragraph 1. 4a1.4b. Banks can share offices referred to in paragraph 1. 4A, commitments arising from contracts related to carrying out banking operations if these agreements contain clauses about the possible transfer of the data to these offices.

4 c. clauses referred to in paragraph 1. 4B, contain information about the conditions under which banks shall transmit the data referred to in article 1. 14 paragraph 1. 1. 15. 1 of the Act, referred to in paragraph 1. 4A. 4 d. The institutions, created in accordance with paragraph 1. 4, can provide to financial institutions, subsidiaries of the banks, information about obligations arising from contracts relating to the implementation of banking activities, if these agreements contain clauses about the possible transfer of the data to those financial institutions.

5. Does the Bank take responsibility for damages resulting from the disclosure of banking secrecy and the use of it in accordance with its intended purpose.

6. the Bank shall not be liable for damage resulting from the disclosure of banking secrecy by persons and institutions authorized by law to request information from banks which are bank secrecy.

Article. 105a. [processing of information constituting bank secrecy] 1. Processing by the banks, other institutions statutorily empowered to lend and the institutions established on the basis of article. paragraph 105. 4 information constituting bank secrecy as regards natural persons can be exercised, subject to article 22. 104. 105. 106-106 c, in order to assess the creditworthiness and credit risk analysis.

2. the institutions referred to in paragraph 1. 1, may, subject to the provisions of paragraph 2. 3, process information constituting bank secrecy as regards the individuals after the termination of the obligation arising from the contract concluded with the Bank or other institution authorized by law to grant loans, subject to the written consent of the person to whom the information relates. This consent may be revoked at any time.

3. the institutions referred to in paragraph 1. 1 may process information constituting bank secrecy for the individuals after the termination of the obligation arising from the contract concluded with the Bank or other institution authorized by law to lend without the consent of the person to whom the information relates, if the person has not performed the obligation or has a delay of more than 60 days to meet the benefits resulting from the agreement concluded with the Bank or other institution authorized by law to lend and after the occurrence of these circumstances at least 30 days have elapsed from the notification to the person concerned by a bank or other institution authorized by law to lend his intention to the processing of information concerning bank secrecy, without her consent.

4. Banks and institutions referred to in article 1. paragraph 105. 4 may process information constituting bank secrecy for the individuals after the termination of the obligation arising from the contract concluded with the Bank or other institution authorized by law to lend without the consent of the person to whom the information relates, for the purpose of applying statistical methods referred to in article 1. paragraph 128. 3. Processing of information constituting bank secrecy in cases referred to in paragraph 1. 3, can be exercised for a period of not more than five years from the date of expiry of the undertaking and, in the case referred to in paragraph 1. 4, for a period of 12 years from the date of expiry of the undertaking.

6. scope of processed information referred to in paragraph 1. 3 and 4 may include data relating to a natural person or data relating to the undertaking.

7. The proper Minister of financial institutions, after consulting the competent supervisors, shall determine, by regulation, the specific scope of the processed information referred to in paragraph 1. 6, and remove them, having regard to the adequate protection of the rights of persons, the information shall relate, and the need to ensure the safety of funds in banks and other institutions statutorily empowered to lend.

Article. 106. [Preventing the use of the Bank's activities for the purpose of having a relationship with a crime] 1. The Bank is required to prevent the use of their activities for the purpose of having a relationship with a crime referred to in article 2. 165a or article. 299 of the Act of 6 June 1997, the Penal Code (Journal of laws No. 88, item 553, with further amendments), hereinafter referred to as the "Criminal Code".

2. The procedures of the Bank in the event of the circumstances referred to in paragraph 1. 1 Specifies a separate statute.

3. (repealed).

4. (repealed).

5. (repealed).

Article. 106A. [notice] 1. In the event of a justified suspicion that the activities of the Bank is used to conceal criminal activity or for the purpose of having a relationship with a tax offence or any other offence than the criminal offence referred to in article 2. 165a or article. 299 of the criminal code – the bank shall inform the public prosecutor, the police or other competent authority shall be entitled to conduct preparatory proceedings.


2. The Prosecutor, the police or other competent authority shall be entitled to conduct the investigation, which has received the notification referred to in paragraph 1. 1, may require information, in the course of the activities undertaken on the basis of article. 307 of the Act of 6 June 1997-the code of criminal procedure (Journal of laws No. 89, item 555, as amended).

3. in the case of violations of the justified suspicion that accumulated in the bank account funds, in whole or in part, come from or are connected with a crime other than the crime referred to in article 2. 165a or article. 299 of the criminal code, the bank is entitled to lock funds to that account. The lock can be only up to the amount accumulated in an account of the measures for which there is such suspicion.

4. Lock the funds on the account, in the circumstances referred to in paragraph 1. 3, cannot last more than 72 hours.

5. immediately after the lockout, referred to in paragraph 1. 3, the bank shall inform the Prosecutor.

6. Within the time limit referred to in paragraph 1. 4, the Prosecutor seems to initiate the order or refusal to initiate proceedings, which shall immediately inform the competent bank. The period referred to in article. 307 § 1 of the code of criminal procedure shall not apply. In the event of the opening of proceedings the Prosecutor by way of provisions shall be made for measures to account lockout time marked, no longer than 3 months from the receipt of the notification referred to in paragraph 1. 5. order specifies the scope, method and date of the account lockout.

7. The order of the public prosecutor in relation to the application of the blockade measures on the Bill shall be entitled to appeal to the competent court to hear the case.

8. Lock the funds on the account falls, if before the expiry of 3 months from the receipt of the notification referred to in paragraph 1. 5, will not be issued a freezing order property.

9. On issues related to the blockade measures on the Bill, unregulated by law, shall apply the provisions of the code of criminal procedure.

10. the Bank shall not be liable for damage, which may arise from the implementation in good faith of the obligations referred to in paragraph 1. 3-5. In such a case, if the circumstances referred to in paragraph 1. 3-5, had no connection with crime or hiding criminal activities referred to in paragraph 1. 1, the liability for damages occasioned by to lock resources on the account shall be borne by the Treasury.

11. the Bank shall lock measures on bank account, in its entirety, also at the request of account lockout, as referred to in article 1. paragraph 1, 75e. 1 of the law of 27 August 2009 for the customs service. The provision of paragraph 1. 10 shall apply mutatis mutandis.

Article. 106b [Request] 1. Except in the cases referred to in article 3. 105. 106A, the Prosecutor leading the investigation of a crime or an offence may require the Treasury Bank, employees in the Bank and people, through which the bank performs the actions, provision of information constituting bank secrecy only on the basis of the provisions of the issued at his request by the District Court jurisdiction.

2. the application referred to in paragraph 1. 1 should include: 1) number or signature;

2) a description of the offence, together with the legal qualification, which relates to the investigation;

3) the circumstances justifying the need to share the information;

4) an indication of the person or entity to which they relate;

5) entity obliged to share information and data;

6) the nature and extent of the information.

3. Following examination of an application, the Court, by means of provisions, consent to the sharing of information, specifying their nature and scope, the person or entity concerned and the entity required to make them, or refuses to grant consent to the sharing of information.

4. on the order of the Court referred to in paragraph 1. 3, is entitled to appeal to the Prosecutor requesting the release of provisions.

5. Authorised by a Court Prosecutor in writing inform the operator shall be obliged to provide information about the content of the order of the Court, person or body, which will include information on the nature and extent of this information.

Article. 106 c. [request for information] the Prosecutor leading the investigation, in the cases referred to in article 1. paragraph 105. 1 point 2 (a). (b) and (c) may, on the basis of the provisions of the issued at his request by the District Court of jurisdiction-request information constituting bank secrecy from the players, which the bank revealed information constituting bank secrecy. The provisions of article 4. 106b paragraph 1. 2 to 5 shall apply mutatis mutandis.

Article. 106 d [cases of processing and information sharing covered by bank secrecy] banks, other institutions statutorily empowered to lend and the institutions set up under article 5. paragraph 105. 4 may process and share information with banking secrecy in cases: 1) the legitimate suspicion, referred to in article 1. 3 CROMAC place, paragraph 1. 3.

2) criminality affecting banks, credit institutions and financial institutions and their customers in order to and to the extent necessary to prevent such crimes.

Article. 107. [the responsibility of Bank staff] an employee of the Bank, which is contrary to their obligations not to notify them of the circumstances listed in article 1. paragraph 106. 1, responsibility does not exclude criminal responsibility, every ordinal, if action fills the stigmas.

Article. 108. [liability for damage], the Bank shall not be liable for damage, which may arise from the implementation in good faith of the obligations referred to in article 1. paragraph 106. 1. In this case, if the circumstances referred to in article 1. paragraph 106. 1, had no connection with crime or hiding criminal activities, liable for damage resulting from the suspension of banking operations shall be borne by the Treasury.

Article. 109. [General conditions and regulations] 1. The Bank for your business may seem like a general terms of contracts or the rules determining: 1) the conditions for opening and conducting of bank accounts;

2) types of credit granted and the terms and conditions of credit agreements and loan agreements;

3) sharing conditions safes;

4) conditions for the exercise of other service activities of the Bank.

2. the provisions of the General conditions of the contracts and the regulations referred to in paragraph 1. 1, are binding on the parties, unless the parties to the contract agree otherwise in their rights and duties.

Article. 110. [fees and charges] Bank may charge fees and charges provided for in the agreement in respect of acts performed by them and the fees for other activities, including fees for the preparation, drafting and transmission of information constituting bank secrecy entitled by law to the persons, bodies and institutions, with the exception of cases where the communication takes place on the request: 1) the Court or the Prosecutor in the course of criminal proceedings or proceedings in the case of tax offense;

2) Procurator in matters relating to the use of the activities of the banks for purposes in connection with a crime referred to in article 2. 299 of the criminal code;

3) persons authorized by a resolution of the Financial Supervisory Commission and the banking supervisor;

4) Inspector General fiscal control, the Director of the Office of tax control and head of the tax office in the field regulated in separate laws.

5) Establishment of social security on matters relating to the numbers of bank accounts paying premiums and data to identify the holders of those accounts;

6 Internal Security Agency), the Military Counterintelligence, intelligence agencies, military intelligence, the Central Anti-corruption, police, military police, border guards, prison officers, Government Protection Bureau in connection with the investigations carried out on the basis of proofing for the protection of classified information;

7) the Prosecutor, the police and other bodies empowered to conduct preparatory proceedings in cases of crime or investigating cases of misconduct, the information provided for the purposes of these proceedings;

8) Customs Authority issued in connection with the ongoing investigation of tax offence.

Article. 111. [the announcement made by the bank] 1. The Bank is obliged to publish the site actions in a way that is generally available: 1) applied rate funds to bank accounts, loans and advances;

2) Commission rate and the amount of fees charged;

3) deadlines for capitalization of interest;

4) the exchange rates used;

5) balance with the opinion of the auditor for the period under examination;

6) the composition of the Management Board and the Supervisory Board of the Bank;

7) (repealed);

8) the names of the persons authorized to enter into commitments on behalf of the Bank or an organizational unit of the Bank;

9) (repealed).

2. Cooperative Banks are required in addition to the information referred to in paragraph 1. 1, also its area and a community bank.

Article. 111A. [information about capital adequacy] 1. The Bank shall be obliged, subject to the provisions of paragraph 2. 2 post in a way that is generally available: 1) qualitative and quantitative information on capital adequacy;

2) rules for determining the remuneration of persons engaged in management positions in the Bank.

2. the obligation referred to in paragraph 1. 1, shall not apply to: 1) information whose omission or distortion can not change the assessment or decision of a person using such information when making decisions, or affect this assessment or decision (negligible);

2) information whose disclosure is likely to have an adverse effect on the Bank's position on the relevant market within the meaning of competition and consumer protection laws;

3) secret information protected legally.

3. In the case referred to in paragraph 1. 2, points 2 and 3, the bank gives the reasons for the withdrawal of the notification information and disclose general data for this scope, unless it is information referred to in paragraph 1. 2, points 2 and 3.


4. The Financial Supervisory Commission will determine by resolution, the detailed rules and the way the publication of the information referred to in paragraph 1. 1 and 3, and the scope of the information subject to publication.

Article. 111B. [obligation to publish information about the entrepreneurs] 1. The Bank is obliged to announce in a generally available information about companies or foreign companies, referred to in article 1. 6a paragraph 2. 1 and 7, in so far as the implementation of an organizational unit to the Bank or other trader or foreign entrepreneur activities referred to in those provisions, are granted access to protected information bank secrecy.

2. the information referred to in paragraph 1. 1, the bank is obliged to also make available free of charge, at the request of the person concerned, in place of the actions referred to in article 1. paragraph 111. 1. 112. [competent court for disputes between banks and the NBP] disputes arising from the relationship between the National Polish Bank and other banks on the background: 1) reserve 2) interbank settlements, 3) securities-recognize Provincial Court [9]-the commercial court.

Article. 112A. (repealed).

Article. 112b. [information] banks may process for the purposes of the business of banking, information that is contained in the documents of the identity of individuals.



Chapter 9 of the Ped, mergers and the breakdown of Article banks. 113. (repealed).

Article. 114. (repealed).

Article. 115. (repealed).

Article. 116. (repealed).

Article. 117. (repealed).

Article. 118. (repealed).

Article. 119. (repealed).

Article. 120. (repealed).

Article. 121. [Chambers of Commerce Bank] 1. Banks can bring together like Chambers of Commerce Bank.

2. for the economic provisions of the Act apply to the boards of Bank of 30 May 1989 on economic Chambers (OJ of 2009 No. 84, item 710).

Article. 122. [Association of banks] 1. Banks may, on the basis of an agreement to bring together with other banks.

2. rights and obligations of the participants of the Association specifies the agreement.

3. the creation of the Association shall be subject to notification to the Commission of financial supervision, which shall be notified to the Association Agreement as well.

Article. 123. [the Council of the Association] 1. The Presidents of the boards of banks formed the Council of the Association.

2. The scope and mode of operation of the Council of affiliated banks and carry out its resolutions specifies the agreement.

Article. 124. [linking banks] 1. The Bank may merge only with another bank or credit institution, after authorization by the Financial Supervision Commission.

2. The Financial Supervisory Commission refuses to issue a permit referred to in paragraph 1. 1 if the combination would lead to infringements of the provisions of the law, the interests of bank customers involved in or would jeopardize the safety of the funds collected in the Bank.

3. where the national bank is the poignant connection can be made only by the transfer of the entire assets of the Bank to be acquired or being acquired by a credit institution on the bank of the transferee, for shares or shares that the bank seems to be acquired Bank shareholders or members of the transferee or the credit institution being acquired. Shares or share does not appear in the case referred to in article 1. 514 of the code of commercial companies.

Article. 124a. [the acquisition of the company by the bank the Bank] Acquisition of the banking undertaking or its part by the organised the bank requires the authorisation of the financial supervision Commission.

Article. 124b [Division of Niepodleganie] co-operative Banks shall not be subject to any revenue sharing, referred to in the provisions of part I of title I, chapter XI of the Act-Cooperative Law.

Article. 124c [a division of the Bank in the form of a public limited liability company] 1. Banks in the form of a public limited-liability company shall be subject to any revenue sharing only as specified in article 4. 529 § 1 section 4 of the code of commercial companies, provided that the transfer of part of the assets of the Bank will be split into a joint-stock company which is a National Bank or a credit institution.

2. The Division of the Bank referred to in paragraph 1. 1, requires the authorisation of the financial supervision Commission. The Financial Supervisory Commission refuses to consent, if the Division could prove to be detrimental for a prudent and stable management of the shared Bank or banks, which is the Bank's assets, or if the shared partition can cause serious damage to the national economy or the important interests of the State.

Article. 125. (repealed).



Chapter 10 the own funds, capital and financial economy Article banks. 126. [the size of the own funds] in order to ensure economic security, banks are required to hold own funds, adapted to the size of the business.

Article. 127. [the Bank's own Funds] 1. The own funds of the Bank include: 1) the basic funds of the Bank;

2 counterpart funds in the amount of Bank) nieprzewyższającej the original own funds of the Bank;

3) (repealed).

2. the basic Funds of the Bank include: 1) essential funds of the Bank, which are: (a) the National Bank) is a statutory fund, the Reserve Fund and the reserve fund, and (b)) in the Bank in the form of a public limited liability company-paid and registered share capital and share premium account and reserves, with the exception of any obligations in respect of the preference shares, c) co-operatives Bank-paid share Fund and zasobowy Fund and reserve fund the Branch Office of a foreign bank, d)-funds defined in terms of the branch;

2) additional items which constitute original own funds: the General Fund) risk on unidentified banking risk, b) raw profit from previous years, c) return when approving and the net profit of the current reporting period, calculated in accordance with the rules of accounting, less any predicted load and dividends in amounts no greater than the profit figures verified by the Auditors, (d)) balance sheet of the Bank referred to by the Commission of financial supervision;

3) positions against the funds, which are: (a)) own shares held by the bank, valued at carrying amount, less any write-downs due to permanent loss of their values, b) intangible fixed assets valued at carrying c) loss from previous years, d) loss when approving, e) net loss for the current period, f) other deductions from the original own funds of the Bank, as determined by the Financial Supervisory Commission.

3. the counterpart funds of the Bank include: 1) capital (Fund) from revaluation of property, plant and equipment is created on the basis of separate regulations;

2) with the consent of the financial supervision Commission: a) the additional amount of liability of the members of the Cooperative Bank, in part determined by the Financial Supervisory Commission, not more than half of the amount referred to in article 1. 10 paragraph 1. 2 of the law on the functioning of the cooperative banks, their associations and associations banks, b) subordinated liabilities, shall be construed as acceptance of obligations by the bank – in the amount and on the terms laid down in the decision of the Financial Supervisory Commission, at the request of the Bank, pomniejszanej at the end of each year for the past 5 years of the agreement, about 20% of that amount, except that in State Bank, a bank in the form of a public limited liability company and a foreign bank branch, this amount may not exceed half of the original own funds and the co-operatives Bank the sum of that amount and additional amount of liability of the members referred to in paragraph (a). and may not exceed half of the original own funds of the Bank-cash meeting in accordance with the agreement, including the following conditions:-cash accepted for a period of at least 5 years (the period of the contract), the cash may not be withdrawn from the Bank before the end of the period of the agreement, subject to the provisions of paragraph 2. 4-cash refundable in the last order in the event of the bankruptcy of the Bank or its liquidation, cash refund is not secured by the bank, directly or indirectly, (c)) the funds created from its own resources or, on condition that:-the bank may freely use them to cover their risk of an unidentified amount has been calculated in accordance with the applicable accounting principles, determined by the Board of Directors of the Bank and verified by the Auditors of the , d) liability for securities of indeterminate duration and other instruments of similar maturity, provided that:-they are not repaid at the initiative of a creditor without the prior consent of the Financial Supervision Commission, the agreement grants the Bank the option of deferring the payment of interest on these items, in the event of the bankruptcy of a bank or its liquidation measures taken will be refunded at the last order-conditions of the emission of provide coverage loss the amount of the debt, along with unpaid interest resulting from these positions;

3) other items specified by the financial supervision Commission to conduct banking activities safe and proper risk management in the Bank;

4) deductions from supplementary funds, referred to by the Commission of financial supervision.

4. at the request of the Bank Financial Supervisory Commission may agree on an earlier repayment of funds referred to in paragraph 1. 3, point 2 (a). (b), provided that the requirement referred to in article 2. paragraph 128. 1.5. The Financial Supervisory Commission: 1) shall determine, by way of resolution, for determining the amount and terms of the Bank's own funds, an additional amount of liability portion of the cooperative members of the Cooperative Bank, referred to in paragraph 1. 3, point 2 (a). (a);

1A) (repealed);

2) may determine by resolution: (a)) other balance sheet items of the Bank referred to in paragraph 1. 2 paragraph 2 (a). (d) the amount, scope and conditions for assigning to the original own funds of the Bank, (b)), the scope of and conditions for reducing the original own funds of the Bank about the items referred to in paragraph 1. 2, paragraph 3 (b). (a) to (e),


(c) the reduction in the basic funds), referred to in paragraph 1. 2, paragraph 3 (b). (f), their height, scope and conditions for the deduction of basic funds of the Bank, d) other balance sheet items of the Bank referred to in paragraph 1. 3 paragraph 3, the amount, scope and conditions for assigning additional funds of the Bank, e) deductions from supplementary funds, referred to in paragraph 1. 3, paragraph 4, the amount, scope and conditions for the deduction of not supporting funds of the Bank.

6. at the request of the remitting bank program to reorganisation proceedings or the transferee Bank bank threatened with bankruptcy or winding-up, the Financial Supervisory Commission may authorize the absence of fundamental or complementary funds pomniejszeniach, for the purposes of determining the limits referred to in article 1. paragraph 71. 1 – 1 c, part or all of the capital commitment of the Bank in financial institutions, credit institutions, banks, insurance and reinsurance, expressed in the form: 1) owned the shares;

2) amounts in subordinated liabilities;

3) other capital involvement in the ingredients included in the own funds or capital for these actors, including aid for the benefit of limited liability companies, according to the carrying amount.

7. the Reckoning or reduction referred to in paragraph 1. 5 (1) and (2) may require the consent of the Financial Supervision Commission. The requirement to obtain the consent of the Commission shall determine the resolution referred to in paragraph 1. 5 (1) and (2).

Article. 128. [solvency ratio] 1. The Bank is required to maintain: 1) the own funds of not less than the equivalent in pounds the amount referred to in article 32 paragraph 1. 1, (a) in the case of cooperative banks that are members of the Association, referred to in article 1. 32 paragraph 1. 2, taking into account article 9. 172 paragraph 1. 3, converted by the average exchange rate issued by the Polish National Bank, in force on the date of the reporting period, except that the non-monetary contributions may not exceed 15% of the basic funds of the Bank;

2) sum of the own funds and the additional items in the balance sheet of the Bank referred to by the Commission of financial supervision at the level of not less than the higher of the following values: a) the sum of the capital requirements for the different types of risk and capital requirements in respect of limits and other violations of the standards referred to in the Act, b) as estimated by the bank, the amount necessary to cover all identified relevant risks occurring in the Bank's activities and changes in the economic environment , taking into account the expected level of risk (equity);

3) the solvency ratio at a level of at least 8%, and the bank commencing operations at the level of at least 15% for the first 12 months of activity, and for the next 12 months of activity is at least 12%.

2. the Bank shall carry out regular reviews of the process of assessing and maintaining internal equity in order to ensure that this process is comprehensive and appropriate to the nature, scale and complexity of the Bank's activities.

3. With the consent of the Financial Supervision Commission, the bank may apply statistical methods to the calculation of capital requirements.

4. the Bank, for the purpose of calculating capital requirements, may, on the conditions and in the manner set out in the resolution of the Financial Supervision Commission, referred to in paragraph 1. 6 paragraph 5, use the credit worthiness ratings broadcast by: 1) external credit worthiness assessment bodies referred to in the resolution of the Financial Supervision Commission, referred to in paragraph 1. 6 point 6;

2) export credit agencies.

5. external credit rating institutions, Banks and export credit agencies, which reviews benefit banks, are required to provide the financial supervision Commission information necessary for the verification of the fulfilment of the conditions of use of these assessments.

6. The Financial Supervisory Commission will determine by resolution: 1) additional items of the balance sheet of the Bank referred to in paragraph 1. 1, paragraph 2, and the extent, manner and conditions of the designation;

2) the specific terms and internal capital assessment and review by the bank referred to in paragraph 1. 2;

3) the scope of and detailed rules for determining the capital requirements, including the scope of and conditions for the use of the methods referred to in paragraph 1. 3, and the information provided by the bank to the applications for the issue of consent, referred to in paragraph 1. 3 and in article 3. 128d paragraph 1. 1;

4) way and the detailed rules for the calculation of the solvency of the Bank;

5) conditions and how you can use the credit worthiness ratings broadcast by external credit rating institutions and export credit agencies, rules for link credit worthiness ratings broadcast by external credit rating institutions with degrees of credit quality and conditions change such links and terms of use of the bank's credit worthiness ratings broadcast by export credit agencies in order to determine the capital requirements;

6) credit rating assigned by external credit rating institutions, with which the bank can use to determine the capital requirements and the scope of the use of these assessments and linking them with degrees of credit quality;

7) terms and conditions under which a bank may take account of the conclusion of the agreements referred to in article 1. paragraph 92a. 1 and 3, and article 3. 92d, for the purposes of determining capital requirements referred to in paragraph 1. 1 point 2.

7. in the case of non-compliance with the requirements referred to in paragraph 1. 1, the bank is obliged to immediately notify the Commission of financial supervision.

8. The Financial Supervisory Commission may determine by resolution, binding banks prudential standards, defining acceptable risk in the business of banks other than capital requirements and the scope of their application.

9. The Financial Supervisory Commission may, in exceptional cases, agree on the size of the non-monetary contributions for the excess referred to in paragraph 1. 1 point 1.

10. Consideration of additional bank balance sheet items referred to in paragraph 1. 6 (1), and the use of the methods referred to in paragraph 1. 6 point 3, subject to the conditions laid down on the basis of these provisions may be subject to the approval of the Financial Supervision Commission other than that indicated in paragraphs 1 and 2. 3. 128a. [information on the structure of the own funds of] the Bank is obliged to provide at the request of the Financial Supervision Commission with all the information on the structure of own funds referred to in article 1. 127, and regarding the fulfilment of requirements and standards referred to in article 1. 128. mydos with subdirectory size [Exemption from the obligation to comply with certain requirements and standards] 1. The Financial Supervisory Commission may, at the request of the State-owned bank, turn off the part of the activity or all the activities of the Bank, associated with the operation of the funds entrusted to the created or sent to the Bank on the basis of a set of separate ago or in the framework of the implementation by the bank of government programs, from the obligation to comply with certain requirements and standards referred to in the Act.

2. The Financial Supervisory Commission may, at the request of the State-owned bank, permit to be entrusted with another bank to assess ability to repay obligations and risk analysis the payment obligations in the case of: 1) the granting of bank guarantee or State bank ago suretyship loan portfolio as a collection of individual loans granted by the bank, for which the total amount of the limit of the guarantee or suretyship for a specified period shall be a contract between the Bank and the State Bank;

2) to grant warrants or guarantees the proper performance of other obligations portfolio as a collection of individual civil contracts for which the total amount of guarantees or guarantee limit specifies the contract between the Bank and the State Bank.

Article. 128c. [prior notification of acquisition of shares] the Bank is obliged to report to the Commission of financial supervision from 30 days in advance the intention to acquire shares or shares, whose value will exceed 5% of the own funds of the Bank.

Article. 128d. [statistical method] 1. The Bank which is the dominant institution of the EU, and subsidiaries of the Bank acting under the bank holding company, and the subsidiaries of an EU parent financial holding company, may use statistical methods together, referred to in article 1. paragraph 128. 3, after obtaining the consent of the Financial Supervision Commission. The Financial Supervisory Commission, consent may specify in its contents the conditions and time limits for the application of these methods.

2. The Financial Supervisory Commission clears referred to in paragraph 1. 1, within six months from the date of receipt of a complete application for release. To deal with the request for consent shall apply mutatis mutandis to article. 33.3. The Financial Supervisory Commission in giving consent to cooperate with the competent supervisory authorities, with a view to achieving a common position, as well as for the settlement, as well as his rationale.

4. If, within the period referred to in paragraph 1. 2, the Financial Supervisory Commission and the competent supervisory authorities fail to reach agreement, the Financial Supervisory Commission seems to agree, taking into account the views expressed by the competent supervisory authorities. In the body of the justification of the decision of the Financial Supervisory Commission shall take into account the views and reservations of other relevant supervisory authorities received within the time limit referred to in paragraph 1. 2.5. A decision on the approval of the competent supervisory authorities receive.


5a. If, before the expiry of the period referred to in paragraph 1. 2, the competent authority Board will refer the matter to the European banking authority in accordance with article 4. 19 a regulation of the European Parliament and of the Council (EU) no 1093/2010 of 24 November 2010 on the establishment of a European supervisory authority (European banking authority), amending Decision No 716/2009/EC and repealing Commission decision 2009/78/EC (OJ l. The EU L 331 of 15.12.2010, p. 12), hereinafter referred to as "Regulation (EC) no 1093/2010," Financial Supervisory Commission shall suspend the investigation until the establishment of the European Banking Authority in accordance with article 3 of decision. 19 paragraph 1. 3 of this regulation.

6. where consent to a joint application with the Bank statistical methods by EU parent institutions and their subsidiaries, or subsidiaries of an EU parent financial holding company issue other appropriate supervisory authority, the Financial Supervisory Commission has partnered with them for the issue by the competent authorities.

7. the Bank referred to in paragraph 1. 6, the financial supervision authority shall inform the Commission of their intention to do the application of statistical methods and of the planned scope and time of submission of the application for an approval by the competent supervisory authority referred to in paragraph 1. 6.8. The Bank referred to in paragraph 1. 6, immediately after the filing of the application for the approval, by the competent authority of the Supervisory Board, referred to in paragraph 1. 6 financial supervision, it shall present to the Commission a proposal concerning the Bank. Article. 141 g of paragraph 1. 3 shall apply mutatis mutandis.

9. The Financial Supervisory Commission may express an opinion in the proceedings referred to in paragraph 1. 6, in time for the release by the competent supervisory authority consent within six months from the date of receipt by that authority the application for release.

10. The Financial Supervisory Commission shall transmit to the Bank referred to in paragraph 1. 6, the decision on the application of the common application of statistical methods issued by the competent authority of the Supervisory Board.

Article. 129. [Financial Management the Bank] 1. Banks lead on their own financial management on the basis of a financial plan in such a way as to cover the revenue obtained from the cost of the activities and commitments.

2. The creation of deductions from the net profit of funds and their use, as well as the principle of covering losses determines the Statute of the Bank.

3. Intended for distribution among shareholders amount exceeding profit for the last fiscal year, minus the uncovered losses, own shares and by the amounts that cannot be allocated to the payment of the dividend, requires approval by the Commission of financial supervision.

Article. 130. [General risk reserve] 1. Banks can create expense provision for general risk, which is a cover of an unidentified risks associated with the conduct of the business of banking. Banks create and solve this provision on the basis of the assessment of risk, taking into account in particular the volume of claims and off-balance-sheet commitments granted.

2. the amount of an annual allowance on the provision for general risk referred to in paragraph 1. 1:1) for a maximum of 1.5% of the outstanding amount of loans and advances cash less the amount of loans and advances, classified in accordance with separate provisions for category lost at the end of the previous financial year;

2) no more than the amount of the impairment loss in the current financial year with a profit for the year previous to the General Fund of the risks referred to in article 2. paragraph 127. 2 paragraph 2 (a). a. 3. Copy referred to in paragraph 1. 2, can be made not more frequently than once a month in equal amounts. Pending fund a copy of the overall risk in the current financial year basis for determining the amounts may be anticipating or suggestions this copy contained in the financial plan.

4. the Bank solves the General risk reserve, if the evaluation of the Bank stopped the circumstances justifying its continued maintenance.



Chapter 11 banking supervision Art. 131. [the banking supervisory Commission] 1. The activities of banks, branches and agencies of foreign banks, branches and representations of the credit institutions subject to supervision by the Banking Commission's validity, financial supervision to the extent and on the terms set out in this Act and in the Act of 21 July 2006 for the supervision of the financial market.

2. Supervision over the activities of the branch or representative office of a foreign bank in the country and the branch or representative office of the National Bank abroad, including the scope and mode of making control activities may be executed in terms to be agreed in consultation with the competent supervisory authorities of the financial supervision Commission.

3. The Financial Supervisory Commission may, pursuant to the provisions of the agreement referred to in paragraph 1. 2, provide information relating to the Bank the bank supervisory authority of another country if: 1) as a result of this will not be impaired by the commercial interests of the Republic of Poland;

2) is provided to use given information only for the purposes of banking supervision;

3) is guaranteed, that the transmission of information outside the banking supervisory authority granted only after obtaining the consent of the Financial Supervision Commission.

3A. If the competent authority Supervisory Board refuses the conclusion of the agreement referred to in paragraph 1. 2, or despite its conclusion does not apply to its provisions, this does not provide the information within the time limits for requested by the Financial Supervisory Commission, or refuses to provide such information, the Financial Supervisory Commission may inform the European Banking Authority.

4. (repealed).

5. (repealed).

6. (repealed).

7. (repealed).

Article. 131a. [the financing of the costs of supervision] 1. Banks are required to pay contributions in respect of banking supervision, which are the product of the total assets of the banks ' balance sheet and rates not exceeding 0,024%.

2. Trade receivables deposits on the financing of the costs of the supervision referred to in paragraph 1. 1, shall be subject to the enforcement provisions of the mode of enforcement proceedings in administration.

3. the President of the Council of Ministers determines, by regulation, the time limits for payment, the amount and the method of calculation of the payments referred to in paragraph 1. 1, having regard to ensure the effectiveness of the surveillance activities.

4. in the case of non-observance of the time limit for payment of the contributions, established on the basis of paragraph 1. 3, interest at the rate of statutory interest.

Article. 132. [Initiating surveillance action] Finance Minister or Minister of State may apply to the Commission for financial supervision to take steps or measures within the framework of the supervision referred to in article 1. 133. 138. 133. [surveillance] 1. The purpose of surveillance is to ensure that: 1) the safety of cash collected in bank accounts;

2) compliance of banks with the provisions of this Act, the Act on the National Polish Bank, the Statute and the decision authorizing the creation of the Bank;

3) the conformity of the activities carried out by the banks in accordance with article 4. 70 paragraph 1. 2 of the Act of 29 July 2005 on trading in financial instruments with the provisions of this Act, this Act and the by-laws.

1a. in carrying out its tasks, the Financial Supervisory Commission takes into account the guidelines and recommendations of the European banking authority. In the case of failure to guidelines or recommendations of the European banking authority financial supervisory Commission shall give the reasons for their failure.

2. Activities undertaken within the framework of banking supervision are in particular: 1) assessing the financial situation of banks, in this study, solvency, liquidity, asset quality, the profit of the banks;

2) examination of the quality of management, and in particular the Bank risk management system and internal control system;

3) study of compliance provided loans, cash loans, letters of credit, bank guarantees and suretyship and issued bank debt securities with the rules in force in this field;

4) study the security and timeliness of repayment of loans and cash loans;

5) compliance with the examination of the limits referred to in article 1. 71. 79A, and evaluating the process of identification, monitoring and control of large exposures, including large exposures;

6) testing compliance with the bank specified by the financial supervision Commission standards acceptable risk in the business of banks, risk management activities, including adjustments to the nature and the scale of the Bank's activities and the monitoring of, and reporting risk identification process of risk;

7) evaluation of estimating, maintenance and review of internal capital.

3. Control activities undertaken by the staff of the Office of the Commission of financial supervision are performed on presentation of identity card and the receipt of the authorization issued by the Chairman of the Financial Supervisory Commission.

3A. To control the business entrepreneurs shall apply the provisions of Chapter 5 of the Act of 2 July 2004 on freedom of economic activity.

4. The Financial Supervisory Commission and the persons carrying out banking operations shall not be liable for damage sustained by conforming to the provisions of an act or omission set that remains in view of the financial supervision Commission as supervision over the activities of banks, branches and agencies of foreign banks and branches of credit institutions.

Article. 134. [Testing accounts] 1. Auditing the accounts of the Bank, as well as a branch of a foreign bank may be commissioned only Auditors who satisfy the requirements laid down in the law of 7 May 2009 on the Chartered reviewers, and their local government, entities authorised to audit accounts and public supervision (OJ No 77, poz. 649, 2010 No. 182, item 1228 and 2012. poz. 1166).


2. the Banks shall submit to the financial supervision Commission examined individual and consolidated financial statements, together with the opinion of the auditor's report within 15 days from the date of their approval and a copy of the resolution or the provisions of the approval authority of the approval of the financial statements.

Article. 135. [irregularities in the audit made on behalf of the Bank] 1. In the event of irregularities being found in a recent study commissioned by the Bank, the Financial Supervisory Commission may require the bank to order designated auditor examine the correctness and accuracy of all financial statements drawn up by the bank, the control of the accounts, the analysis of the loan portfolio and other activities referred to in article 1. paragraph 133. 2. If, as a result of the carried out study found irregularities, the costs shall be borne by the bank.

2. the order of the test referred to in paragraph 1. 1 may be granted by the financial supervision Commission directly. Costs shall be borne by the Commission, subject to paragraph 2. 3.3. If, as a result of a study commissioned by the Financial Supervisory Commission found irregularities, the costs shall be borne by the bank.

4. taking into account the need to preserve the specific security measures, when choosing the auditor for the examination of the financial statements of the Bank referred to in paragraph 1. 2, the provisions of the Act of 29 January 2004 public procurement law (OJ 2010 No. 113, item 759, with further amendments) shall not apply.

Article. 136. [notification of irregularities] 1. The auditor carrying out auditing the accounts of the Bank and the examination referred to in article 2. 134. 135, is obliged immediately to inform the Commission of financial supervision of the revealed facts that: 1) committing the offence;

2) infringement of the provisions governing the activities of the Bank;

3) breach of the principles of good practice, banking or other threat to the interests of the clients of the Bank;

4) the existence of grounds for expressing a negative opinion on the financial statements of the Bank or refusal to express this opinion.

2. in carrying out the activities by the Auditors referred to in article 1. paragraph 135. 2 apply to them the provisions concerning respectively the banking workers performing these steps.

3. the provisions of paragraphs 1 and 2. 1 shall apply mutatis mutandis to statutory auditors scrutinizing the accounts of operators having close links with the Bank.

Article. 137. [Setting liquidity standards] Financial Supervisory Commission: 1) indicates, by way of resolution, the extent of the information referred to in article 1. 22A paragraph 2. 2, and the list of information and documents referred to in article 1. 22B paragraph 1. 2;

1A) specifies by resolution, a list of the documents referred to in article 1. 6a paragraph 2. 5 point 1;

2) determines, by resolution, a list of the documents referred to in article 1. 31.3. 2 paragraph 3;

3) can determine the binding banks liquidity standards and other standards acceptable risk in the business of banks;

4) may specify, by way of resolution, the detailed rules for the management of the risks related to the activities referred to in article 14(2). 6a-6 d;

5) may issue recommendations on good practices a prudent and stable management of the banks.

Article. 137a. [the size expressed in foreign currencies] for the purpose of checking compliance with the standards by banks and the limits of the law, the size expressed in foreign currency within the meaning of the foreign exchange law is converted into gold, and the size of the indexed to the convertible currencies shall be determined according to the average exchange rates published by the Polish National Bank on the day of making.

Article. 138. [recommendations, orders and sanctions applied by the Financial Supervisory Commission] 1. The Financial Supervisory Commission may recommend, in particular, the Bank surveillance: 1) the necessary measures are taken to restore liquidity and standards compliance or payment referred to in article 1. 137;

2) increase of own funds;

3) omission of certain forms of advertising;

4) development and application of procedures that will ensure the maintenance of, the current estimate and a review of internal capital and the operation of the system for the management of the Bank;

5) the application of specific rules to create reserves for the risks associated with the business of banks or impairment of assets, or special treatment of assets for the purpose of calculating capital requirements;

6) to reduce the risk in the Bank's activities.

2. The Financial Supervisory Commission may order the Bank to profit hold or pause to create new organizational units until the restoration of credit liquidity or achieve the standards referred to in article 1. 137.3. In the event of a finding that the bank does not implement the recommendations referred to in paragraph 1. 1 or orders referred to in paragraph 1. 2, and also when the activities of the Bank is carried out in violation of the law or the Statute, or threatens the interests of holders of bank accounts or participants of trading in a financial instrument, the Financial Supervisory Commission after previous reminder in writing, may either: 1) be provided to the competent body of the Bank with a request for cancellation of the President, Vice President or any other Member of the Board of Directors of the Bank directly responsible for the irregularities;

2) hang in the activities of the members of the Board referred to in paragraph 1, pending a resolution on the application of their appeal by the Board of Directors at the next meeting; suspension action is excluded from the decision-making process by the bank in respect of its rights and obligations to property;

3) limit the scope of the Bank's activities or its organizational units;

3A) imposed on the bank of a financial penalty of up to 10% of the income reported in the final financial statements which, in the absence of such a report is a financial penalty of up to 10% of the projected revenue based on the economic and financial situation of the Bank, not more than 10 0000 0000 zł; the provisions of article 4. paragraph 141. 4 and 5 shall apply mutatis mutandis;

4) repeal the authorisation for establishment of the Bank and take a decision about the liquidation of the Bank; article. paragraph 147. 3. 153-156 shall apply mutatis mutandis.

3A. the decision of the Financial Supervisory Commission to limit the scope of the Bank's activities may include conditions and time limits.

4. The Financial Supervisory Commission may also suspend activities Member of the Board of Directors in the case of: 1) presentation of the charges against him in criminal proceedings or in proceedings for tax offence;

2) cause significant losses to property of the Bank.

The provisions of paragraphs 1 and 2. 3 paragraph 2 shall apply mutatis mutandis.

5. The Financial Supervisory Commission is referenced by a member of the Board of Directors of the Bank in the case of a final sentencing him for an offence mentioned in article 1. 22B paragraph 1. 3 point 1.

6. limitation of the scope of the Bank's activities or the repeal of the authorisation for the creation of the Bank can also occur in the event of a finding that the bank: 1) no longer fulfils the conditions laid down in the authorisation;

2) has been authorised on the basis of false documents, false statements or as a result of other illegal activities;

3) for a period longer than 6 months does not lead the business of banking;

4) became a subsidiary of the persons to whom it is not possible the effective exercise by the Commission of financial supervision supervision of the Bank due to the laws in force in the place of their residence or seat, or because of the relationship of those persons with other actors;

5) does not fulfil any of the obligations set out in chapter 11b.

6a. Financial Supervisory Commission repeals the authorization for the creation of a branch of a foreign bank, if the competent supervisory authorities of the country where the foreign bank has its head office or place of performance of the Board of Directors, repealed the authorization of banking by the bank.

6B. Before revoking a permit for the establishment of a foreign bank branch Financial Supervisory Commission shall consult the opinion of the competent supervisory authorities of the country where the foreign bank has its head office or place of performance of the Board, if the agreement referred to in article 2. paragraph 131. 2, provides for the consultation. If necessary the immediate repeal of the authorisation of financial supervisory Commission may waive the consult.

6 c on the repeal of the authorisation referred to in paragraph 1. 6a, the Financial Supervisory Commission shall inform the competent supervisory authorities of a foreign bank.

6 d on the repeal of the authorisation for the creation of National Bank Financial Supervisory Commission shall immediately inform the competent supervisory authorities of the State in which the branch of the Bank.

7. Measures taken within the framework of the supervision may not violate the contracts concluded by the bank with the exception of contracts: 1) referred to in article 1. paragraph 92a. 1 and 3 and in article 3. 92d;

2) concluded by the bank with national actors in the same holding company and the agreements concluded by the national bank, with which it has close ties, and the agreements referred to in article 1. 6a paragraph 2. 1 and 7.

Article. 138a. [powers of Financial Supervision Commission] 1. The Financial Supervisory Commission may: 1) compel the bank to increase own funds;

2) impose on the bank an additional capital requirement over the value resulting from the capital requirements, calculated in accordance with the detailed rules laid down by the Commission of financial supervision on the basis of the resolution referred to in article 14(2). paragraph 128. 6 points 1 and 3-7, and in particular in the case of the negative findings in the course of the activities undertaken in the framework of banking supervision, including provisions relating to the functioning of the system of risk management and internal control system or the identification, monitoring and control of large exposures, including large exposures.

2. The Financial Supervisory Commission may also impose an additional capital requirement in case of failure of the internal capital to the scale of the risks in the Bank's activities and significant irregularities in the management of risk.


Article. 138b. [decision on the imposition of an additional capital requirement on the bank] 1. The Financial Supervisory Commission, in the framework of the exercise of supervision on a consolidated basis, the decision on the application of the measures referred to in article 1. 138a paragraph 1. 1, paragraph 2 and paragraph 3. 2, working with the competent supervisory authorities over the surveillance actors in the same as a bank holding company, with a view to achieving a common position both the settlement and the evaluation of its rationale.

2. The Financial Supervisory Commission, it seems the decision referred to in paragraph 1. 1 within 4 months from the date of delivery of the competent supervisory authority supervises actors in the same as the bank holding company proposal for a post containing a risk assessment.

3. In the absence of the common position, the Commission may consult the financial supervision of the European banking authority. The Financial Supervisory Commission consult the European banking authority also at the request of the competent authorities referred to in paragraph 1. 2. the 4. If, within the period referred to in paragraph 1. 2, the Financial Supervisory Commission and the competent supervisory authorities fail to reach agreement, the Financial Supervisory Commission, in its decision referred to in paragraph 1. 1, shall take into account the views expressed by these authorities and justify significant departures from the opinion of the competent supervisory authorities, received within the time limit referred to in paragraph 1. 2.5. In the case of an opinion referred to in paragraph 1. 3, the Financial Supervisory Commission in adopting a decision referred to in paragraph 1. 1, takes into account this opinion and justify significant departures from this opinion. In adopting the decision, the Financial Supervisory Commission may determine in its contents the conditions and time limits for the application of the measures referred to in article 1. 138a paragraph 1. 1, paragraph 2 and paragraph 3. 2.5a. If, before the expiry of the period referred to in paragraph 1. 2, the competent authority Board will refer the matter to the European banking authority in accordance with article 4. 19 Regulation (EC) no 1093/2010, Financial Supervisory Commission shall suspend the investigation until the establishment of the European Banking Authority in accordance with article 3 of decision. 19 paragraph 1. 3 of this regulation.

6. in the case where the competent supervisory authority for the prudential supervision on a consolidated basis over the National Bank operating in one of the holding companies referred to in article 1. 141f paragraph 1. 1 point 2-5, returns to the financial supervision Commission opinion on the application of the measure referred to in article 1. 138a paragraph 1. 2 the provisions of paragraph 1. 1-4 shall apply mutatis mutandis.

7. The Financial Supervisory Commission shall annually assess the reasons and consequences of the decision referred to in paragraph 1. 1. The conditions for and the effects of the decision issued in the absence of a common position can be evaluated, if it occurs, the competent authority of the Board.

Article. 139. [obligations of banks] 1. Banks and branches and agencies of foreign banks in the country are required to: 1) notify the Commission of financial supervision and cessation of activities; This also applies to taking and cessation of activities by the National Bank branch in the country;

2) allow authorized persons performing acts referred to in article 1. paragraph 133. 2 and, in particular, provide access to books, records, statements, plans, reports and other documents and, at the written request, making a copy of such documents and other information media, as well as provide the explanations requested by the person;

3) notify the Commission of financial supervision of the measures to be taken in order to eliminate the deficiencies within the framework of the surveillance, and adhere to decisions and recommendations issued.

2. In the exercise of supervision over the activities of a branch of a foreign bank. 138 shall apply mutatis mutandis.

Article. 140. [notification of adoption or cessation of activities abroad] National Bank, whose branch or representative office has been opened abroad, is obliged to notify the Commission of financial supervision of and stopping the activities of a branch or representative office.

Article. 140a [consultation] 1. Prior to the issuance of a permit for the establishment of National Bank Financial Supervisory Commission shall consult the supervisory authorities of the Member State where this bank will be: 1) a subsidiary of a credit institution: a), b) parent credit institution, insurance undertaking, reinsurance undertaking, c) or investment companies, which have received the appropriate authorization to do business in a Member State, d) parent against the insurance undertaking, reinsurance undertaking or investment firm obtained the appropriate permits for the Member State;

2) controlled by the same natural or legal persons who control the credit institution, an insurance undertaking, a reinsurance undertaking or an investment firm, which have received the appropriate authorization to do business in a Member State.

2. the Commission shall consult the financial supervision of the competent supervisory authorities, when assessing persons involved in the management of another entity of the same group within the meaning of article 3. 3 section 7 of the law on the supplementary supervision. The Financial Supervisory Commission and other competent Polish supervisory authorities shall communicate to each other and to other appropriate supervisory authorities all the information necessary for granting authorisation and the purpose of the current exercise.

Article. 140b. (repealed).

Article. 140c. [Note] 1. The Financial Supervisory Commission shall inform the European Commission and the European Banking Authority of any loss of power or the repeal of the authorisation for the creation of a National Bank or branch of a foreign bank.

2. the information referred to in paragraph 1. 1, the Financial Supervisory Commission give reasons for loss of power or the repeal of the authorisation for the creation of a National Bank or branch of a foreign bank.

Article. 141. [penalty for members of the Board of Directors of the Bank] 1. In the event of non-execution of recommendations on activities in violation of laws, statutes, refusal to provide explanations, information, as referred to in article 1. 139, or in the event of failure to perform the obligations referred to in section 11b, the Financial Supervisory Commission may impose on the members of the Board of Directors of the Bank penalty up to three gross monthly salary of the person concerned, calculated on the basis of the remuneration for the last 3 months before the imposition of the penalty.

2. Capital punishment may not be imposed if the banking supervision to have messages referred to in paragraph 1. 1 more than 6 months have elapsed or from committing the Act passed more than 2 years.

3. the Death penalty shall not prevent the application of other measures provided for in this chapter.

4. The Financial Supervisory Commission pays the amounts recovered in respect of the penalty to the Bank guarantee fund.

5. Capital punishment, referred to in paragraph 1. 1, shall be subject to the enforcement provisions of the mode of enforcement proceedings in administration.



Chapter 11a supervision of branches of credit institutions Article. 141a. [supervision on a consolidated basis] 1. In the case where a credit institution operating on the territory of the Republic of Poland by a branch or in the framework of cross-border activity does not comply with the provisions of Polish law, the Financial Supervisory Commission: 1) calls, in writing, that institution to comply with the law and Polish delineates an appropriate term to remove irregularities;

2) after expiration of the term referred to in paragraph 1 shall notify the competent authorities of the home Member State supervision of irregularities.

2. where, despite measures by the competent authorities of the home Member State supervisory branch of the credit institution still does not comply with the provisions of Polish law, and in the case of the inadequacy of these measures to such infringement, or an inability to apply them on the territory of the Republic of Poland, the Financial Supervisory Commission may take the appropriate measures referred to in article 1. paragraph 138. 3 points 1 and 3. 141, and liquidity is in the article. paragraph 138. 1 section 1 and paragraphs 1 and 2. 2. For the application of these measures, the Financial Supervisory Commission shall inform the European Commission and the European Banking Authority.

2A. Where a credit institution operating on the territory of the Republic of Poland by a branch does not comply with the provisions of sections II or III of the Act of 19 August 2011, payment services, Financial Supervisory Commission: 1) calls, in writing, that institution to comply with those provisions and delineates an appropriate term to remove irregularities;

2) after expiration of the term referred to in paragraph 1, it may properly apply the measures referred to in article 1. paragraph 138. 3 paragraphs 1, 3 and 3a, by notifying the competent for the institution's supervisory authorities of the home Member State of the irregularities and the measures taken.

3. In cases of emergency, before applying the procedures referred to in paragraph 1. 1 and 2, the Financial Supervisory Commission, with a view to protecting the interests of the depositors, may, without the prior written warning, respectively, to apply the measures referred to in article 1. paragraph 138. 3 paragraphs 1, 3 and 3a. On the application of these measures, the Financial Supervisory Commission shall immediately inform the European Commission and the European Banking Authority.

3A. In the cases referred to in paragraph 1. 2 and 3, the Financial Supervisory Commission shall inform the competent authorities of the home Member State supervision of the credit institution of the supervisory measures branch to.

4. the decision of the Financial Supervisory Commission in paragraph mode. 2, 2a and 3 of article 5(1). 127 § 3 of the administrative code of conduct do not apply.

5. The decision of the Financial Supervisory Commission, referred to in paragraph 1. 2, 2a and 3, a credit institution may lodge a complaint with the administrative court within 7 days from the date of its delivery.


Article. 141b. [Procedure in case of violation of law] 1. The Financial Supervisory Commission after receipt from the competent supervisory authorities of the host State information that the national bank mobile in its territory through a branch or under the cross-border activities in the host Member State is in breach of the applicable provisions of the law, may apply in relation to the measures provided for in article Bank. paragraph 138. 3.2. To the decision of the Commission of financial supervision pursuant to paragraph 1. (1) article 5(1). 127 § 3 of the administrative code of conduct do not apply.

3. The decision of the Financial Supervisory Commission, issued on the basis of paragraph 1. 1, national bank can refer to the Administrative Court, within 7 days from the date of its delivery.

Article. 141c. [Supervision over the activities of the credit institution] 1. Supervision of the business of credit institutions leading activity in the territory of the Republic of Poland through a branch or under the cross-border activities shall, subject to paragraph 2. 2, art. paragraph 42 c. 1. 141a paragraph 1. 2, the competent authorities of the home Member State supervision.

2. The Financial Supervisory Commission is responsible for the supervision of branches of credit institutions as regards the compliance with the obligation referred to in article 1. 8.3. Supervision over the activities of the National Bank, established in the territory of the host State through a branch or under the cross-border activities, has the Financial Supervisory Commission.

Article. 141d. [inspection] 1. The staff of the Office of the Commission of financial supervision shall carry out control activities in the branches of credit institutions within the scope defined in article 1. paragraph 42 c. 1. 141c paragraph 1. 2, and the rest of the field, on the basis of the authorisation referred to in paragraph 1. 2.2. The competent authorities of the home Member State supervision may carry out inspection operations in a branch office, referred to in paragraph 1. 1, in-house or by a person authorized by them, after prior notice to the Commission of financial supervision of the date and extent of the checks to be carried out.

Article. 141e [Exchange of information] 1. The Financial Supervisory Commission and the competent authorities of the home Member State supervision of the credit institution leading activity in the territory of the Republic of Poland through a branch or under the cross-border activities shall communicate to each other the information necessary for monitoring the liquidity and solvency of these institutions, as well as information concerning, in particular: 1) the structure of ownership and management of credit institutions;

2) guarantee scheme;

3) exposures;

4) accounting rules;

5) used administrative procedures;

6) the internal control system;

7) mode and rules for carrying out control activities;

8) measures taken in the framework of supervision.

2. the Commission of financial supervision and the competent supervisory authorities of the host State, in whose territory the national bank is established, shall communicate to each other the information referred to in paragraph 1. 1.3. Mutual communication of information referred to in paragraph 1. 1 and 2 may be carried out on the basis of the agreement concluded by the Commission for financial supervision with the competent supervisory authorities.



Chapter 11b supervision on a consolidated basis article 5. 141f [supervision on a consolidated basis] 1. Consolidated supervision shall be subject to the national bank, which operates in the holding company: 1) to the National Bank;

2) the foreign bank;

3);

4) combined;

5) hybrid.

2. The exercise of supervision on a consolidated basis, the Bank does not exclude the application of the relevant provisions of the Act governing the activities of the Bank as the entity which is subject to supervision by the individual.

3. The Financial Supervisory Commission may include with the competent authorities of the other Member States ' supervisory agreement determining the scope and mode of cooperation in carrying out supervision on a consolidated basis banks active in the holdingach referred to in paragraph 1. 1 supervision of the relevant branches of domestic banks and the relevant branches of credit institutions and the scope and mode of operation of colleges, referred to in paragraph 1. 18. The Financial Supervisory Commission shall inform the European Banking Authority of the conclusion and content of such agreements. The provisions of article 4. paragraph 131. 3 points 2 and 3 shall apply mutatis mutandis.

3A. In order to ensure the effectiveness of the supervision on a consolidated basis, the Financial Supervisory Commission may, pursuant to the agreements referred to in paragraph 1. 3, and taking into account article 9. 28 Regulation (EC) no 1093/2010, delegate his tasks of the competent authority of the Supervisory Board of another State or the competent authority of the other State supervisory tasks take, so that the supervisory authority for the prudential supervision of the parent entity can effectively perform tasks from the scope of the supervision on a consolidated basis over a subsidiary. The agreement should specify, in particular: 1) the scope of delegated tasks;

2 the scope of the tasks delegated to) the law of a Member State and the rights of Polish;

3) duty to the competent authority of the Board of Directors of the other Member States to inform the Commission of financial supervision of supervisory activities and their consequences;

4) the conditions and procedure for amending the scope and appeal for the delegation of tasks.

3B. delegation Revocation occurs in particular in the event of a change in the facts, as a result of which the entity indicated in the agreement referred to in paragraph 1. 3A, shall cease to be a subsidiary of the parent undertaking over which supervision is exercised by the competent authority of the Board.

3 c. the agreement referred to in paragraph 1. 3A, may also define rules for common tasks by the Commission of financial supervision and the competent authority of the Supervisory Board.

3D. On the basis of the agreements referred to in paragraph 1. 3A, Financial Supervisory Commission may adopt only such tasks of the competent authority, which shall correspond to the objectives and goals of the supervision referred to in the Act.

3E. Prior to the conclusion of the agreement referred to in paragraph 1. 3A, Financial Supervisory Commission shall transmit to the dependent entity as referred to in this agreement, information about: 1) the intention to conclude the agreement, 2) proposed content agreement, 3) competence of the competent authority of the Board in terms of tasks, that will be the delegated authority, 4) appeal procedures, the decisions of the competent authority of the Supervisory Board is allowing the ago entity dependent expression.

3F. Financial Supervisory Commission shall enter an agreement referred to in paragraph 1. 3A, on its website as soon as possible after its conclusion, with an indication of the entity referred to in this agreement.

3 g. If the competent authority Supervisory Board refuses the conclusion of the agreement referred to in paragraph 1. 3, or despite its conclusion does not apply to its provisions, this does not provide the information within the time limits for requested by the Financial Supervisory Commission, or refuses to provide such information, the Financial Supervisory Commission may inform the European Banking Authority. The Financial Supervisory Commission may also inform the European Banking Authority to award by the competent authority of the Supervisory Board of appeal procedures, the information referred to in paragraph 1. 3E section 4.

3 h. If the execution of the decision or other resolution of the competent authority of the Board of Directors would be jeopardized by the careful and sustainable management of the Bank, the Financial Supervisory Commission may terminate the agreement referred to in paragraph 1. 3A, and suspends the execution of the decision or any other settlement.

4. In the absence of an agreement referred to in paragraph 1. 3, the Financial Supervisory Commission and the competent supervisory authorities of credit institutions within the framework of the cooperation agreement shall communicate to each other, in particular, the information necessary for the exercise of supervision on a consolidated basis, the supervision of the relevant branches of domestic banks and the relevant branches of credit institutions and shall take the measures referred to in article 1. 138a 138b and, in compliance with the conditions referred to in article 1. paragraph 131. 3 point 2 and 3.

5. in the case when the national bank is part of a financial conglomerate, which the parent entity is the dominant fixed within the meaning of the law on the supplementary supervision, shall apply the provisions of the law on the supplementary supervision.

6. Supervision on a consolidated basis if: 1) the original parent entity is the parent institution holding company in a Member State or an EU parent institution-has power Board, which granted the authorisation to engage in activity of this institution;

2 the parent entity) to the Bank is a parent financial holding company in a Member State, the parent financial holding company in a Member State, the mixed EU parent financial holding company or an EU parent financial holding company is a mixed-activity Financial Supervisory Commission exercises;

3) parent entity to a credit institution is a parent financial holding company in a Member State, the parent financial holding company in a Member State, the mixed EU parent financial holding company or an EU parent financial holding company is the supervisory authority has a mixed, who granted the authorisation to engage in activity of the credit institution;


4) EU parent financial holding company, an EU parent financial holding company parent mixed financial holding company in a Member State or the parent financial holding company in a Member State the mixed is the parent of a credit institution on the basis of authorisation in a Member State-has power Board, which granted the authorisation to engage in activity as a credit institution, Member States , in which he is established the EU parent financial holding company, an EU parent financial holding company parent mixed financial holding company in a Member State or a mixed financial holding company parent in a Member State;

5) EU parent financial holding company, an EU parent financial holding company parent mixed financial holding company in a Member State established in the territory of the Republic of Poland or parent financial holding company in a Member State of the mixed-activity based on the territory of the Republic of Poland is the parent of a credit institution or to the Bank – has financial supervisory Commission;

6) financial institutions established in different Member States or unregulated entities parent within the meaning of article 4. 3 section 5 of the Act on supplementary supervision of the offices in the territory of different Member States are dominant operators to the Bank or credit institution operating on the basis of authorizations granted in the Member State in which they are established, these financial institutions or unregulated entities, the dominant exercises supervisory authority-who granted the authorisation to engage in activity to the Bank or credit institution, which are the highest balance sheet total;

7) a financial institution or dominant fixed within the meaning of article 4. 3 section 5 of the Act on supplementary supervision is dominant to the Bank or credit institution operating on the basis of authorizations granted in Member States other than the Member State of establishment of the financial institution or the dominant exercises supervisory authority-which are not regulated entity, who granted the authorisation to engage in activity to the Bank or credit institution, which are the highest balance sheet total, a bank or credit institution shall be deemed to be subsidiaries of an EU parent financial holding company or an EU parent mixed financial holding company.

7. the competent supervisory authorities may agree that the criteria referred to in paragraph 1. 6 point 1 to 6 shall not apply where they are inappropriate in view of the specific nature of the Bank, credit institutions or the relative importance of their activities in the Member States.

8. In the case referred to in paragraph 1. 7, the competent supervisory authorities agree that the authority shall exercise supervision on a consolidated basis.

9. In order to make the arrangements referred to in paragraph 1. 8, the competent supervisory authorities may seek the opinion of the EU institutions, EU parent financial holding company, the parent Union of a mixed financial holding company or a credit institution or a Bank, which are the highest balance sheet total referred to in paragraph 1. 6.10. The Financial Supervisory Commission shall inform the European Commission and the European Banking Authority for the exercise of supervision on a consolidated basis by itself as a result of the arrangements referred to in paragraph 1. 8.11. The Commission shall inform the financial supervision dominant institution of the EU, EU parent financial holding company, an EU parent financial holding company or a mixed-activity the bank with the highest total of the balance sheet total referred to in paragraph 1. 6, for the exercise of supervision on a consolidated basis by itself.

12. The Financial Supervisory Commission shall inform the competent supervisory authorities or the competent authorities of home Member State supervision on a consolidated basis of the credit institution exercising supervision of their desire to cooperate in the field of supervision of an important branch of the credit institution.

13. If, within 2 months from the date of receipt by the competent supervisory authorities of the information referred to in paragraph 1. 12, the Financial Supervisory Commission and the competent supervisory authorities fail to reach agreement, the Financial Supervisory Commission, taking into account the opinion expressed by the competent supervisory authorities, it seems over the next 2 months to decide on the recognition of the branch of a credit institution for, if its activity on the territory of the Republic of Poland is significant, especially if it meets at least one of the following reasons: 1) participated in the total value of the cash contributions is higher than 2%;

2) number of clients of the branch is significant in scale of the banking operations carried out by this branch;

3) suspension or termination of the activities of the credit institution may constitute a threat to the stability of the financial system or for the safety of the operation of the payment systems, clearing and settlement on the territory of the Republic of Poland.

14. In adopting the decision referred to in paragraph 1. 13, the Financial Supervisory Commission shall take into account the opinion of the relevant supervisory authority and to justify significant departures from this opinion obtained within 2 months from the date of receipt of the information referred to in paragraph 1. 12.15. The decision referred to in paragraph 1. 13, receives a credit institution operating on the territory of the Republic of Poland by an important branch, a significant branch of the credit institution and the competent supervisory authorities of the Member States concerned.

16. the decision referred to in paragraph 1. 13, does not affect the rights and obligations of the competent supervisory authorities in relation to this branch.

16A. If, before the expiry of 3 months from the date of receipt by the competent supervisory authorities of the information referred to in paragraph 1. 12, the competent authority Board will refer the matter to the European banking authority in accordance with article 4. 19 Regulation (EC) no 1093/2010, Financial Supervisory Commission shall suspend the investigation until the establishment of the European Banking Authority in accordance with article 3 of decision. 19 paragraph 1. 3 of this regulation.

17. in the case of receipt of information about the operation of the relevant national bank branch in the territory of the host State, in particular the branch: 1) participated in the total value of the cash contributions in the host State, this branch is higher than 2% or 2) the number of clients of the branch is significant in scale of the banking operations carried out by the branch, or 3) the suspension or termination of the activities of the National Bank could pose a threat to the stability of the financial system or for the safety of the operation of payment systems , billing and settlement in the host country-Financial Supervisory Commission shall, not later than within 2 months from the date of receipt of the information about the operation of this branch shall cooperate with the competent supervisory authorities of that Member State in accordance with paragraph 1. 18, in particular, the information necessary for the performance of supervision by the competent supervisory authorities, in compliance with the conditions referred to in article 1. paragraph 131. 3 point 2 and 3.

18. In order to exercise supervision on a consolidated basis banks active in the holdingach referred to in paragraph 1. 1, the Financial Supervisory Commission shall establish colleges of competent supervisory authorities, hereinafter referred to as "colleges", and the Chair, ensuring cooperation with the competent supervisory authorities from third countries, the competent supervisory authorities of the host countries a significant branch of the national central banks and, where this is necessary to carry out the tasks provided for by the law, with a view to proper cooperation and the exchange of information referred to in paragraph 1. 17.19. In relation to participation and to the competent authority of the Board in College, as well as on the scope and functioning of colleges shall decide the Financial Supervisory Commission after consultation with the competent authorities. Financial Supervisory Commission shall notify the members of the College of the dates of the meetings, the main issues which have been the subject of meetings, activities, which should be analysed, or take, and of the measures taken.

20. The Financial Supervisory Commission, planning and coordinating actions in order to take a decision in the framework of the exercise of supervision on a consolidated basis, take into account the rationale for action by the competent supervisory authorities, including supervision and the practice of their application, as well as its possible impact on the stability of the financial systems in the Member States concerned.

21. Without prejudice to the obligation of professional secrecy, the Commission shall inform the European Banking Authority of financial supervision of the activities of the College, in particular emergency situations, and communicate information, which are very important for the convergence of supervisory practices.

Article. 141 g. [consolidated financial statements] 1. National banks operating in the holdingach referred to in article 1. 141f paragraph 1. 1 shall provide the Commission of financial supervision without delay but not later than within a period of 30 days from the date of approval: 1) by the General Assembly, its own consolidated financial statements together with the opinion of the auditor's report;

2) the accounts of the subsidiaries of the Bank and the financial statements of entities with whom the bank has close links, which have not been included in the consolidated financial statements drawn up by the bank; the financial statements shall be submitted together with the opinion of the auditor's report.


2. the National Banks operating in the holdingach referred to in article 1. 141f paragraph 1. 1 point 2 to 5, shall also provide the Commission of financial supervision without delay but not later than within a period of 90 days from the date of approval of the consolidated financial statements, the original parent or holding company financial statements are drawn up at the highest level of consolidation.

3. the documents referred to in paragraph 1. 1 and 2, drawn up in a foreign language, the bank shall submit, together with their translation into Polish by a sworn translator.

4. The provisions of paragraph 1. 1 and 2 shall not apply in respect of the entities, which, in accordance with the accounting rules are not required to prepare consolidated financial statements.

5. The Financial Supervisory Commission, on a reasoned request of the Bank, may exempt the bank from the obligations referred to in paragraph 1. 1-3 or limit their scope.

6. for the purposes of the Report related to the exercise of supervision on a consolidated basis shall be made by applying the appropriate accounting rules.

7. If the holdingach referred to in article 1. 141f paragraph 1. 1, subsidiary company of bank services, the data contained in the reports of those companies included in the consolidated accounts drawn up by the parent undertaking.

Article. 141 h. [inspection] 1. In order to verify the information obtained banking inspectors and persons authorised by the Commission of financial supervision may, subject to the provisions of paragraph 2. 2 and 3, carry out control activities in entities operating in holdingach, referred to in article 1. 141f paragraph 1. 1, and ancillary banking services undertakings providing services to companies operating in these holdingach. The recipe article. paragraph 139. 1, paragraph 2 shall apply mutatis mutandis.

2. (repealed).

3. The Financial Supervisory Commission may request: (1) the parent Bank National Bank holding company) or 2) established on the territory of the Republic of Poland parent in one of the holding companies referred to in article 1. 141f paragraph 1. 1 section 3-5-the order designated by the Commission auditor to examine the financial situation of the affiliates or entities having close links with the National Bank in the holding company, where, in the Commission's assessment, there are doubts as to the reliability of an approved report or when it is necessary to examine the economic relationship with another entity. The cost of the study commissioned to bear up a bank or holding company parent undertaking, subject to the provisions of paragraph 2. 4.4. If, as a result of a study commissioned by the Financial Supervisory Commission, there was no doubt, referred to in paragraph 1. 3, the cost of the examination shall be borne by the Commission.

Article. 141i. [obligations of the parent] 1. The National Bank is subject to the dominant national bank holding company, and established in the territory of the Republic of Poland parent financial holding company, holding company or mixed-activity holding company hybrid shall ensure the proper functioning of the internal control of the data and information required in connection with the exercise of supervision on a consolidated basis, and to provide, at the request of the Commission of financial supervision or persons authorised by the Commission of financial supervision, with all the information and clarifications concerning its activities and the activities of the entrants in the composition of this holding company.

2. Person entering in the composition of the Board of the parent financial holding company should guarantee a stable and prudent management of the entity.

3. National Bank operating in a mixed holding company must have adequate internal control mechanisms and risk management processes, including reporting and accounting procedures to identify, measure, monitor and control transactions with Bank dominating in the holding company and the subsidiaries in the holding company.

4. National Bank referred to in paragraph 1. 3, is obliged to inform the Commission of financial supervision of any significant transactions within the meaning of the law on the supplementary supervision with the entities referred to in paragraph 1. 3, with the exception of transactions relating to them within the meaning of article 4. 71. 141j. [taking into account the activities of banks in the holdingach] 1. The Financial Supervisory Commission will determine by resolution, range and method of taking account of the activities of banks in the holdingach referred to in article 1. 141f paragraph 1. 1 points 1-3, in the calculation of own funds, solvency capital requirements and limits on large exposures.

2. The Financial Supervisory Commission may determine by resolution, range and method of taking account of the activities of banks in the holdingach referred to in article 1. 141f paragraph 1. 1 points 4 and 5, in the calculation of own funds, solvency capital requirements and limits on large exposures.

Article. 141k. [communication of information] 1. An entity established on the territory of the Republic of Poland in one of the holding companies referred to in article 2. 141f paragraph 1. 1 point 2 and 3, where the parent undertaking is established in the territory of a Member State, shall at the request of the parent the information necessary for the preparation of consolidated financial statements.

2. An entity established on the territory of the Republic of Poland in one of the holding companies referred to in article 2. 141f paragraph 1. 1 point 2-5, which is not overseen by the Polish supervisory authorities, is obliged to provide all the information at the request of the competent supervisory authorities responsible for the supervision of the credit institution or financial holding company and is obliged to allow the authorities to verify the given information.

3. where the national bank act foreign bank holding company or financial holding company whose parent undertaking is established in a Member State other than the Member State, and there is a lack of agreement referred to in article 1. 141f paragraph 1. 3, the Financial Supervisory Commission checks to see if the national bank is subject to consolidated supervision appropriate to the rules set out in this chapter.

4. the Financial Supervisory Commission shall carry out the operations referred to in paragraph 1. 5, on its own initiative or at the request of a parent or holding company at the request of a regulated entity within the meaning of article 2. 3 section 4 of the law on the supplementary supervision, who has a permit to operate in the Member State.

5. where, as a result of the screening carried out, it appears that the national bank, as referred to in article 1. 141f paragraph 1. 3, is not subject to consolidated supervision appropriate to the rules set out in this chapter, shall apply the provisions of this chapter.

Article. 141l [list of holdings] 1. The Financial Supervisory Commission leads the lists of holdings: 1) of the National Bank;

2) foreign bank, which runs the national bank;

3) running the national bank financial;

4) hybrid.

2. the notification of the appropriate catalog and update the notification is made to the financial supervision Commission: 1) national bank, where it is the dominant entity in the holding company or if the original parent holding company, which operates the national bank established abroad;

2) parent undertaking in relation to the National Bank, if it is the original parent body, the holding company that runs national bank, and is located on the territory of the Republic of Poland.

3. The Financial Supervisory Commission will determine by resolution, how to keep the list of holdings, the lodging and update notifications and notification pattern holdings holding company.

4. The changes in the lists referred to in paragraph 1. 1, the Financial Supervisory Commission shall inform the competent supervisory authorities of the Member States.



Chapter 12 of reorganisation proceedings, liquidation and bankruptcy of the Bank a. reorganisation proceedings Art. 142. [reorganisation proceedings] 1. In the event of the emergence of losses the carrying amount or the threat of its occurrence or the emergence of the danger of insolvency or liquidity, the Board of Directors of the Bank shall immediately inform the Commission of financial supervision, and presents her program of reorganisation proceedings, ensuring its implementation.

2. The Financial Supervisory Commission may set a time limit for the Bank to develop a programme of reorganisation proceedings, as referred to in paragraph 1. 1, and its complement or elaborate.

3. in the event of omission of the activities referred to in paragraph 1. 1, the Financial Supervisory Commission may require the bank to initiate recovery proceedings.

4. during the implementation of the programme by the bank reorganisation proceedings, the profit accruing to the bank is used in the first place to cover the losses, and then, on the increase of own funds.

Article. 143. [Recovery Program inadequate or improperly implemented] 1. If reorganisation proceedings is not enough or it is not suitable, the Financial Supervisory Commission may: 1) (repealed);

2) prohibit the grant or restrict the granting of loans and advances cash to shareholders (members) of the Bank and the members of the Management Board, the Supervisory Board and employees;

3) apply to the Board of Directors of the Bank with a request for the convening of an extraordinary general meeting of shareholders (the general meeting) in order to consider the situation of the Bank, came to the decision to cover the loss of the balance sheet and other resolutions, including the increase of own funds, within a period of not more than 6 months;

4) order the reduction or suspension of payment of certain variable components of remuneration of persons engaged in management positions at the Bank, including handling time per management position in the Bank, no more than for the last 3 years.

2. the Bank's Board should convene an extraordinary general meeting within 14 days, and if this is not done, the extraordinary general meeting may be convened by the Commission of financial supervision. The costs of convening and holding of general meetings shall be borne by the bank.

2A. A break in the General Assembly may not last for a total of more than 14 days.


3. the prohibitions and the request referred to in paragraph 1. 1, are not subject to appeal.

Article. 144. [supervising Curator of the recovery implementation of the programme] 1. The Financial Supervisory Commission, subject to article 22. 20A of the Act referred to in article 14(2). paragraph 105. 1 point 2 (a). (h), may decide to establish a supervisory guardian recovery program execution by the bank.

2. the Curator shall have the right to participate in the meetings of the organs of the Bank and the right to obtain any information necessary for the performance of its functions.

3. the Curator have the right to oppose the resolutions and the decisions of the Management Board and the Supervisory Board of the Bank. A statement of intention to oppose reported at a meeting of the Supervisory Board or Board of Directors suspends the execution of the resolutions or decisions.

3A. The notice of opposition referred to in paragraph 1. 3, curator to the proper commercial court within 14 days from the date of becoming aware of the resolution or decision of the Board of directors or the Supervisory Board.

3B. In the absence of objections to the Court within the time limit referred to in paragraph 1. 3A, or in the case of the guardian claims that there will be a report, resolution or decision referred to in paragraph 1. 3, it can be done.

4. The Superintendent may bring a resolution of the general meeting of the shareholders or resolution of the general meeting of the Cooperative Bank, which affect the interests of the Bank. In the cases provided for in article entitled curator. 422. 424 of the code of commercial companies, and in relation to cooperative banks is in the article. Cooperative Law 42.

5. The decision to establish the custodian bank may lodge a complaint with the administrative court within 7 days from the date of notification of the decision. Complaint shall not prevent the enforcement of a decision. Article 5(1). 127 § 3 of the administrative code of conduct do not apply.

6. The function of the trustee may act as a person who has the qualifications and professional experience in the field of the Organization and policies of the Bank. The curator can also be a legal person.

7. The Financial Supervisory Commission Curator quarterly reports on its activities by the Board of Directors of Bank implementation evaluation of the recovery.

8. The remuneration of the trustee shall be fixed by the Commission of financial supervision, except that it must not be higher than the salary of the President of the Bank, in which the guardian has been established. The costs associated with the performance of the functions of the Superintendent shall be charged to the operating expenses of the Bank.

9. Financial Supervisory Commission can revoke the probation officer supervising the recovery program execution by the bank in the event of his resignation, improper function or other considerations prevent him from properly executing this function.

10. A natural person that serves as a guardian shall be entitled to annual leave of 26 working days on the principles laid down in the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94, as amended.) within the deadlines agreed with the Financial Supervisory Commission.

11. the period of the function of guardian by a natural person includes periods of employment and other periods, which depends on the acquisition by her powers. These persons shall apply recipes on social insurance and health insurance, as long as they are not covered by the insurance of the other titles.

Article. 145. [the commissary Management] 1. If the Board of the Bank has not transferred the program to reorganisation proceedings in accordance with article 4. paragraph 142. 1 or when the realization of this program will prove to be ineffective, the Financial Supervisory Commission may take a decision on the establishment of the Board appointed for the duration of the implementation of the programme of reorganisation proceedings. The establishment of the receivership does not affect the organisation and functioning of the Bank as a legal person, with the exception of the amendments provided for by the law.

2. the Board of commissary passes law making resolutions and decisions in all matters reserved by statute and the Statute to the properties of the authorities and bodies of the Bank. On the establishment of a Board of directors appointed the Board, subject to the provisions of paragraph 2. 4, shall be suspended, the members of the Management Board of the Bank shall be removed by operation of law, and established before prokury and a power of Attorney is terminated. For the duration of the receivership powers of other bodies of the Bank shall be suspended.

2A. the Management Board may be authorised the closure of the accounts of the Bank and draw up the financial statements of the Bank on the day designated by the financial supervision Commission and decide to cover the loss for the period ending on that date and a loss for the last years.

3. the Executive Board of the commissary also performs the tasks set out in the decision on the establishment of the Board of Directors.

4. the decision referred to in paragraph 1. 1, the Board may file a complaint with the administrative court within 7 days from the date of notification of the decision. Complaint shall not prevent the enforcement of a decision. Article 5(1). 127 § 3 of the administrative code of conduct do not apply.

5. the Management Board shall draw up the Commissary and reconciles with the Financial Supervisory Commission, the program implementation, directs and reorganisation proceedings of not more than 3 months shall inform the Commission of financial supervision and the Board of Directors on the results of the implementation of the programme.

6. The establishment of the receivership are subject to notification to the register applicable to the Bank.

Article. 146. [members of the receivership] 1. The members of the Management Board appointed shall, if necessary, unpaid leave in native plant work perform this function.

2. the period of unpaid leave to work periods and other periods, which depends on the acquisition of powers.

3. the remuneration of the members of the Management Board appointed shall be fixed by the Commission of financial supervision, except that it must not be higher than the salary of members of the current Board of Directors. Operating costs of the litigation trust shall be borne by the bank.

B. liquidation, acquisition of the Bank Article. 147. [the acquisition or liquidation of the Bank] 1. If, on the expiry of 6 months from the date of the extraordinary general meeting convened as specified in article 3. paragraph 143. 1 section 3 loss will exceed half of the own funds, the Financial Supervisory Commission may decide: 1) the takeover of the Bank by another bank, with the consent of the transferee Bank;

2) repeal of the authorisation for the establishment of the Bank and its liquidation;

3) speech to the Council of Ministers about the liquidation of the Bank, in the case of State-owned bank.

2. Decide on the takeover of the Bank by another bank or winding-up of the Bank Financial Supervisory Commission also may be taken at another time than referred to in paragraph 1. 1 if there were circumstances in case of insolvency of the Bank or the reduction of the sum of the own funds of the Bank to such an extent that would not have satisfied the conditions in force for the creation of the Bank.

3. the decision referred to in paragraph 1. 1 and 2, the Board may file a complaint with the administrative court within 7 days from the date of notification of the decision. Complaint shall not prevent the enforcement of a decision, however, before examining the complaint cannot be started condensing of the assets of the Bank in liquidation or acquisition of assets of the Bank by the bank of the transferee. Article 5(1). 127 § 3 of the administrative code of conduct do not apply.

Article. 148. [taking over the Bank] 1. From the date referred to in the decision of the Commission of financial supervision of the acquisition of the Bank by another bank: 1) the Management Board of the Bank, the Board of Directors of the Bank to be acquired under Administration dissolved, and the competence of other bodies, subject to article 22. paragraph 147. 3, shall be suspended;

2) bank assets seized Bank Board includes the transferee;

3) expire and prokury power of Attorney issued by the acquired bank.

2. the transferee Bank announce twice in the writings of coverage nationwide and in the Gazette and the economic decision about the takeover of the Bank and will call the creditors to submit claims within one month from the date of the last notice. This obligation does not apply to creditors in respect of bank accounts. In the case of cooperative banks is sufficient notice in writing to the local farmers cooperative and monitor.

3. The decision referred to in paragraph 1. 1, the Financial Supervisory Commission specifies the day of the takeover of the Bank by another bank.

Article. 149. [merging Bank Balance] 1. Acquisition of the Bank follows on the basis of the balance sheet drawn up at the date of acquisition. From that date the transferee bank enters all the rights and obligations of the Bank to be acquired.

2. The balance sheet referred to in paragraph 1. 1, should be examined by an authorised auditor to audit accounts of banks.

3. the transferee Bank reports to the appropriate court registry the takeover of the Bank together with the application for the deletion from the register of the Bank to be acquired, and which financial statements by the auditor.

Article. 150. [Purpose of the own funds of the Bank taken over] Bank taken over own funds shall be allocated to cover the balance sheet of the Bank.

Article. 151. [settlement of shareholders or members of the Bank seized] after settling or securing the bank creditors seized the transferee bank draws to its shareholders or members of the Bank transferred its remaining assets in proportion to their capital previously or it seems the shareholders own shares, and, in the case of cooperative Bank acknowledges the members of the Bank transferred the right to equity fund value. Share issue after issue fixed price, no higher than the book value of the shares, while the value of the rights to the equity fund is determined taking into account the last approved balance sheet of the Bank of the transferee.

Article. 152. [an action for changing the content of the obligation of the Bank seized] transferee Bank may require changes to the content of the obligations owed by legal action taken over the Bank during the year before the takeover, if, as a result of this, the other party has received a claim on terms more favourable than used by bank seized. The Bank's Action recognizes the jurisdiction of the receiving court provincial court.


Article. 153. [the Bank Liquidator] 1. The Board disposed of the assets of the Bank includes a Commission established by the financial supervision authority, the liquidator, in which pass the powers reserved by law and the statutes of the bodies of the Bank. The liquidator shall represent the bank in liquidation in court and out of court.

2. From the date of acquisition of the assets of the Board disposed of the Bank by the liquidator: 1) the Management Board of the Bank is terminated, and the mandates of its members are the termination by operation of law;

2) the competence of the Board of Directors, subject to article 22. paragraph 147. 3, shall be suspended.

Article. 154. [the liquidation of the Bank] Liquidation of the Bank shall be conducted in accordance with the rules in force for the Elimination of commercial companies, cooperatives or pursuant to the provisions referred to in article 1. 14, except that: 1) during the period of liquidation shall not be paid dividends or interest rate subsidies;

2) opening balance of liquidation, liquidation and program account from decommissioning has been carried out are subject to approval by the Commission of financial supervision;

3) the liquidator, not less than once a month, the Financial Supervisory Commission and creditors reports on the course of the liquidation;

4) division between shareholders (members) the assets remaining after the satisfaction and protection of creditors may not take place before the expiry of one year from the date of the last notice of the opening of winding-up.

Article. 155. [liquidation Report] 1. The liquidator shall have the right to request changes to the content of the obligations referred to in article 2. 152. It can be countered with claims of decommissioned bank debt resulting from a bank account even if its terms of repayment has not yet occurred.

2. On completion of the liquidation, the liquidator shall draw up a report and decommissioning them immediately to the Commission of financial supervision and the Court rejestrowemu a request for the deletion from the register of the Bank.

Article. 156. [Detailed conditions and the mode of acquisition or liquidation of the Bank, the appointment of the liquidator] Detailed the conditions and mode of acquisition or liquidation of the Bank and the appointment of the liquidator determines the decision referred to in article 1. paragraph 147. 1. 156a. [voluntary winding up of the Bank] 1. The general meeting may decide on the voluntary winding up of the Bank for reasons other than those referred to in article 1. 147. Before the start of the voluntary liquidation of the bank is obliged to inform you of the decision of the Financial Supervisory Commission and submit it for approval to the program. The recipe article. 154 section 3 shall apply mutatis mutandis.

2. the voluntary winding up of the Bank does not exclude the possibility for the Commission of financial supervision activities referred to in article 1. 142-145. 147. 157. 157. [Appeal of the liquidator] Financial Supervisory Commission may decide to appeal the liquidator appointed by the bank, if it is the liquidation of the Bank in such a way as to jeopardise the safety of cash collected in bank accounts. The Financial Supervisory Commission shall appoint the new liquidator.

Article. 157a. [action taken against a National Bank branch] If you take to a National Bank branch, a branch within the territory of another Member State the activities referred to in article 1. 142-145. 147. 157, the Commission shall inform the competent authorities without delay of financial supervision supervision of the host State.

Article. 157b [action taken against a foreign bank branch] If you take to a foreign bank branch operations referred to in article 1. 142-145. 147. 157, the Financial Supervisory Commission shall immediately inform the competent supervisory authorities of the host State, in whose territory the other branch of this bank.

Article. 157c. [winding up of a credit institution] 1. In the case of the competent supervisory authorities of the Member State actions aimed at the liquidation of the credit institution leading activity in the territory of the Republic of Poland, the Financial Supervisory Commission considers the measures to be taken by the competent authorities, on the basis of reciprocity.

2. the provision of paragraphs 1 and 2. 1 does not exclude the Commission's powers of financial supervision in relation to the branch of a credit institution in the cases referred to in article 1. 141a. the provision of article. 141a paragraph 1. 3A shall apply mutatis mutandis.

Article. 157d. [Certified copy of the judgment] 1. The liquidator or any other person designated by the competent supervisory authorities of the Member State to carry out the liquidation of the credit institution intending to perform actions on the territory of the Republic of Poland in relation to a branch of this institution, shall submit to the Financial Supervision Commission a certified copy of a judgment or decision on its establishment, together with a certified translation into Polish.

2. the persons referred to in paragraph 1. 1 shall be entitled to act only to the extent specified in the Act of their vocation. Where such Act does not contain specific provisions in this regard, the Financial Supervisory Commission determines in each case, by means of a decision, the scope of actions to be taken on the territory of the Republic of Poland. In any case, this person shall disclose the relevant records kept for the branch of credit institutions, the fact that the initiation of liquidation and its consequences.

Article. 157e. [effects of the opening of reorganisation measures] commencement of reorganisation measures in respect of a branch of a credit institution or its liquidation shall be appraised in accordance with the provisions in force in the home country, provided that the validity of the principle of reciprocity, with the following reservations: 1) employment contracts and relationships shall be governed by the laws of the Member State to which he was subject to the agreement;

2) contract conferring the right to acquire or use immovable property shall be evaluated according to the law of the Member State in which the property is situated, but also the right to prejudge the recognition of the things for the property;

3) of the law on immovable property, a ship or aircraft shall be governed by the laws of the Member State in which it is competent.

C. Bankruptcy Article Bank. 158. [suspension of the Bank's activities and the establishment of a receivership] 1. If according to the balance sheet drawn up at the end of the reporting period the Bank's assets are not sufficient to meet its liabilities, the Board of Directors of the Bank, the Board of the commissary or the liquidator shall without delay inform the Commission of financial supervision, which shall take a decision to suspend the Bank's activities and the establishment of the receivership, unless it was established previously, and at the same time decides its takeover by another bank, with the consent of the receiving bank , or to the competent court with an application for bankruptcy. Of the decisions, the Commission shall notify the financial supervision authority of a bank guarantee fund.

2. If, for reasons linked directly from the financial situation of the Bank regulates on its obligations in respect of funds referred to in article 1. 2 section 2 of the law on the bank guarantee fund, to depositors within the meaning of article 3. 2 section 1 of this Act, the Financial Supervisory Commission, within 5 working days from the date of the determination of the circumstances, shall decide on the suspension of the Bank's activities and the establishment of the receivership, unless it was established previously, and at the same time decides its takeover by another bank, with the consent of the receiving bank, or to the competent court with an application for bankruptcy. Of the decisions, the Commission shall notify the financial supervision authority of a bank guarantee fund.

3. in the case of a cooperative bank, the notification referred to in paragraph 1. 1, may be made by the Bank's Management Board Member who signed a contract with the zrzeszeniową farmers cooperative bank.

4. Decided to suspend the activities of the Bank and the establishment of the receivership and the takeover of the Bank or an instance of a request for bankruptcy financial supervisory Commission can take on its own initiative, if there is a notification referred to in paragraph 1. 1.5. The decisions referred to in paragraph 1. 1 and 2, shall be made available to the public by a notice in the official journal of the national and in the Gazette and the economy.

6. the decisions referred to in paragraph 1. 1 and 2, shall not be subject to appeal.

7. The Financial Supervisory Commission in accordance with article 4. 146 paragraph 1. 3 shall calculate the amount of remuneration, which shall be entitled to receivership. The costs for receivership recipe article. 146 paragraph 1. 3 shall apply mutatis mutandis.

8. the provisions of paragraphs 1 and 2. 1-5 shall apply by analogy to the branch of a foreign bank, which joined the Polish guarantee, except that: 1) the notification referred to in paragraph 1. 1, is obliged to make the Director of the branch;

2) in relation to a branch does not take a decision about the takeover by another bank with the consent of the receiving bank.

Article. 159. [effects of the suspension of the Bank's activities] 1. During the period of suspension for the bank: 1) does not regulate their obligations, with the exception of case-related reasonable expenses of the current activity, and does not carry on banking activities in addition to the collection of import duties and the execution of transfer orders on the Bills of the tax authorities in respect of the claims referred to in article 1. 55 paragraph 1. 1 of the law of 19 August 2011, payment services;

2) does not pay the excess of the carrying amount or the interest rate.

2. During the period of suspension in respect of the Bank cannot be initiated enforcement proceedings, and initiated earlier shall be suspended. The suspension is also the attachment of bank accounts held by the bank.

3. the conditions and the scope of the Bank's activities during the period of suspension for determine the decisions referred to in article 1. paragraph 158. 1 and 2.

Article. 160. (repealed).

Article. 161. (repealed).

Article. 162. (repealed).

Article. 163. (repealed).

Article. 164. (repealed).

Article. 165. (repealed).

Article. 166. (repealed).

Article. 167. (repealed).

Article. 168. (repealed).


Article. 169. [check-in in cash and pay directors] in connection with the winding-up in art. 138. 147, acquisition, or bankruptcy or receivership to the establishment of the Bank, the privileges of the members of the Bank's authorities concerning the payment of severance pay and remittances for the period after termination of the employment relationship shall be repealed.



Chapter 13 the criminal and civil liability Art. 170. [Executing banking operations without the permission of the] 1. Banking activities without a permit does not constitute grounds to charge interest rates, commissions, fees or other remuneration.

2. who received remuneration, Commission, fee or other remuneration for activities referred to in paragraph 1. 1, is obliged to return them.

Article. 171. [violations of provisions of the Act] 1. Who without authorisation is established consisting of the collection of cash other individuals, legal or organizational units without legal personality, in order to lend, lending cash or debit risk of these funds in any other way, shall be subject to a fine up to 5 0000 0000 dollars and to imprisonment for 3 years.

2. The same penalty shall be subject to, who, leading a gainful activity, contrary to the conditions set out in the Act, uses the name of the organizational unit that is not a bank or to determine its business or advertising words "bank" or "safe".

3. The same punishment are also subject to the Act may be referred to in paragraph 1. 1 or 2 acting on behalf of or in the interest of the legal person or organizational unit without legal personality.

4. who, having been required to provide information concerning notified bodies of the Bank and bank customers to the extent laid down in the Statute, the false or true zataja data, is subject to a fine and to imprisonment for 3 years.

5. who, being obliged to preserve banking secrecy, reveals or uses information constituting bank secrecy, in accordance with the mandate set out in law, is subject to a fine up to 1 0000 0000 dollars and to imprisonment for 3 years.

6. who, being responsible for ensuring the proper functioning of the internal control of the data and information required in connection with the exercise of supervision on a consolidated basis, or by providing information and explanations at the request of the financial supervision Commission, does not perform on it the obligation to either executes it deceptive or defaulted, is subject to a fine up to $ 1 0000 0000 or to imprisonment for 3 years.

7. Who is in charge of drafting or representation of the Financial Supervisory Commission consolidated financial statements or other reports related to supervision on a consolidated basis, does not perform on it the obligation to either executes it deceptive or defaulted, is subject to a fine up to 500 000 PLN or to imprisonment for 2 years.



Chapter 14 transitional provisions, changes in the rules in force and final provisions Art. 172. [obligation to increase the amount of own funds] 1. (omitted).

2. (omitted).

3. Bank spółdzielczy w zrzeszył, a member of the Bank, is required to obtain an increase in the sum of the own funds to a level of not less than: 1) the equivalent of 300 000 euros-up to 31 December 2001, calculated in dollars, according to the average exchange rate resulting from the exchange rates communicated by the Polish National Bank, at the end of the year preceding the year of achieving the required capital threshold;

2) the equivalent of 500 000 euros, to 31 December 2005, calculated in dollars according to the average exchange rate resulting from the exchange rates communicated by the Polish National Bank, at the end of the year preceding the year of achieving the required capital threshold;

3) the equivalent of EUR 1 0000 0000 is until 31 December 2010, calculated in dollars, according to the average exchange rate resulting from the exchange rates communicated by the Polish National Bank, at the end of the year preceding the year of achieving the required capital threshold.

Article. 173. (omitted).

Article. 174. (omitted).

Article. 175. (omitted).

Article. 176. [effect on the ongoing proceedings, winding-up and bankruptcy] of reorganisation proceedings, bankruptcy and winding-up commenced before the date of entry into force of the Act takes place from that date under the provisions of the Act.

Article. 177. [banks operating on the date of entry into force of the law] 1. Banks operating on the date of entry into force of the Act are the banks within the meaning of this Act and retain the powers and responsibilities to the extent that they are not conflict with it.

2. Banks with participation of foreign capital, operating on the date of entry into force of the law, they become banks involving foreign persons.

3. Paid-in foreign capital banks set up by foreign persons or with foreign individuals shall be converted into gold, according to the average exchange rate issued by the Polish National Bank on the date of entry into force of the law.

Article. 178. [the Bank acting without the permission of the] 1. The Bank, which began before the date of entry into force of the Act, referred to in article 14(2). 193, and does not have the authorization of the President of the Polish National Bank on the establishment of the Bank is authorised to carry out banking operations established in the Statute to the extent that they do not oppose the provisions of the Act.

1a. the Bank referred to in paragraph 1. 1, may carry out on the territory of the host State banking operations established in the Statute to the extent that they do not oppose the provisions of the Act.

2. In relation to the Bank referred to in paragraph 1. 1, rather than provided for in article 8(2). paragraph 138. 3 paragraph 4 and paragraphs 1 and 2. 6 the repeal of the authorisation for the creation of the Bank shall apply the decision on the prohibition of the exercise of some or all of the banking operations.

Article. 179. [exclusion of application of certain restrictions laid down by law] provided for in the law on restrictions on the acquisition and transfers of shares and contributions to another legal person, including the acquisition by banks shares and the conversion of claims on the debtor's components, do not apply in the course of the procedure laid down in the Act of 3 February 1993, the financial restructuring of companies and banks and to change certain laws (OJ No 18 , item. 82, as amended. d.).

Article. 180. (omitted).

Article. 181. [effect on contract] for contracts concluded by banks, including bank guarantees and sureties granted prior to the entry into force of the law, the former shall apply, subject to article 22. 152. 182. (omitted).

Article. 183. [evidence of the bearer in connection with contracts on the savings contributions] 1. Evidence of the bearer issued in connection with the savings contributions agreements concluded before the entry into force of the law will retain power until the expiration of these contracts unless the parties agree in advance turn them into a savings account agreement referred to in article 1. 50 paragraph 1. 2.2. The agreement, in which before 1 January 1998, includes evidence of the bearer, which have not been converted in accordance with paragraph 1. 1 shall expire on January 1, 2006, except that cash due under these agreements shall be returned to the holders of these evidences of interest rates, from 1 January 2006, the rate of cash collected savings accounts held at the Bank on the basis of the contracts concluded for an indefinite period.

Article. 184. (repealed).

Article. 185. (repealed).

Article. 186. (omitted).

Article. 187. (omitted).

Article. 188. (omitted).

Article. 189. (omitted).

Article. 190. (omitted).

Article. 191. (omitted).

Article. 192. (omitted).

Article. 193. [the provisions repealed] repealed the Act of 31 January 1989-Banking Law (Journal of laws 1992, no. 72, item 359 of 1993 No. 6, item 29, no. 28, item 127 and no. 134, item 646, 1994, no. 80, item 369 and no. 121, item 591, 1995, no. 4, item 18 and no. 133 , item. 654, 1996, no. 10, item. 61, no. 75, item. 357, no. 90, item. 406, no. 106, item. 496 and No 149, poz. 703 and 1997, no. 23, item. 117, no. 24, item. 119, no. 71, item. 449, no. 88, item. 554, no. 121, item. 769 and 770 and Nr 137, poz. 926), with the exception of the provisions of article 4. paragraph 121. 2 and 3.

Article. 194. [entry into force], the Act shall enter into force on 1 January 1998.



 

 

1) this Act shall be made in respect of its implementation of the regulation the following directives of the European Communities: 1) Directive 97/5/EC of 27 January 1997 on cross-border credit transfers (OJ. EC-L 43 of 14.02.1997);

2) Directive 98/26/EC of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ l. EC-L 166 of 11.06.1998);

3) Directive 1999/93/EC of 13 December 1999 on a Community framework for electronic signatures (OJ. EC-L 13 of 19.01.2000);

4) of Directive 2000/12/EC of 10 March 2000 relating to the taking up and pursuit of the business of credit institutions (OJ. EC-L 126 of 26.05.2000);

5) of Directive 2000/28/EC of 18 September 2000 amending Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions (OJ. EC-L 275 of 27.10.2000);

6) of Directive 2000/46/EC of 18 September 2000 on the taking-up and pursuit of the business of electronic money institutions and the prudential supervision of their activities (OJ. EC-L 275 of 27.10.2000);

7) Directive 2001/24/EC of 4 April 2001 on the reorganisation and winding-up of credit institutions (OJ. EC-L 125 of 05.05.2001).

The data relating to the Declaration of the European Union legislation, in this law-the day of the Republic of Poland's membership of the European Union-relate posts these acts in the official journal of the European Union-Special Edition.


[1] currently: the proper Minister of the Treasury, pursuant to article 18. 4. paragraphs 1 and 2. 1, art. 5 paragraph 19 and article. 25 of the Act of 4 September 1997 on organization of the Government Administration (OJ 2007 No. 65, poz. 437; ost –: OJ with 2012. poz. 951), which entered into force on 1 April 1999.

[2] currently: the national court register, pursuant to article 18. 86 of the Act of 20 August 1997, of the national court register (OJ 2007 No. 168, poz. 1186; ost –: OJ 2011 No 232, poz. 1378), which entered into force on 1 January 2001.

[3] currently: the Minister responsible for the Affairs of financial institutions, pursuant to article 18. 4. paragraphs 1 and 2. 1, art. 5 points 7. 12 of the law of 4 September 1997 on organization of the Government Administration (OJ 2007 No. 65, poz. 437; ost –: OJ with 2012. poz. 951), which entered into force on 1 April 1999.

[4] Article. the following 51 established by art. 4 paragraph 1 of the law of 11 July 2014, amending the law-the law of geological and mining and certain other laws (OJ reference 1133). The amendment entered into force on 1 January 2015.

[5] Article. 51c added by art. 4 section 2 of the Act of 11 July 2014, amending the law-the law of geological and mining and certain other laws (OJ reference 1133). The amendment entered into force on 1 January 2015.

[6] on the basis of article. 4 of the Act of 29 July 2011. amending the law-Banking Law and certain other laws (Journal of laws No 165, poz. 984) in the case of loans or cash loans entered into by the borrower or the borrower prior to the entry into force of the Act (i.e., August 26, 2011) article. paragraph 69. 2 paragraph 4a shall apply in relation to these loans, or loans which are not fully paid up-to this part of the loan or loans, which remained to be paid. In this respect, the bank shall charge the applicable credit or loan agreement contract changes.

[7] on the basis of article. 4 of the Act of 29 July 2011. amending the law-Banking Law and certain other laws (Journal of laws No 165, poz. 984) in the case of loans or cash loans entered into by the borrower or the borrower prior to the entry into force of the Act (i.e., August 26, 2011) article. 75b shall apply in relation to these loans, or loans which are not fully paid up-to this part of the loan or loans, which remained to be paid. In this respect, the bank shall charge the applicable credit or loan agreement contract changes.

[8] on the basis of the judgment of the Constitutional Court dated 15 March 2011 (OJ l. No 72, item. 388) article. 95 paragraph 1. 1 in the wording given by the law of 26 June 2009 amending the law on registers and mortgaging and certain other laws (Journal of laws No. 131, poz. 1075), in the context of the article. 244 § 1 and article. 252 of the Act of 17 November 1964 – code of civil procedure (OJ l. No 43, item. 296, as amended), in part, in which gives effect to the official document accounting books with free and safeguarded the Bank with regard to the rights and obligations of the Bank operations in civil proceedings conducted to the consumer, is incompatible with article 2. 2, art. 32 paragraph 1. 1, first sentence, and article. 76 of the Constitution of the REPUBLIC and is not incompatible with article 4. 20 of the Constitution of the REPUBLIC.

[9] currently: circuit court, pursuant to article 18. 4 of the Act of 18 December 1998 amending the law is right about the general courts (OJ l. No 160, item. 1064), which entered into force on 1 January 1999.

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