Key Benefits:
ACT
of 29 August 1997
Banking law 1)
Chapter 1
General provisions
Article 1. [ Substantive Scope] The Act sets out the rules for the conduct of banking activities, the creation and organization of banks, branches and representations of foreign banks, as well as branches of credit institutions and the rules of supervision of bank supervision, remedial proceedings, the liquidation and bankruptcy of the banks.
Article 2. [ Bank] The Bank shall be a legal person established in accordance with the provisions of laws, acting on the basis of permits for the execution of banking activities which are at risk of the funds entrusted under any repayable title.
Article 3. [ Disclaimer of add-ons in name] The words 'bank' or 'cash' may be used in the name and for the determination of the activity or advertising of a bank only within the meaning of the Article. 2, except that:
1. this does not apply to business units using the words "bank" or "cash register", the activities of which are unambiguer that those entities do not perform banking activities;
2) the word "cash" can also be used in the name and for determining the business or advertising of a business unit which, on the basis of a separate law, collects savings and provides cash loans to natural persons associated with that entity.
Article 4. [ Definitions] 1. The terms used in the determination shall mean:
1) a national bank-a bank established in the territory of the Republic of Poland;
2. a foreign bank-a bank established in the territory of a country which is not a Member State;
3. an international financial institution, a financial institution of which the majority of its own capital belongs to the Member States of the Organisation for Economic Cooperation and Development or the central banks of such countries;
4) payment card-payment card within the meaning of the Act of 19 August 2011. on payment services (Dz. U. of 2016 r. items 1572);
5) electronic money-electronic money within the meaning of the Act of 19 August 2011. for payment services;
6) (repealed)
7. the financial institution, the financial institution referred to in Article 3 (1), 4 par. 1 point 26 of Regulation (EC) No 575/2013;
(8) the parent undertaking:
(a) the parent undertaking referred to in Article 4 par. 1 point 15 of Regulation (EC) No 575/2013, or
(b) an entity which, in the assessment of the Financial Supervision Authority, may otherwise have a significant impact on another entity;
9) a subsidiary-a subsidiary referred to in art. 4 par. 1 point 16 of Regulation (EC) No 575/2013;
(10) financial holding-a group of entities in which the original parent is a financial institution which is not a dominant non-regulated entity within the meaning of the Article. 3 point 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 a financial conglomerate (Dz. U. of 2016 r. items 1252), hereinafter referred to as "the Supplementary Surveillance Act", and the group consists exclusively of or in most banks, credit institutions or financial institutions, with at least one subsidiary being a national bank, a foreign bank or a credit institution;
(11) mixed holding: a group of entities in which the original parent entity is a non-bank, a credit institution, a financial institution, or a dominant non-regulated entity within the meaning of Article 3 (1) of the Financial Regulation. 3 point 5 of the Law on supplementary supervision, and at least one subsidiary is a national bank, a foreign bank or a credit institution;
(11a) foreign banking holding-a group of entities in which a foreign bank or a credit institution is the original parent, and at least one subsidiary is a national bank, a foreign bank, a credit institution or the financial institution;
11b) holding a national banking group of entities:
(a) in which the original parent is a national bank, or
(b) which consists of: a national bank and its closely related entities;
11c) a hybrid holding-a group of entities in which the original parent is a financial institution which is not a dominant non-regulated entity within the meaning of Article 3 (1) of Regulation (EC) No 166tive 3 point 5 of the supplementary supervision act and the group shall be composed in most entities other than national banks, foreign banks, credit institutions or financial institutions, and at least one subsidiary is a bank national;
12) ancillary banking services company-ancillary services company referred to in art. 4 par. 1 point 18 of Regulation (EC) No 575/2013;
(13) the competent supervisory authority, the competent authorities referred to in Article 3 (1), 4 par. 1 point 40 of Regulation (EC) No 575/2013;
14) significant influence-the ability to participate in decision-making in determining the directions of financial and operational policy, including on the distribution of profit or coverage of the balance sheet loss of another entity;
15. close links:
(a) the close links referred to in Article 4 par. 1 point 38 of Regulation (EC) No 575/2013, or
(b) a stay with another entity in an economic relationship based on permanent cooperation, in particular arising from a contract or contract concluded, which may have a significant impact on the financial situation in the assessment of the Financial Supervision Commission one of the entities;
16) the entities related to the capital or organisation-a group of connected clients referred to in art. 4 par. 1 point 39 of Regulation (EC) No 575/2013;
16a) entrepreneur-entrepreneur referred to in art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.);
16b) foreign entrepreneur-foreign entrepreneur within the meaning of art. 5 point 3 of the Act referred to in point 16a;
(17) credit institution-the institution referred to in Article 4 par. 1 point 1 of Regulation (EC) No 575/2013, established in a territory other than the Republic of Poland of a Member State;
18. the branch of the credit institution-the branch referred to in art. 4 par. 1 point 17 of Regulation (EC) No 575/2013, which is not a branch of a national bank or a branch of a foreign bank;
(19) branch of the national bank abroad-an organisational unit of a national bank performing on its behalf and on its behalf all or some of the activities resulting from the authorisation granted to the national bank, with all the organizational units the national bank concerned corresponding to those characteristics established in the territory other than the Republic of Poland of the State shall be considered as a single branch;
20) a branch of a foreign bank-an organization unit of a foreign bank performing on its behalf and on its behalf all or some of the activities resulting from the permit granted to it by the bank, with all the organizational units of the given the foreign bank corresponding to the above characteristics, created in the territory of the Republic of Poland, is considered to be one branch;
21) cross-border activity-execution by a credit institution on the territory of the Republic of Poland or by a national bank in the territory of the host state of all or some of the activities resulting from the granted consent, without the participation of a branch of that institution or bank;
(22) the home country of the Member State of origin referred to in Article 4 (2) of the EC 4 par. 1 point 43 of Regulation (EC) No 575/2013;
(23) Host State-the host Member State referred to in Article 4 par. 1 point 44 of Regulation (EC) No 575/2013;
24) (repealed)
25) the company of investment funds-the company of investment funds within the meaning of the Act of 27 May 2004. o Investment funds and the management of alternative investment funds (Dz. U. of 2014 items 157, of late. zm.), hereinafter referred to as the "Investment Funds Act";
26) securitisation fund-a securitisation fund within the meaning of the Investment Fund Act;
27) Sub-participation Agreement-the contract referred to in art. 183 (1) 4 Investment Fund Act;
28) (repealed)
29) (repealed)
29a) management company, the management company referred to in art. 2 point 10 of the Investment Fund Act;
29aa) managing EU-EU-managing body referred to in art. 2 point 10c of the Investment Fund Act;
29b) (repealed)
30) (repealed)
31) (repealed)
32) (repealed)
33) loan institution-the entity referred to in art. 5 point 2a of the Act of 12 May 2011. o consumer credit (Dz. U. of 2016 r. items 1528).
(33a) Internal methods-the internal ratings method referred to in Article 143 (1) 1 of Regulation No 575/2013, the method of internal models referred to in art. 221, art. 283 and Art. 363 of Regulation No 575/2013, the method of own estimates referred to in art. 225 of Regulation (EC) No 575/2013, the method of internal estimates referred to in Article 4 (1) of Regulation ( 259 ust. 3 of Regulation No 575/2013 and the method of advanced measurement referred to in Article 3 of Regulation (EC) No 575/2013. 312 ust. 2 of Regulation No 575/2013;
34) systemic risk-the risk referred to in art. 4 point 15 of the Act on Macro-prudential Supervision;
(35) a relevant bank, a bank relevant to the size, internal organisation and nature, scope and complexity of its activities, which:
(a) meets at least one of the following conditions:
-the shares of the bank are admitted to trading on a regulated market within the meaning of the Article. 15 para. 1 point 1 of the Act of 29 July 2005. marketing of financial instruments (Dz. U. of 2016 r. items 1636),
-the bank's participation in the banking sector's assets is not less than 2%,
-the bank's share of deposits in the banking sector is not less than 2%,
-the bank's participation in the bank's own funds is not less than 2%; or
(b) has been recognised as such by the Financial Supervision Commission;
36) a Member State-a Member State of the European Union;
37) The Act on Macro-prudential Supervision-Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Dz. U. Entry 1513 and 2016 items 996);
38) Regulation No 575/2013-Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 (EU) on prudential requirements for credit institutions and investment firms, amending Regulation (EU) No 648/2012 (Dz. Urz. EU L 176, 27.06.2013, p. 1, from late. zm.).
2. For the holding of the holding referred to in paragraph 2. 1 points 10-11a, 11b lit. (a) and in point 11c, shall also be considered as having close links with the national holding bank.
3. The provisions of the Act concerning the Member States shall apply also to countries which are not Member States, but belonging to the European Economic Area.
4. The national bank and the foreign bank are the institution referred to in art. 4 par. 1 point 1 of Regulation (EC) No 575/2013.
Article 4a. [ Decision Of The Financial Supervision Commission] 1. The Polish Financial Supervision Authority expresses the assessment referred to in art. 4 par. 1 point 8 (a) (b) and point 15 (b), in the form of a decision. An entity recognised as a parent undertaking or an entity with close links with the bank may ask the Financial Supervision Commission to reconsider the case.
2. From the decision of the Financial Supervision Authority concluding a request for reconsideration of the case, the entity considered to be the parent entity or for an entity having close links with the bank may bring a complaint to the administrative court within 14 days of the date of service of the decision The application of the action shall not suspend the execution of the decision.
3. From the decision of the Polish Financial Supervision Authority on the evaluation referred to in art. 4 par. 1 point 15 (b), entitled to request a reconsideration of the case or to lodge a complaint with the administrative court, shall also be the bank.
Article 4b. [ Recognition as an important bank not fulfilling the conditions] The Financial Supervision Commission may, by decision, consider as a bank a major bank not meeting the conditions referred to in Article 3. 4 par. 1 point 35 (a),
1) the degree of complexity of the organizational structure of the bank;
2) the complexity of the IT systems used;
3) the complexity of the activities carried out by the bank;
4) identify the bank as a global systemically important institution or any other institution of systemic importance under the provisions of the Act on Macro-prudential Supervision.
Article 5. [ Banking actions] 1. Banking factors are:
1) to receive cash deposits on demand or with the arrival of a marked term, and to carry out the accounts of these contributions;
2) conducting other bank accounts;
(3) the granting of loans;
4. the provision and confirmation of bank guarantees and the opening and validation of letters of credit;
5) the issuance of bank securities;
6) conduct of bank accounts;
6a) (repealed)
7) execution of other activities provided exclusively for the bank in separate statutes.
2. Banking factors shall also be as follows, as long as they are executed by the banks:
1) the provision of monetary loans;
2) checks and bills and operations for which warrants are subject;
(3) the provision of payment services and the issuing of electronic money;
4) timely financial operations;
5) the acquisition and disposal of monetary claims;
6. storage of items and securities and making available safe deposit boxes;
7) conducting buying-in and selling of foreign exchange values;
(8) the provision and confirmation of guarantees;
9) the execution of commissioned activities related to the issue of securities;
(10) intermediation in the carrying out of transfers of funds and settlement in exchange of foreign exchange.
3. (repealed)
4. The economic activities of which the activities referred to in paragraph 1 are subject. 1, may be performed only by banks, subject to the paragraph. 5.
5. Organizational units other than banks may carry out the activities referred to in paragraph. 1, if the provisions of separate laws empower them to do so.
Article 6. [ Other actions allowed by banks] 1. In addition to carrying out the banking activities referred to in art. 5 par. 1 and 2, banks may:
1) include or acquire shares and rights from shares, shares of another legal person and units of participation in investment funds;
2) to enlist obligations relating to the issue of securities;
3) make the trading of securities;
4) make, under the terms agreed with the debtor, the exchange of receivables into the assets of the debtor;
5) acquire and dispose of real estate;
6) provide consultancy and advisory services on financial matters;
6a) provide trust services and issue electronic identification measures within the meaning of the trust service regulations;
7) provide other financial services;
8) perform other actions, if the provisions of separate laws entitle them to this.
2. The Bank shall be obliged to sell the assets referred to in the paragraph. 1 point 4, for a period not longer than 5 years from the date of acquisition.
3. The obligation referred to in paragraph. 2, does not rest with the bank, if the acquired assets are used to carry out their own banking activities.
Article 6a. [ Entruning the execution of an action] 1. The Bank may, by means of a contract concluded in writing, entrust the entrepreneur or the foreign entrepreneur, subject to Art. 6d, executing:
1) on behalf of and on behalf of the Bank for brokering in the activities listed in Art. 5 and 6, consisting of:
(a) the conclusion and amendment of the contracts of bank accounts referred to in Article 49 (1) 1, according to the model approved by the bank,
(b) the conclusion and modification of contracts of loans and cash loans granted to natural persons, including consumer credit within the meaning of the Act of 12 May 2011. about consumer credit,
c) concluding and amending agreements of loans and cash loans for micro-entrepreneurs and small entrepreneurs within the meaning of the Act of 2 July 2004. o freedom of economic activity,
(d) the conclusion and amendment of the settlement agreements on the repayment of loans referred to in point (a) (d) (d) (d) b and c,
(e) the conclusion and amendment of the arrangements for the establishment of the legal collateral for the loans referred to in point (e) b and c,
(f) the conclusion and amendment of contracts for a payment card to which the consumer and a micro-entrepreneur and a small trader within the meaning of the law referred to in point (c) are a party,
(g) the acceptance of payments, payments and handling of checks related to the establishment of bank accounts by that bank,
(h) the payment and acceptance of the repayments of loans granted by that bank;
(i) to accept payments to bank accounts carried out by other banks,
(j) to accept the execution of bank accounts of bank accounts by that bank,
(k) carrying out activities relating to the issuing and holding of securities and other securities, as well as the execution of other transactions relating to the issue and handling of securities,
(l) recovery of the bank's claims
(m) carrying out other activities, after obtaining the consent of the Financial Supervision Commission;
2) the factual activities related to banking activities.
2. The task of the bank to exercise the activities referred to in paragraph 2. 1 point 1 lit. a-j, occurs on the basis of an agency contract.
3. The implementation of the activities referred to in paragraph 3. 1, may not include:
1) management of the bank within the meaning of art. 368 § 1 of the Act of 15 September 2000 r. -Code of Commercial Companies (Dz. U. of 2016 r. items 1578 and 1579), hereinafter referred to as the "Code of Commercial Companies", and within the meaning of the Article. 48 of the Act of 16 September 1982. -Cooperative law (Dz. U. of 2016 r. items 21, 996 and 1250), hereinafter referred to as 'the Law-Cooperative Law', and in particular the management of the risk associated with the conduct of banking activities, including asset and liability management, credit assessment and credit risk analysis;
2) carrying out an internal audit of the bank.
4. The Polish Financial Supervision Authority may grant to the bank the permit referred to in paragraph. 1 point 1 (m), if the bank entrusting the execution of other activities is necessary for the conduct of banking activities in a prudent and stable manner or a significant reduction in the cost of that activity.
5. The application for authorisation referred to in paragraph. 1 point 1 (m), the bank annexes:
1) documents concerning the economic activity of the entrepreneur or the foreign entrepreneur who is to perform the entrusted activities;
2) the draft of the contract referred to in paragraph. 1, which is to be concluded with an entrepreneur or foreign entrepreneur;
(3) action plans to ensure continuous and uninterrupted operation within the scope of the contract;
4) a description of technical and organizational solutions, ensuring safe and proper execution of the entrusted activities, in particular the protection of the legally protected secret;
(5) a description of the risk management principles associated with the implementation of the exercise referred to in paragraph 1. 1.
6. To the proceedings on the application referred to in paragraph. 5, rule of art. 33 shall apply mutatis mutandis.
7. If the contract entrusts the exercise of the activities referred to in paragraph. 1, this provides, the entrepreneur or foreign entrepreneur referred to in the mouth. 1, may entrust another entrepreneur or foreign entrepreneur, by means of a separate agreement, the execution of:
1) specified in the contract concluded with the bank of activities for carrying out the main benefit resulting from this agreement, after obtaining the written consent of the bank, or
(2) entrusted by the bank in a single way, where, in the event of force majeure, they are not able to carry them out on their own, for the time necessary to remove the reasons why they cannot carry out these operations.
8. To entrust the exercise of activities in accordance with the paragraph. 7 point 2, the provisions of the paragraph. 2 shall apply mutatis mutandis.
9. The Minister responsible for financial institutions shall determine, by means of a regulation, a list of the documents referred to in paragraph. 5 point 1, taking into account the need to provide the Commission with financial supervision of access to the data necessary for the proper exercise of supervision, including the assessment of the fulfilment of the requirements for the authorisation of the undertaking by the undertaking or the undertaking to be entrusted with the exercise of the entrepreneur of foreign brokering in the field of certain activities.
Article 6b. [ Liability for damage caused to customers] 1. The liability of the entrepreneur or foreign entrepreneur referred to in art. 6a par. 1, to the bank for damage caused to the customers as a result of the non-performance or improper performance of the contract referred to in art. 6a par. 1 and 7, cannot be disabled or restricted.
2. The liability of the bank for damage caused to the customers as a result of the non-performance or improper performance of the contract, referred to in art. 6a par. 1 and 7, cannot be disabled or restricted.
Article 6c. [ Conditions] 1. The implementation by the bank of execution of permanent or periodic activities referred to in art. 6a par. 1, may occur if the following conditions are met:
1) a bank and an entrepreneur or foreign entrepreneur will hold action plans providing continuous and unimpeded pursuit of activities within the scope of the contract;
2. entrusts the exercise of the activities referred to in art. 6a par. 1 and 7, will not adversely affect the performance of the business bank in accordance with the provisions of law, prudent and stable bank management, the effectiveness of the internal control system at the bank, the possibility of performing duties by an auditor authorized to audit the bank's financial statements on the basis of the agreement concluded with the bank and the protection of the legally protected secret;
(3) the bank shall take account of the risks associated with the implementation of the exercise referred to in Article 3. 6a par. 1 and 7, in the risk management system.
2. The Bank shall notify the Financial Supervision Commission:
1) at least 14 days before the date of conclusion of the contract providing for the possibility of entrusting the exercise of the activities in accordance with art. 6a par. 7 point 2 of the trader referred to in art. 6d par. 1, or such an agreement providing that the entrusted activities will be carried out outside the territory of a Member State, of the content of such a contractual provision;
2) without delay-of entrusting the exercise of activities in accordance with art. 6a par. 7 point 2.
3. The Bank shall keep a record of the agreements referred to in Art. 6a par. 1 and 7, containing at least:
1) data identifying the entrepreneurs or foreign entrepreneurs with whom the agreements have been concluded entrusting the performance of the activities;
2) the scope of the entrusted activities and the place of their execution;
3) the duration of the contracts.
4. The Polish Financial Supervision Authority may request from the bank in particular:
1) the presentation of a copy of the contract referred to in art. 6a par. 1 or 7;
2. to provide an explanation for the implementation of the contracts entrusted with the exercise of the activities;
3. the presentation of the action plan referred to in paragraph 1. 1 point 1;
4) presentation of documents specifying the status of the entrepreneur or foreign entrepreneur with whom the bank has entered into an agreement;
5) to provide a description of technical and organizational solutions ensuring safe and proper execution of the entrusted activities, in particular the protection of the legally protected secret;
6. presentation of the principles of risk management associated with the implementation of the exercise of the activities referred to in art. 6a par. 1 and 7.
5. The Polish Financial Supervision Authority instructs the bank, by decision, to take action to amend or terminate the agreement referred to in art. 6a par. 1 or 7 if:
1) the execution of the contract threatens the prudent and stable management of the bank;
2) an entrepreneur or foreign entrepreneur who is a party to the contract has lost the required powers necessary for the execution of this contract.
6. From the decision of the Polish Financial Supervision Authority, referred to in paragraph. 5, the bank may lodge a complaint with the administrative court within 14 days from the date of service of the decision. The application of the action shall not suspend the execution of the decision. Article Article 127 § 3 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868, 996 and 1579), hereinafter referred to as the 'Code of Administrative Procedure', shall not apply.
7. The Polish Financial Supervision Authority may, without the need for prior reminder in writing, apply the measures laid down in art. 138 para. 3, where, within the prescribed period, the bank will not lead to the amendment or termination of the contract referred to in Art. 6a par. 1 or 7.
8. To the entrepreneur or foreign entrepreneur referred to in art. 6a par. 1 and 7, the provisions of art. 136 3 and Art. 141h ust. 1, 3 and 4 shall apply mutatis mutandis.
Article 6d. [ Application for authorisation] 1. Conclusion of the contract as referred to in art. 6a par. 1 or 7, with foreign entrepreneur not domiciled or not established in the territory of a Member State or a contract providing that the entrusted activities will be carried out outside the territory of a Member State, requires the authorisation of the Financial Supervision Commission granted at the request of the bank.
2. To the proceedings on the application referred to in paragraph. 1, the provisions of art. 6a par. 5 and art. 33 shall apply mutatis mutandis, subject to paragraph. 3.
3. In the case of the agreements referred to in:
1. 6a par. 7 point 1-the provisions of Article 1 6a par. Paragraph 5 (2) shall not apply;
2. Article 6a par. 7 point 2-the provisions of Article 4 6a par. Paragraphs 2 and 3 shall not apply.
4. The Polish Financial Supervision Authority may refuse to grant an authorisation or withdraw the permit, where:
1) there is a threat of breach of a legally protected secret;
2. in the State in which the entrusted activities are to be exercised, the applicable law prevents the Financial Supervision Commission from exercising effective supervision;
3) entrusting the performance of activities may adversely affect the business bank in accordance with the provisions of law, prudent and stable management of the bank, the effectiveness of the internal control system in the bank and the possibility of exercising duties by the auditor authorized to audit the bank's financial statements on the basis of the agreement concluded with the bank of the bank.
5. Article Recipe 6c shall apply mutatis mutandis.
Art. 6e. [ Delegation] The Minister responsible for financial institutions may determine, by means of a regulation, the detailed operating conditions of the risk-management system relating to the activities referred to in Article 4. 6a-6d, guided by the need to ensure that the risk-related risk-related risk is taken into account by the bank, as referred to in Article 6 (2) of the Regulation. 6a par. 1 and 7, in the risk management system, the regularity of the functioning of entities operating in the banking market, as well as the transparency, stability and security of this market.
Article 7. [ Declarations of will and documents drawn up using electronic media] 1. The certificates of will connected with the performance of banking activities may be submitted in electronic form.
2. Documents relating to banking activities may be drawn up on the IT data carriers, if these documents are properly formed, persisted, transferred, stored and secured. The services related to the security of these documents can be executed by banks, companies created by banks with other entities, as well as ancillary banking services companies.
3. If the Act reserves for legal action a written form, the act shall be deemed to have been carried out in the form referred to in the paragraph. 1, meets the requirements of the written form also when the form has been reserved under the rigorous annulment.
4. The Council of Ministers shall determine, by way of regulation, after consulting the President of the National Bank of Poland, the manner of creating, perpetuating, transferring, storing and securing, including by the use of electronic signature, documents, o referred to in paragraph 1: 2, so as to ensure the security of the market and protect the interests of banks and their clients.
Article 7a. [ Timely financial operations] For the timely financial operations referred to in Article 4 par. 1 point 7 lit. h and Art. 5 par. Point 4 of the agreements concluded by the bank or the financial institution shall not apply to gambling and to the provisions of the rules on gambling and the articles of the financial institution. 413 of the Act of 23 April 1964. -Civil Code (Dz. U. of 2016 r. items 380, 585 and 1579), hereinafter referred to as 'Civil Code'.
Article 7b. [ Form of declaration of will] Statements of intent relating to the operation of the activities referred to in Article 6 para. 1 point 6a, may be submitted in electronic form.
Article 8. [ Obligation to hold payment liquidity] The Bank shall be obliged to maintain payment liquidity adjusted to the size and type of business, in such a way as to ensure the execution of all monetary liabilities in accordance with the deadlines for their payment.
Article 9. [ Internal audit] 1. The bank operates a management system.
2. The management system constitutes a set of rules and mechanisms relating to the decision-making processes occurring in the bank and to the assessment of the conducted banking activities.
2a. The management system shall include the procedures for anonymous notification to the Member of the Management Board and, in specific cases, to the supervisory board of the bank, infringements of the law and of the procedures and ethical standards in force in the bank.
2b. Within the framework of the procedures referred to in paragraph 2. 2a, the bank shall ensure that workers who report breaches, protection at least against acts of repressive nature, discrimination or other types of unfair treatment.
3. Within the management system at the bank shall function at least:
1) a risk management system;
2) the internal control system.
Art. 9a. [ Audit objective] 1. The Management Board of the Bank shall design, implement and ensure the operation of the management system.
2. The supervisory board of the bank shall supervising the implementation of the management system and assess the adequacy and effectiveness of the system.
Article 9b. [ Surveillance] 1. The tasks of the risk management system shall be the identification, measurement or estimation, control and monitoring of the risks involved in the activities of the bank to ensure the regularity of the process of designation and the execution of the specific objectives pursued by the bank of activity.
2. Within the risk management system, the bank shall:
1) apply the formalised rules for the determination of the amount of risk to be undertaken and the risk management principle;
2) use formal procedures to identify, measure or estimate and monitor the risks involved in the bank's activities, also taking into account the projected level of risk in the future;
3) use formal limits to limit the risks and rules of conduct in the event of exceeding the limits;
4. use the adopted management reporting system to monitor the level of risk;
5) has an organisational structure adjusted to the size and profile of the risk bank.
3. The Bank shall exercise supervision of the risks associated with the activities of subsidiaries.
Art. 9c. [ Internal Audit Cell] 1. The purpose of the internal control system is to ensure:
1) the effectiveness and efficiency of the bank;
2) reliability of financial reporting;
3) compliance with the rules of risk management at the bank;
4) compliance of the bank with the provisions of law, internal regulations and market standards.
2. Within the internal control system, the bank shall extract:
1) the audit function aimed at ensuring compliance with control mechanisms concerning, in particular, the risk management of the bank, which includes the positions, groups of people or organizational units responsible for carrying out the tasks assigned this function;
2) a compliance cell with the task of identifying, assessing, controlling and monitoring the risk of non-compliance of the bank's activities with the provisions of law, internal regulations and market standards, and presenting reports in this respect;
(3) an independent internal audit cell to examine and assess, in an independent and objective manner, the adequacy and effectiveness of the risk management system and the internal control system, excluding the internal audit cell.
Art. 9ca. [ Obligation to draw up and apply a remuneration policy] 1. The Bank shall be required to draw up and apply a remuneration policy for the individual categories of persons whose professional activity has a significant impact on the bank's risk profile, including remuneration and discretionary pension benefits within the meaning of the Article. 4 par. 1 point 73 of Regulation (EC) No 575/2013, hereinafter referred to as 'remuneration policy'.
2. The Board of the Bank shall develop and implement a remuneration policy approved by the Supervisory Board.
3. The remuneration policy applied by the bank shall also include its subsidiaries, and shall take into account the remuneration policy applied by the parent undertaking in relation to that bank.
4. The Financial Supervision Commission collects and analyses the information published by the banks in accordance with art. 450 para. 1 litas g-g of Regulation (EC) No 575/2013 to monitor the trends and practices in the remuneration policies applied by the banks.
5. Bank, once a year, by the deadline of 31 January, shall submit to the Polish Financial Supervision Authority data on the number of persons referred to in the paragraph. 1 whose total remuneration in the previous year amounted to at least the equivalent of 1 000 000 euro, together with information on the positions occupied by these persons and the values of the main components of the remuneration, granted bonuses, prizes long-term and deducted pension contributions.
6. The Financial Supervision Commission shall provide the information and data referred to in paragraph. 4 and 5, the European Banking Authority.
(7) The equivalent in the euro of the remuneration referred to in paragraph 1. 5, shall be calculated according to the average euro exchange rate announced by the National Bank of Poland, valid on the last working day of the year for which the data are transferred.
Art. 9cb. [ Committee on Remuneration Matters and Committee for Risk] 1. In the bank, the following are important:
(1) the remuneration committee,
(2) the risk committee
-the members of which are appointed from among the members of the supervisory board of the bank.
2. The tasks of the remuneration committee shall be the opinion and monitoring of the remuneration policy adopted in the bank, and the support of the bank's bodies in the shaping and implementation of this policy.
3. In particular, the tasks of the Risk Committee shall be as follows:
1) to give an opinion on the bank's overall current and future risk-taking preparedness;
2) the opinion of the bank's management strategy of the bank's risk management strategy and the information provided by the Management Board regarding the implementation of this strategy;
3) support the supervisory board of the bank in overseeing the implementation of the risk management strategy in the bank's activities by senior management;
4) verification that the prices of liabilities and assets offered to customers fully take into account the business model of the bank and its risk strategy, and where those prices do not adequately reflect the risks according to this model and that the strategy, presenting proposals to the bank of the bank with a view to ensuring the adequacy of the prices of liabilities and assets to those risks.
4. The Bank shall provide the remuneration committee with access to information, resources and support necessary for the execution of its tasks, including the possibility for the Committee to use the services of external experts.
5. At the request of a bank that is not a valid bank, the Polish Financial Supervision Authority may agree to a merger of the Risk Committee with the audit committee referred to in art. 86 (1) 1 of the Act of 7 May 2009. about the experts and their local authorities, entities entitled to audit financial statements and on public supervision (Dz. U. of 2016 r. items (a), where at least one of the members of the supervisory board of a bank to be included in the combined committee fulfils the conditions of independence. To assess the fulfilment of the conditions of independence of the Article. 56 par. 3 points 1, 3 and 5 of the Act of 7 May 2009. of the expert reports and their self-government, the entities entitled to audit the financial statements and the public oversight shall be applied accordingly.
Art. 9cc. [ Documentation obligation, in such a way as to enable supervision to be exercised] The Bank shall document the systems and processes referred to in the provisions of the Act or of Regulation No 575/2013 and record the transactions in such a way as to enable the Financial Supervision Commission to exercise supervision over the compliance of the bank's activities with those provisions.
Art. 9f. [ Delegation] 1. The Minister responsible for financial institutions shall determine, by means of a regulation:
1) detailed way of functioning in the banks of the risk management system and the internal control system, including the mode of anonymous notification to the designated member of the management board or supervisory board of violations of the law and of the procedures and standards in force in the bank ethics, having regard to the need to ensure the effective functioning of the bank's statutory bodies and a sound approach to the undertaken risk in the field of business, as well as to ensure the effective functioning of the detection mechanisms violations;
2) the detailed scope of the remuneration policy and the way in which it is set, with a view to ensuring the proper functioning of the remuneration policy in the bank, including the elimination of the negative impact of the remuneration systems on risk management.
2. The Minister responsible for financial institutions may determine, by means of a regulation, how to limit the types and forms of non-monetary instruments in which, in accordance with the remuneration policy adopted, a variable component is paid remuneration, guided by the need to ensure the security and stability of the bank in the long term.
Article 10. [ Internal audit in cooperative banks affiliated to regional banks] 1. Internal control in the cooperative banks of affiliated banks may be carried out by a bank of association on the basis specified in the contract of association.
2. Where the cooperative bank or the cooperative banks are participants in the protection system referred to in art. 22b par. 1 of the Act of 7 December 2000. on the functioning of cooperative banks, their association and associations of associations (Dz. U. of 2015 items 2170 and of 2016 items 381 and 996), hereinafter referred to as 'the Act on the Functioning of the Cooperative Banks, their Association and Association Banks', the internal control referred to in Article 4 (2) of the Treaty on the Functioning of the European Union. 9c par. 2 point 3 and art. 9d par. 2 , it shall be executed in these banks on the basis of the arrangements laid down in the contract of protection.
Article 10a. [ Obligation of professional secrecy] 1. Chairman of the Polish Financial Supervision Authority, his deputies, members of the Financial Supervision Authority, employees of the Office of the Financial Supervision Authority and persons employed in the Office of the Financial Supervision Authority on the basis of a contract of work, contract of order or other agreements of a similar nature, shall be bound by the obligation of professional secrecy.
2. The professional secret referred to in paragraph. 1, they are all obtained or produced in connection with the exercise of banking supervision, the information which the granting, disclosure or confirmation of which could infringe the legitimate interest of the entities concerned, whether directly or indirectly concerning or obstruct the exercise of banking supervision.
3. The obligation referred to in paragraph. 1, there is also after the cessation of the legal relations referred to in the paragraph. 1.
4. Subject to paragraph. 5-8, does not prejudice the obligation referred to in paragraph. 1:
1. giving information to the competent supervisory authority for the purposes of the supervisory authority of those authorities;
(1a) provide information to the competent supervisory authorities for the purposes of the supervisory authorities of the capital market and on matters relating to the exercise of that supervisory authority, if the economic interest is not affected as a result of this The Republic of Poland, it is ensured that the use of the information provided is only for the purposes of supervision of the capital market or in matters relating to the exercise of that supervision, and it is ensured that the transfer of the information provided by the Republic of Poland is to be information other than the authority of the supervisory authority is possible only after prior authorisation the Financial Supervision Commission;
2) submission of a notice of suspicion of committing a criminal offence;
(3) the provision of information to the central bank in the European System of Central Banks to carry out its statutory tasks, including those relating to monetary policy and the provision of related liquidity, tasks relating to monetary policy and the provision of related liquidity, with the supervision of payment, clearing and settlement systems and tasks carried out in the event of a threat to the stability of the financial system;
4) to provide information to the competent supervisory authorities of the Member States concerned in the event of a threat to the stability of the national financial system and in the performance of international obligations of the Republic of Poland
5. giving the Financial Stability Committee referred to in the Act on Macro-prudential Supervision, the information necessary for the implementation of its statutory tasks;
6. the provision of the institutional protection systems referred to in Article 3. 113 (1) 7 of Regulation (EC) No 575/2013, the information necessary for the performance of their tasks;
(7) grant to the European Council for systemic risk, the European Banking Supervision Authority or the European Securities and Markets Authority the information necessary for the performance of their tasks, if such an obligation arises from the rules on the establishment and operation of those entities.
5. The provision of information constituting a professional secret, covering the scope of the banking secrecy, is possible only in the mode and on the basis specified for the provision of information constituting a banking secret.
(6) The sharing of the competent supervisory authorities of a Member State which is not a Member State of information constituting the professional secrecy of the competent supervisory authorities of a Member State may take place only if the protection of those Member States is ensured. information at least equivalent to that referred to in this Article.
7. Obtained from the competent supervisory authorities, the information constituting the professional secrecy of those authorities may be granted only after obtaining the consent of those authorities and for the purposes specified by that consent.
8. The consent referred to in the paragraph. 7, it is not required if the information received from the competent supervisory authorities of a Member State is transmitted to the competent supervisory authorities of other Member States or the provision of information is necessary for the purpose of exercising supervision bank.
9. Persons other than those mentioned in the mouth. 1 which has become acquainted with the information constituting professional secrecy, in particular in the cases referred to in paragraph 1. Article 4 (2) and (4) 7 and 8, they shall be bound by the obligation of professional secrecy, unless it is apparent from the separate provisions to continue to provide this information.
10. The provisions of the paragraph. 1-9 shall also apply to the information contained in the documentation taken over by the Polish Financial Supervision Authority as a result of the implementation of the agreement concluded on the basis of art. 71 (1) 2 of the Act of 21 July 2006. on the supervision of the financial market (Dz. U. of 2016 r. items 174, 615, 888 and 996).
Article 10b. [ Information on the imposition of a final administrative sanction] 1. The Polish Financial Supervision Authority shall make public, without undue delay, information on the imposition of a final administrative penalty, including the nature and nature of the breach of the law, together with an indication of the person's name and/or the company name (s) of the entity to which the sanction was imposed.
2. The information referred to in paragraph 1. 1, is posted on the website of the Financial Supervision Authority for a period of 5 years, counting from the date of its posting, with that indication of the name of the person for whom the sanction is imposed is posted for a period of not more than a year.
3. In the information referred to in paragraph. 1, the Financial Supervision Authority shall not give the name of the natural person, where the publication of such data:
1) would be a measure not proportionate to the gravity of the infringement;
2) would pose a threat to the stability of financial markets;
3) would jeopardise the conduct of criminal proceedings or proceedings in matters of treasury crime;
4. it would cause disproportionate damage to that person.
4. The Polish Financial Supervision Authority shall provide the European Banking Supervision Authority with information on the administrative penalties applied.
Article 11. [ Permits, authorisations, consented and decisions of the Financial Supervision Authority and the President of the NBP] 1. The provisions of the Code of Administrative Procedure shall apply mutatis mutandis to the decisions of the President of the National Bank of Poland on the granting of consent, unless otherwise provided in this Act.
2. Decisions of the Financial Supervision Authority on:
1) evaluation expressions,
2. Authorisation,
3) consent,
4) order the bank to change or terminate the contract,
(4a) prohibiting the exercise of voting rights from the shares of the national bank or exercising the powers of the parent undertaking,
5) order the sale of shares within the designated time limit,
6. refusal to send to the competent supervisory authority of the State of the notification,
7. refusal to notify the competent supervisory authorities of the host State,
8) prohibiting financial institutions from operating in the territory of the host country,
(9) to order the bank to withhold disbursements from profit,
10) order the suspension of the creation of new organizational units of the bank, the branch of the foreign bank or branch of the credit institution,
11) suspension in the activities of the members of the management board of the bank or financial institution,
12) limitation of the scope of activities of the bank, branch of the foreign bank or branch of the credit institution,
13) impose a financial penalty on a bank, a branch of a foreign bank, a branch of a credit institution or a financial institution,
14) liquidation of the bank or branch of a foreign bank,
(15) determine the extent of the powers of the liquidator or other person designated by the competent supervisory authority of the Member State to carry out the winding-up of the credit institution,
16) cancellation of a member of the management board or supervisory board of the bank,
17) impose on the members of the management board of the bank or financial institution and the authorities of the credit institution's branch of credit,
18) prohibiting granting or restricting the granting of loans and cash loans to shareholders (members) and members of the management board, the supervisory board and employees of the bank,
19) requests for the convening of an extraordinary general meeting,
20) (repealed)
20a) recommendations to the bank to comply with the additional liquidity requirements in accordance with art. 138 para. 1 point 1a,
21) recommendations to the bank to maintain an additional requirement for own funds in accordance with Art. 138 para. 1 point 2a,
22) establishment and cancellation of the curator,
23) the establishment of the Board of Commissioners,
24) the acquisition of the bank by another bank with the consent of the acquiring bank,
25) speeches to the Council of Ministers for the liquidation of the state bank,
26) the cancellation of the bank's liquidator designated by the bank,
27) suspension of the bank's activities,
28) recognition of a branch of a credit institution as relevant
-shall have the power of final administrative decisions and shall be subject to immediate implementation.
3. Unless otherwise provided by the law, the time limit for the opinion of the opinion shall be 30 days.
Article 11a. [ Exclusion of the provisions of Article 31 Of the Code of Administrative Procedure] The provisions of Article 1 shall not apply to proceedings before the Financial Supervision Commission pursuant to Chapter 12 of Part AA. 31 Of the Code of Administrative Procedure.
Article 11b. [ Delivery of letters] 1. Dormant writing in proceedings conducted under the provisions of Chapter 12 of Part AA may be followed by means of electronic communication within the meaning of art. 2 point 5 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. of 2016 r. items 1030 and 1579) to the e-mail address provided previously by the Financial Supervision Commission by the bank. The provisions of Article 4 (1) of 391 of the Code of Administrative Procedure does not apply.
2. The Bank, when taking up its activities, shall transmit within 14 days of the Polish Financial Supervision Authority an e-mail address for service in the proceedings referred to in paragraph. The first sentence, and also provides for itself the possibility of identifying at the electronic letterbox in the computerised system of the Financial Supervision Commission and signing official reception certificates as indicated in the art. 20a of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352 and 1579).
3. The Bank shall notify the Financial Supervision Commission of the change of the e-mail address referred to in paragraph. 1. In the absence of a notification by the Financial Supervision Commission of a change of e-mail address, the delivery of the letter to the e-mail address previously provided has a legal effect. To the proceedings referred to in paragraph 1. Article 1, first sentence, article 41 The Code of Administrative Procedure does not apply.
4. In the case of the establishment of the proxy, the power of attorney should specify the address of the e-mail for service. In the absence of the appointment of an e-mail address for service of the power of attorney, service of the letter to the e-mail address of the bank, which established the proxy, shall have legal effect. In the case of a change of the e-mail address specified in the mandate of the paragraph provision. 2 shall apply mutatis mutandis.
5. In the case of non-receipt of a letter in the form of an electronic document in the manner referred to in art. 46 § 4 point 3 of the Code of Administrative Procedure, the service shall be deemed to have been made after 2 working days from the date of dispatch of the notice referred to in Article 4. 46 § 4 of the Code of Administrative Procedure.
Chapter 2
Creation and organisation of banks and bank branches and representations
Article 12. [ Legal form of banks] Banks can be created as state-owned banks, cooperative banks or banks in the form of public limited liability companies.
Article 13. [ The founders of the bank] 1. The founders of a bank in the form of a joint-stock company may be legal persons and individuals, with the fact that the founders may not be less than 3.
2. The founders of a cooperative bank can only be natural persons in the number required for the establishment of the cooperative, defined by the Law-Co-operative Law.
3. Paragraph Recipe 1 shall not apply to a bank, the founder of which is the State Treasury, a national bank, a credit institution, a foreign bank, a national or foreign insurance undertaking, a national or foreign reinsurance undertaking or an international financial institution.
Art. 13a. [ Headquarters of the Management Board] The board of the bank operates and performs its functions at the premises specified in the bank's statutes.
Article 13b. [ Collection of information published by banks] The Financial Supervision Commission collects the information published by the banks in accordance with art. 435 par. 2 lithium c of Regulation (EC) No 575/2013 and uses them for comparative analysis of practices that ensure diversity in the composition of the bank's bodies. The information collected and the results of the analyses carried out by the Financial Supervision Commission shall be communicated to the European Banking Authority.
A. State banks
Article 14. [ Establishment of a state bank] 1. [ 1] The State Bank may be set up by the Council of Ministers by means of a regulation. In the same mode, the state bank is wound up.
1a. [ 2] The creation or liquidation of a public bank requires consultation of the Financial Supervision Commission, except in the case referred to in art. 147 para. 1 point 2.
2. The Regulation of the Council of Ministers of the formation of a state bank shall determine the name, seat, subject matter and scope of the bank's operation, its statutory funds, including funds distributed from the assets of the State Treasury, which become the bank's assets.
3. The State Bank shall not be subject to the entry into the National Court Register.
Art. 14a. [ The legal nature of the State bank] The State Bank is not a State enterprise, a State organisational unit, or a public finance sector entity within the meaning of separate provisions.
Article 15. [ Authorities of the State Bank] 1. The organs of the state bank are the supervisory board and the management board.
2. Members of the Boards or Supervisory Boards shall not engage in competitive activities. In particular, they may not be members of the management board or the supervisory board of another bank, unless the state bank is a shareholder of this bank.
Article 16. [ Supervisory Board] [ 3] 1. The supervisory board shall be appointed for a period of 3 years from among those with appropriate financial qualifications. The Chairman of the Supervisory Board appoints and refers the President of the Council of Ministers.
2. The members of the supervisory board shall be appointed by the President of the Council of Ministers from among persons who are not members of the Board of Directors of this bank. The appeal of the members of the supervisory board shall take place in the same mode as they were called.
Article 17. [ Chairman of the Board] 1. The President of the Management Board of the State Bank shall appoint and cancel the Supervisory Board.
2. The remaining members of the bank's board shall appoint and cancel the supervisory board, at the request of the President of the Management Board of the bank.
3. The appointment of the President of the Management Board and one member of the Management Board shall be followed with the approval of the Financial The provisions of Article 4 22b shall apply mutatis mutandis.
Article 18. [ Authority powers] 1. The Supervisory Board supervising the activities of the state-owned bank, approves the financial statements presented by the Management Board and the distribution of profit and manner of covering losses, and accepts reports on the bank's activities, grants to the management board of the bank recommendations and may suspend in the activities of the bank's management board members.
2. Subject to paragraph. 1, the board of directors of the bank shall consider matters concerning the activities of the bank and shall act in such cases resolutions, the execution of which shall be provided by the bank's chairman
3. The Supervisory Board repeals the resolution of the bank's management in the event of a finding of its non-compliance with the provisions of the law or the bank's statutes
4. The President of the Management Board of the State Bank represents the bank, chairs the bank's management board and organises the bank's activities.
5. The detailed scope of the activities of the Supervisory Board and the Management Board and the persons entitled to represent the bank shall determine the statutes of the state bank.
Article 19. [ Statute Bank Statute] [ 4] The statutes of the State bank shall, by way of regulation, give the President of the Council of Ministers, after consulting the Financial Supervision Commission, having regard to the need for efficient execution of the tasks by the State bank.
B. Cooperative banks
Article 20. [ Creation of cooperative bank] 1. The cooperative bank shall be a bank within the meaning of the Article. 2 point 1 of the Act on the Functioning of the Cooperative Banks, their association and the association banks.
2. The statutes of the cooperative bank under the rigorous of nullity should be drawn up in the form of a notarial deed.
Art. 20a. [ Cooperative bank] 1. The provisions of Article 1 shall apply mutatis mutandis to the cooperative bank. 22-22b and art. 22d, except that in the case of a cooperative bank affiliated with the association bank:
1) a member of the Management Board referred to in art. 22a (b) 4, is the President of the Board;
2) provision of art. 22a (b) Paragraph 6, point 1 shall not apply;
3) the provision of art. 22b applies only to the appointment of the President of the Management Board.
2. At the request of a cooperative bank affiliated to the bank of the Polish Financial Supervision Authority, the Polish Financial Supervision Authority may agree to extract the position of a member of the Management Board referred to in art. 22a (b) 4. Article Recipe 22b shall apply mutatis mutandis.
C. Banks in the form of joint-stock companies
Article 21. [ Create a bank in the form of a joint-stock company] The provisions of the Commercial Companies Code shall apply to the establishment and operation of a bank in the form of a joint-stock company, unless the provisions of the Act provide otherwise.
Article 22. [ Supervisory Authority] 1. The function of the supervisory authority shall be in the bank of a supervisory board consisting of at least five natural persons.
2. The members of the supervisory board of the bank shall appoint and cancel the general meeting, taking into account the assessment of the fulfilment of the requirements referred to in art. 22aa.
3. immediately after the appointment of the supervisory board and the change of its composition, the Bank shall inform the Polish Financial Supervision Authority of the composition of the supervisory board and the change of its composition and resulting from the evaluation referred to in paragraph. 2, information on the fulfilment by the members of the supervisory board concerned by the information, the requirements laid down in art. 22aa.
Article 22a. [ Bank Management Board] 1. The Board of the Bank shall consist of at least three natural persons appointed and dismissed by the Supervisory Board, subject to Art. 22b. The Supervisory Board shall, by appointing or cancelling the members of the management board of the bank, take into account the assessment of the fulfilment of the requirements referred to in Article 4. 22aa.
2. The Supervisory Board shall, as soon as the Management Board has been appointed and after having changed its composition, communicate to the Polish Financial Supervision Authority information on the composition of the Management Board and the change of its composition and resulting from the assessment referred to in the paragraph. 1, information on the fulfilment by the members of the Management Board of the requirements referred to in art. 22aa. The Supervisory Board shall also inform the Financial Supervision Commission of the approval and modification of the internal division of competences within the bank's management board.
3. Chairman of the Board shall direct the work of the Management Board The Governing Board shall be subject to an internal audit function.
4. In the management of the bank, the position of a member of the supervisory board or the position of the members of the Management Board supervising the management of the risk relevant to the bank's activities
5. The Board of Directors of the Bank shall determine, and the Supervisory Board shall approve the internal division of competences in the bank's management.
6. Within the framework of the internal division of competences within the bank's management:
1. the functions of the President of the Management Board and of the Member of the Management Board referred to in paragraph shall not be combined. 4;
2) the President of the Management Board of the bank may not be entrusted with the supervision of the area of activity of the bank presenting the risk significant in the activity of the bank;
3) the member of the management board of the bank referred to in paragraph. 4, it may not be entrusted with the supervision of the area of activity of the bank presenting the risk to which the management of the supervisory board supervises;
4) outside the competencies referred to in paragraph. 3 and 4, the powers of supervision of:
(a) the risk of a bank's failure to comply with legal provisions, internal regulations and market standards,
(b) the accounting and financial reporting area, including financial control.
Article 22aa. [ Members of the Management Board and the Supervisory Board] 1. The members of the management board and the supervisory board of the bank should have the knowledge, skills and experience appropriate to their functions and duties assigned to them, and to provide a guarantee of the proper performance of those duties.
2. The number of functions of a member of the management board or supervisory board held simultaneously by a member of the management or supervisory board of the bank should be dependent on the individual circumstances and the nature, scale and complexity of the bank's activity.
3. A member of the management board or supervisory board of a significant bank may perform at the same time not more than:
1) one member of the Management Board and two functions of a member of the Supervisory Board, or
2) four functions of a member of the Supervisory Board.
4. For one of the functions referred to in paragraph. 3, the following shall be considered:
1) the functions of a member of the management board or supervisory board held in entities belonging to the same group of capital within the meaning of art. 3 para. 1 point 44 of the Act of 29 September 1994. of accounting (Dz. U. of 2016 r. items 1047);
2) the functions of a member of the Management Board or the Supervisory Board, performed in:
(a) entities covered by the same institutional protection scheme meeting the conditions referred to in Article 3 (1) of the basic Regulation. 113 (1) 7 of Regulation (EC) No 575/2013, or
(b) entities in which the bank has a qualifying holding referred to in Article 4 par. 1 point 36 of Regulation (EC) No 575/2013.
5. The provision of the paragraph. 3 does not apply to functions performed by a member of the management board or supervisory board of the bank in entities not conducting business activity, as well as to the representatives of the State Treasury.
6. At the request of the Supervisory Board, the Financial Supervision Commission, taking into account in particular the scope, scale and complexity of the operation of the bank, may consent to the performance by a member of the Management Board or the supervisory board of a significant one an additional function of a member of the supervisory board beyond the limits laid down in paragraph. 3 and 4, if it does not jeopardise the proper performance by a member of the management board or of the supervisory board entrusted to it by the bank's duties. The Financial Supervision Commission shall inform the European Banking Authority of the conformity issued.
7. The members of the management board and the supervisory board of the bank shall be obliged to perform their functions in a fair and fair manner and to be guided by the independence of the judgement, in order to ensure effective evaluation and verification of the taking and enforcement of decisions related to the current bank management.
8. The Bank shall be required to provide the means necessary for the preparation of the members of the management board and of the supervisory board of the bank to carry out their duties and the means necessary for their training.
9. When selecting candidates for directors or supervisory boards of the bank, the competent authority of the bank shall take into account the features and competences relevant to the need to ensure the correctness of the tasks carried out by the management board or the supervisory board.
Article 22b. [ Appointment of two bank board members] 1. The appointment of the President of the Management Board of the bank and a member of the management board of the bank mentioned in art 22a (b) 4, as well as entrusts the function of a member of the management board of the bank referred to in that provision, the appointed member of the Management Board shall be subject to the approval of the Financial Supervision Commission. An application for consent shall be requested by the Supervisory Board.
2. The supervisory board of the bank, together with the request referred to in the paragraph. 1, it shall provide the information and statements of the persons referred to in that provision relating to the last 5 years relating to:
1) identification of these persons;
2) the knowledge, skills and experience of these persons, and in particular the education, the course of professional work and completed vocational training;
3) functions performed in the bodies of other entities;
4) the criminality of these persons, conducted against them criminal proceedings and proceedings in matters of treasury crime;
5) administrative sanctions imposed on those persons or other entities in connection with the scope of the responsibility of these persons;
6) legal proceedings, which may have a negative impact on the financial position of these persons, and administrative, disciplinary or enforcement proceedings in which these persons have occurred or occur as a party;
7) knowledge of the Polish language;
(8) other circumstances likely to affect the assessment of the fulfilment by those persons of the requirements laid down in Article 22aa.
3. The Polish Financial Supervision Authority refuses to express the consent referred to in paragraph. 1, if the person to whom the request for consent is concerned:
1) does not meet the requirements laid down in Art. 22aa;
2) was punished for a deliberate offence or a treasury crime, with the exclusion of crimes prosecuted from private prosecution;
3) has not fulfilled the obligation referred to in art. 138 para. 4a-in the case of a person serving as a member of the bank's management board
4) does not have a proven knowledge of the Polish language.
4. The Polish Financial Supervision Authority shall waive, by means of a decision issued at the request of the supervisory board of the bank, from the requirement of proven knowledge of the Polish language referred to in the paragraph. If this is not necessary for reasons of prudential supervision, taking into account, in particular, the level of risk tolerable or the scope of the bank's activities, this is not necessary.
5. (repealed)
(6) If the conditions laid down in the paragraph are not met, 3, the provision of the paragraph. 1 shall not apply to the appointment for another term of office of persons referred to in paragraph 1. 1 and to the appointment of the first bank of the bank of persons approved in the permit to create this bank.
7. The decision referred to in paragraph. 1, may set a time limit within which the appointment or assignment of the functions referred to in paragraph 1 should occur. 1. In the event of failure to do so, the decision shall expire. Article Article 162 § 3 of the Code of Administrative Procedure does not apply.
Article 22c. [ Protocol] 1. The protocol of the general meeting shall be drawn up in accordance with art. 421 Code of Commercial Companies and should contain:
1) the content of the requests submitted during the general meeting;
2) the name of the person submitting the application;
3) the name or company of the person on whose behalf the application was requested;
4) the decision on the application.
2. The protocol referred to in paragraph 2. 1, should be submitted to the Financial Supervision Commission within 14 days from the date of the end of the General Assembly.
Article 22d. [ Member of the Supervisory Board or Management Board not fulfilling the requirements] 1. In the event that a member of the supervisory board or the management board of the bank does not meet the requirements laid down in the Art 22aa, the Financial Supervision Authority may apply to the competent authority of the bank with a request for its appeal.
2. The Polish Financial Supervision Authority may suspend in the activities of a member of the supervisory board or the management board of the bank referred to in the paragraph. 1, pending the adoption by the competent authority of the bank of the resolution on the request for its appeal.
3. The Supervisory Board may delegate a member of the Supervisory Board, for a period of not more than three months, for the temporary execution of the task of the member of the Management Board, which has been suspended.
Article 25. [ Obligations of the buyer of the bank shares] 1. The entity that intends, whether directly or indirectly, to acquire or to cover shares or rights from the shares of the national bank in the number of attainment or exceeding 10%, 20%, one third, 50% of the total number of votes at the general level the Assembly or the participation in the share capital is required to notify the Financial Supervision Commission of its intention to acquire or subscribe to it. An entity that intends, directly or indirectly, to become the parent of a national bank in a manner other than that of the acquisition or acquisition of shares or rights from a national bank's shares in a number which provides the majority of the total number of votes at the general level The Commission shall, in any event, notify the Commission of the Financial Supervision Authority.
1a. The Bank, whose shares are admitted to trading on a regulated market, shall provide the Financial Supervision Authority with information on shareholders holding shares or rights from shares in the amount referred to in the paragraph. 1, containing the names or names of these shareholders and the number of shares or rights from shares, at least once every 12 months.
2. A parent undertaking in relation to the entity which is directly becoming the entity shall be considered to be the parent of a national bank, or indirectly acquiring or consisting of shares or rights, of a national bank. the parent of the national bank or acquires or covers shares or rights from the shares of a national bank directly, as well as the entity which takes action to make it a dominant entity in relation to the entity which is the entity the parent of the national bank either holds shares or rights from the shares of the national bank.
3. Where an entity that intends to:
1) directly to acquire or take stock of shares or rights from the shares of a national bank or become the parent of a national bank, is a subsidiary, the notice shall submit only that entity together with its original parent entity;
2) indirectly to acquire or embrace the shares or the rights of the shares of the national bank or become the parent of a national bank, is a subsidiary, the notice shall submit only its original parent.
4. The obligation of the notification referred to in paragraph. 1, also applies to:
1) pledge and user of shares, if according to art. 340 § 1 of the Code of Commercial Companies they are entitled to exercise the right to vote from shares;
2) the entity which obtained the right to vote at the general meeting at the levels specified in the paragraph. 1 as a result of events other than the coverage or acquisition of shares or rights from the shares of the national bank, in particular as a result of the amendment of the statutes or following the expiration of the preference or restriction of shares as to the right to vote, as well as the acquisition of shares or rights with the shares of the national bank in the number of attainment or exceeding the levels set out in the paragraph. 1 in the total number of votes at the general meeting or participation in the share capital as a result of the succession.
5. In the case referred to in paragraph. 4, the obligation to make a notification shall arise before the exercise of the right to vote on shares or the exercise of the powers of the parent undertaking in relation to the national bank The provisions of Article 4 25a-25n shall apply mutatis mutandis.
6. To the entities referred to in paragraph. 4, the provisions of the paragraph. 2 and 3 shall apply mutatis mutandis.
7. The provisions of the paragraph. 1-6 and 9 shall apply mutatis mutandis in the case where two or more entities act in an agreement, the subject of which is the exercise of voting rights from shares at the levels specified in the paragraph. 1 or exercise of the powers of the parent of a national bank.
8. In the case of an action in the agreement referred to in paragraph. 7, the notification shall submit all the parties to the agreement together.
9. The provision of the paragraph. 1 shall not apply where the acquisition or acquisition of shares of a national bank is carried out by a national bank, a credit institution, a brokerage house or an investment firm established in the territory of another Member State, in the performance of the contract of the investment sub-issue as referred to in the Act of 29 July 2005. public offering and conditions for the introduction of financial instruments to an organised trading system and on public companies, if:
1) the rights of the shares are not exercised in order to interfere with the management of the national bank and
2) shares of the national bank will be disposed of during the year from the date of their acquisition or coverage.
Article 25a. [ Transmission of information about shares held directly or indirectly by shares or rights from the shares of the national bank, the content of the notification] 1. The subject of the notification referred to in art. 25 par. 1, it shall communicate with the notice of the direct or indirect holding of shares or rights from the shares of the national bank referred to in Article 25 par. 1, as well as of the parent entities of this entity and concluded by that body of agreements and of the entity's remaining in fact or in law enabling other entities to exercise the rights of the shares of the national bank or exercising the powers of the parent of a national bank.
2. The subject referred to in paragraph 2. 1, indicate in the notice of the implementation of the intention to which the notification relates, and submit evidence indicating the existence of the intention to be notified, in particular the relevant agreement or agreement, and where the intention is to be executed on a regulated market, a relevant statement in this respect.
3. In the case where the reporting agent is:
(1) an insurance undertaking, a reinsurance undertaking, a credit institution, an investment firm, a management company or an EU managing company authorised to carry out an activity in the territory of a Member State, or
(2) a parent undertaking or an entity similar to that of an insurance undertaking, a reinsurance undertaking, a credit institution, an investment firm, a management company or a manager of the EU who has obtained a permit to exercise activities in the territory of a Member
-the notification shall include appropriate information in this respect, indicating in particular the name and establishment of the insurance undertaking, the reinsurance undertaking, the credit institution, the investment firm, the management company or the management company of the EU concerned. in point 2; if the circumstances set out in points (1) and (2) do not take place, the notification shall include an appropriate statement in that regard.
Article 25b. [ Range of information to be provided] 1. The subject of the notification referred to in art. 25 par. 1, submit with the notification the information concerning:
1) the identification of the notifying party, the persons managing his business and the persons intended to take up the functions of the members of the management board of the national bank-provided that the reporting agent plans changes in this regard;
2) the identification of the national bank referred to in art. 25 par. 1;
3) the professional, economic or statutory activity of the notifying party and the persons referred to in point 1, and in particular the subject matter of the activity, the scope and place of its conduct and the existing its course, as well as the education held by the reporting agent, being the natural person, and the persons referred to in point 1;
4) the group to which the reporting agent belongs, and in particular its structure, its affiliated entities, legal and factual capital, financial and personal links with other entities;
5) the economic and financial situation of the entity making the notification;
6) sentencing for a crime or a treasury offence, proceedings conditionally decommitted, and completed punishing disciplinary proceedings, as well as other completed administrative and civil proceedings, concerning the storer the notification or persons referred to in point 1 that may have an impact on the assessment of the applicant in the light of the criteria laid down in Article 4 (1) of the Regulation. 25h ust. 2;
7) ongoing criminal proceedings for a deliberate offence-excluding crimes prosecuted from private prosecutions-or proceedings in a tax offence, as well as other pending administrative, disciplinary and/or criminal proceedings the civil, which may have an impact on the assessment of the reporting entity in the light of the criteria set out in Article 25h ust. 2, and carried out against the notifier or to the persons referred to in point 1 or proceedings relating to the activities of that entity or of such persons;
(8) actions for the acquisition or placing of shares or rights from shares in a number which ensures that the levels set out in the Article are reached or exceeded. 25 par. 1 or become the parent of a national bank and, in particular, the target share of the total number of votes at the general meeting of the national bank, related to this share of the powers, the way and the sources of the financing of the acquisition or the taking up of shares or the rights of shares concluded in connection with those activities of the agreements and the operation in consultation with other entities;
9) intentions of the notifying party in relation to the future activities of the national bank, in particular in the scope of marketing, operational, financial and organisation and management plans, taking into account commitments, o which are referred to in art. 25h ust. 3.
2. Information in terms of qualifications and professional experience, as well as information in the scope specified in the paragraph. 1 points 6 and 7 are not required in respect of the notifying party and the persons managing his business, if the reporting agent is a national bank, a credit institution, an insurance undertaking, a reinsurance undertaking, a brokerage house, an investment firm, a management company or the managing company of the EU which has been authorised to carry out its activities in a Member State, provided that this circumstance is demonstrated in the notification.
3. The Minister responsible for financial institutions shall determine, by means of a regulation, documents to be attached to the notification in order to present the information referred to in the paragraph. 1, with a view to ensuring the proportionality of the information requested, depending on the intended effect of the notifying party on the management of the national bank.
Article 25c. [ Language of the notice and attached documents] 1. The notice and attached documents should be made in Polish or translated into Polish. The translation should be made by a sworn translator or the competent Consul of the Republic of Poland.
2. The official documents before translation should be legalized by the Consul of the Republic of Poland. The obligation of legalization shall not apply if the international agreement, of which the Republic of Poland is a party, provides otherwise.
Article 25d. [ Statement of required information in place of documents] In duly justified cases, in particular where the law of the competent country does not provide for the preparation of the required documents, the reporting agent or the person concerned may, in place of those documents, make a statement, containing the required information.
Art. 25e. [ Establishment of an agent for service in the course of the procedure for notification] 1. The subject of the notification referred to in art. 25 par. 1, domiciled or established outside the borders of the Republic of Poland, it is obligatory to establish in the territory of the Republic of Poland a proxy for service in the course of the proceedings on the notification.
2. In the event of failure to comply with the obligation referred to in paragraph. 1, the letters in the course of the proceedings shall be left in the file with effect of service, with the exception of the decision terminating the proceedings. The Financial Supervision Commission shall inform the reporting agent in writing of the effect referred to in the preceding sentence.
Article 25f. [ Occurrence KNF to provide information] Where the person making the notification referred to in Article 25 par. 1, is the entity referred to in art. 25a par. 3 (1) or (2), the Financial Supervision Commission shall request the competent supervisory authority to provide information within the scope set out in Article 3 (2). 25h ust. 2, in order to determine whether there is a condition referred to in art. 25h ust. 1 point 3.
Article 25g. [ KNF Competence in Notice] 1. The Polish Financial Supervision Authority shall, without delay after receiving the notification, but not later than within 2 working days, confirm in writing its receipt.
2. In the event of a statement of deficiencies in the notice or when the required information or documents are not attached to it, the Financial Supervision Authority shall invite the notifying party to complete these deficiencies within the prescribed period.
3. The Polish Financial Supervision Authority shall, without delay after receiving the information or documents in addition to the notification, but no later than 2 working days, confirm in writing their receipt.
4. The Polish Financial Supervision Authority, together with the confirmation of receipt of the notification and all the required information and documents, shall inform the notifying party of the date of expiry of the time limit for service of the decision on the object of the opposition in question in Article 25h ust. 1.
5. The Financial Supervision Commission may, before the end of 50. the working day of the time limit for service of the opposition decision, in writing to call upon the notifying party to provide additional necessary information or documents within 20 working days from the date of receipt of the call, and in the case of when:
(1) the place of residence or the place of residence of the person making the notification is situated in a non-member country or supervises the supervisory authorities of a non-Member State, or
2. the reporting agent is not subject to insurance supervision, supervision of the capital market or to banking supervision by the supervisory authorities of a Member State
-within the prescribed period, not less than 20 and not more than 30 working days from the date of receipt of the call, indicating the extent of the information requested or the documents requested.
6. In the case of the call referred to in paragraph. (5) A suspension of the time limit for service of the opposition decision shall be suspended from the date on which the call for information or documents is sent, but no longer than the expiry of the time limit for the transmission of information or documents.
7. The Commission of Financial Supervision in writing confirms receipt of the information or documents referred to in paragraph. 5, within no more than 2 working days from the date of receipt.
(8) In the event of further calls by the Financial Supervision Commission to provide additional information or documents, the time limits for the transmission of the information or documents referred to in paragraph 1 shall not apply. (5) These requests do not give rise to a suspension of the time limit for the service of the opposition.
Art. 25h. [ KNF's objection as to the acquisition or taking up of shares or rights from shares or as to become the parent of a national bank] 1. The Polish Financial Supervision Authority shall report, by decision, an objection to the acquisition or placing of shares or rights from shares or what to become the parent of a national bank, if:
1. the reporting agent has not completed the deficiencies in the notification or attached to the notification of documents and information within the prescribed time limit;
2) the complainant party has not submitted any additional information or documents requested by the Financial Supervision Commission within the time limit;
(3) It is justified by the need for prudent and stable management of the national bank, given the possible impact of the reporting agent on the national bank or the assessment of the financial situation of the notifying party.
(2) In the context of the assessment of the existence of the condition referred to in paragraph 1, In accordance with Article 1 (1) (3), the Financial Supervision Commission shall examine whether the reporting agent has shown that:
1) provides a guarantee of the exercise of its rights and obligations in a manner that adequately safeguards the interests of the clients of the national bank and ensures the security of the funds collected at the national bank;
2. the persons provided for in the bank of the positions of the members of the supervisory board and the management board meet the requirements laid down in the art. 22aa;
3) is in good financial condition, in particular with regard to the current range of activities carried out, as well as the impact of the implementation of the investment plans on the future financial situation of the entity making the notification and the future situation the financial national bank;
4) ensure the national bank's compliance with prudential requirements under the law, including the own funds requirements, liquidity standards, internal control, risk management and, in particular, that the structure of the group, which the bank will become a part of it will enable efficient supervision and an effective exchange of information between the competent supervisory authorities and the setting of the jurisdiction of those authorities;
(5) financial measures relating to the acquisition or acquisition of shares or rights from shares or taking other measures aimed at becoming a parent undertaking, 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 relation to the intended acquisition or acquisition of shares or rights from shares or taking other measures intended to become a dominant actor, there is no increased risk committing a crime, as well as the occurrence of other activities related to the introduction to the marketing of financial resources from illegal or undisclosed sources or terrorist financing.
3. In making the assessment referred to in paragraph. In particular, the Financial Supervision Authority shall take into account, in particular, the obligations of the entity relating to the national bank or prudent and stable management of the entity in connection with the proceedings.
4. The Polish Financial Supervision Authority may, within the period specified in art. 25i ust. 1, issue a decision stating that there are no grounds to raise objections, if it finds that the circumstances indicated in the paragraph are not present. 1.
5. Issuing the decision referred to in paragraph. 4, the Financial Supervision Commission may set a time limit for the acquisition or entry of shares or rights from shares or to obtain the powers of the parent of a national bank.
6. The term referred to in paragraph 5, may be extended ex officially or at the request of the person submitting the notice.
Art. 25i. [ Notification of the decision on the opposition] 1. The Commission of the Financial Supervision shall serve the decision on the opposition referred to in Article 4. 25h ust. 1, within 60 working days from the date of receipt of the notification and all the required information and documents, no later than 2 working days from the day of its issue.
2. The time limits provided for the service of the decision terminating the proceedings concerning the opposition shall be deemed to have been preserved if, before their expiry, the decision was given at the postal service of the operator designated within the meaning of the Act of 23 November 2012 r. -Postal law (Dz. U. of 2016 r. items 1113 and 1250).
Article 25j [ Conditions for the implementation of the notification plan] The notifying party may carry out its intention to notify if the Financial Supervision Authority does not deliver a decision on the opposition within the period of 60 working days referred to in Article 4. 25i ust. 1, or if, before the expiry of that period, the Polish Financial Supervision Authority will issue a decision declaring that there are no grounds for objection.
Article 25k [ The period of time when the administrative court has annulled the decision on opposition] Where the administrative court has annulled the decision on opposition, the time limit referred to in Article 4 (1) of the Rules of 25i ust. 1, shall run from the date on which the final judgment of the Administrative Court was served on the Financial Supervision Commission.
Article 25l. [ Acquisition or acquisition of shares or rights from shares, resolutions, national bank representation activities involving members of the management board in breach of the rules] 1. In the case of acquisition or placing of shares or rights from shares:
1) in violation of the provision of art. 25 par. 1 or
2) despite the notification by the Polish Financial Supervision Authority of the opposition referred to in art. 25h ust. 1, or
3) before the expiry of the period of entitlement of the Polish Financial Supervision Authority to the application of the objection referred to in art. 25h ust. 1, or
4) after the deadline set by the Polish Financial Supervision Authority for the acquisition or acquisition of shares or rights from the shares referred to in art. 25h ust. 5
-no voting rights may be exercised in those shares, subject to the provisions of Article 4 (1) of the 25m.
2. In the case of exercising the powers of the parent of a national bank:
1) in violation of the provision of art. 25 par. 1 or
2) in the case of the notification by the Polish Financial Supervision Authority of the objection referred to in art. 25h ust. 1, or
3) before the expiry of the period of entitlement of the Polish Financial Supervision Authority to the application of the objection referred to in art. 25h ust. 1, or
4) obtained after the expiry of the time limit referred to in art. 25h ust. 5
-members of the board of directors of the national bank appointed by the parent undertaking or members of the management board, public prosecutors or persons acting as managers in the parent undertaking may not participate in the bank's representation activities national; where it is not possible to determine which members of the management board have been appointed by the parent undertaking, the appointment of the management board shall be ineffective from the date of obtaining the powers of the parent of the national bank by that body, subject to the provisions of Article 4 (1) of the 25m.
3. The Resolutions of the General Assembly of the National Bank, taken in violation of the paragraph rule. 1 shall be invalid unless they meet the requirements of the quorum and the majority of the votes cast without taking into account the unexpired votes. In the cases referred to in paragraph 1. 1, the right to bring an action for annulment of the resolution of the general meeting shall also be entitled to the Polish Financial Supervision Authority. Article Recipe 425 of the Code of Commercial Companies shall apply mutatis mutandis.
4. National bank representation activities involving members of the board in violation of the provisions of the paragraph. 2 are invalid. Article Recipe 58 § 3 of the Civil Code shall apply accordingly.
5. In the case referred to in paragraph. 1 or 2, the Financial Supervision Authority may, by decision, order the disposal of the shares of the national bank within the prescribed time limit.
6. If the shares are acquired or covered in violation of the provisions of the paragraph. 1 or they shall not be disposed of within the time limit referred to in paragraph 1. 5, the Polish Financial Supervision Authority may impose on a shareholder of a national bank that is a natural person a penalty of up to PLN 20 000 000, and on a shareholder who is a legal person a penalty of up to 10% of the income shown in the last the approved financial statements, and in the absence of such a report, a financial penalty of up to 10% of the forecast revenue determined on the basis of the economic-financial situation of the shareholder. Where it is possible to determine the amount of the benefit achieved by the shareholder or the loss the shareholder has avoided as a result of the breach, the cash penalty may be set at a rate up to twice the benefit or loss. The Committee on Financial Supervision may also set up a board of directors at the national bank or annul the authorisation to create a bank and decide to liquidate the bank. The provisions of Article 4 145, art. 147 para. 3 and art. 153-156 shall apply mutatis mutandis.
7. The Financial Supervision Commission, setting the amount of the monetary penalty referred to in paragraph. 6, account in particular of the scope and gravity of the infringement, prior infringement of the provisions of the Act by the shareholder and its financial position.
8. Where the shareholder is a subsidiary, for the revenue referred to in the paragraph. 6, the revenue for the previous financial year resulting from the consolidated financial statements of the parent company at the highest level of consolidation shall be taken.
Art. 25m. [ Conditions for the repeal of the prohibitions] Where the interests of the clients of a national bank so require and the applicant shows that there is no indication of the condition referred to in Article 4 (1) of the Regulation, 25h ust. 1 point 3, the Financial Supervision Commission may, in particularly justified cases, by decision, issued at the request of a shareholder or the parent of a national bank, to repeal the prohibitions referred to in art. 25l par. 1 or 2. The applicant shall include the information referred to in Article 1. 25b par. 1.
Article 25n. [ Prohibition of exercising the right to vote from a national bank's shares or exercising the powers of the parent of that entity] 1. If it is justified by the need for 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 obtained directly or indirectly the right to exercise the vote on the general government the assembly at the levels specified in the art. 25 par. (1) either directly or indirectly, or in view of the possible impact of that entity on the bank, and in particular where it is found that the entity does not comply with the obligations referred to in Article 1 (1) of that Regulation. 25h ust. 3, or the obligations referred to in art. 30 par. 1b, the Polish Financial Supervision Authority may, by decision, prohibit the exercise of voting rights from the shares of the national bank held by that entity or exercise the powers of the parent undertaking of that entity. When assessing whether or not there is a condition for issuing that prohibition, the provisions of Article 4 25h ust. 2 and 3 and Article 3 30 par. 1b shall apply mutatis mutandis.
2. The decision of the general meeting of the national bank shall be invalid if, when it is taken, the voting rights of the shares in respect of which the Commission's Financial Supervision Authority has adopted the decision referred to in paragraph 2 have been made. 1, unless the resolution meets the requirements of the quorum and the majority of the votes cast without taking account of the invalid votes. The right to bring an action for annulment of a resolution shall also be entitled to the Commission for Financial Supervision. Article Recipe 425 of the Code of Commercial Companies shall apply mutatis mutandis.
3. If the Polish Financial Supervision Authority has issued on the basis of the paragraph. 1 decision on the prohibition of the exercise of the powers of the parent undertaking, the provisions of Article 1 25l par. 2 and 4 shall apply mutatis mutandis.
4. In the case of the decision referred to in the paragraph. 1, the Polish Financial Supervision Authority may, by decision, order the disposal of the shares within the prescribed period.
5. If the shares are not sold within the time limit referred to in paragraph. 4, the provisions of art. 25l par. 6 and 7 shall apply mutatis mutandis.
6. At the request of the shareholder or the parent entity, the Financial Supervision Commission repeals the decision issued on the basis of the paragraph. 1 if the circumstances justifying the adoption of that decision have ceased.
7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis in the case referred to in Article 3. 25 par. 7, to the entities party to the agreement referred to in that provision.
Article 25o. [ Acquisition or acquisition of shares or rights from the shares of a national bank-notification] An entity that has acquired, directly or indirectly, shares or rights from a national bank's shares, if they constitute, together with shares acquired or previously covered by a package which ensures that the threshold is reached or exceeded 5%, 10%, 20%, 25%, one third, 50%, 66% and 75% of the total number of votes at the general meeting or became the parent of a national bank, shall be notified to the bank without delay. The Bank shall notify the Financial Supervision Commission of the case referred to in the first sentence as soon as it has received such information. Where the statutes of a national bank provide for the preference or limitation of shares in voting rights, the notification should also apply to the share capital of the amount corresponding to the quantities set out in the first sentence and corresponding to the number of votes without privileges and limitations. The provisions of Article 4 25 par. 2-7 shall apply mutatis mutandis.
Art. 25p. [ The obligation to notify the KNF of the intention of direct or indirect disposal of the holding of the national bank's shares] 1. An entity that intends to direct or indirectly a package of shares of a national bank:
1) entitling to exercise more than 10% of the total number of votes at the general meeting,
2) as a result of the disposal of which the remaining holding of shares in its possession will entitle to perform less than 10%, 20%, one third and 50% of the total number of votes at the general meeting
-is required to notify the Commission of its intention to the Financial Supervision Authority. Where the statutes of a national bank provide for the preference or limitation of shares in voting rights, the notification should also apply to the share capital of the amount corresponding to the quantities set out in the first sentence and corresponding to the number of votes without privileges and limitations. An entity that has become, directly or indirectly, a parent of a national bank in a manner other than that of the acquisition or acquisition of shares or rights from a national bank's shares in a number which provides the majority of the overall number of votes at the general meeting, is obliged to notify the Financial Supervision Commission of its intention to take action to lose the status of the parent undertaking. The provisions of Article 4 25 par. 2-7 shall apply mutatis mutandis.
2. The Bank shall notify the Financial Supervision Commission of any transfer of shares or loss of the status of the parent undertaking referred to in paragraph 1. 1, immediately after such information has been obtained.
3. In the event of a breach of the obligation referred to in paragraph. 1, the provisions of art. 25l par. 6 and 7 shall apply mutatis mutandis.
Art. 25r. [ Relevant application of the provisions] Obligations referred to in Article 25o and art. 25p ust. 1, shall apply mutatis mutandis in the case of the acquisition and disposal of convertible bonds on the shares of the national bank, the deposit receipts, as well as other securities from which the law or obligation to acquire the shares of the national bank is apparent.
Art. 25s. [ Adequate application of the rules to cooperative banks which are cooperatives of legal persons] The provisions of Article 4 25-25r shall apply mutatis mutandis to cooperative banks which are cooperatives of legal persons whose statutes provide, other than those referred to in Article. 36 § 3, first sentence, of the Act-Cooperative law, the principle of determining the number of votes to be granted to members.
Article 27. [ Acquisition of shares by a subsidiary] 1. The acquisition or holding of shares by a subsidiary shall be considered to be the acquisition or holding of shares by the parent entity.
2. The provisions of this Act do not violate the provisions of Chapter 9 of the Act referred to in art. 4 par. 1 point 8.
Article 28. [ Bank shares] 1. Shares of banks, excluding dematerialised shares in accordance with the provisions of the Act of 29 July 2005. on the trading of financial instruments, are imitation shares. In the period of the year, counting from the date of entering the bank into the register of entrepreneurs, the disposal of registered shares by the shareholders requires the authorisation of the Polish Financial Supervision Authority.
2. In the event of the exclusion of the bank's shares from trading on a regulated market or the abolition of the dematerialisation of the bank's shares in accordance with the provisions referred to in the paragraph. 1, bearer shares shall be converted into roll-call shares.
3. To the shares of the national bank covered by the founder in the case referred to in art. 42a, the provisions of Article 4 shall not apply. 336 § 1 and 2 of the Commercial Companies Code.
Article 29. (repealed)
D. Proceedings in the creation of banks
Article 30. [ Bank Creation Conditions] 1. The creation of a bank may take place if:
1) the equipment of the bank was provided in:
(a) own funds, the size of which should be adapted to the type of banking activities provided for the execution and size of the intended activities,
(b) premises with appropriate technical equipment, duly safeguded in the value bank, taking into account the scope and type of banking activities carried out;
2) the founders give a guarantee of prudent and stable management of the bank, the persons provided for the placing in the bank of the positions of the members of the supervisory board and the management board meet the requirements laid down in art. 22aa, and the members of the Management Board referred to in art. 22a (b) 3 and 4, have proven knowledge of the Polish language;
3) (repealed)
4) submitted by the founders of the bank's business plan for a period of at least three years indicates that this activity will be safe for the cash collected at the bank.
1a. The Polish Financial Supervision Authority will depart, by means of a decision issued at the request of the founders, from the requirement of proven knowledge of the Polish language referred to in the paragraph. Article 1 (1) (1) (1) (1) (b) (1) (b) of the European Central Bank (2) of the European Central Bank of the European Union (2),
1b. In the procedure for authorising the establishment of a bank to assess the fulfilment by the founders of the guarantee requirement referred to in paragraph 1 (b) of the procedure referred to in paragraph 1 (b) of the first subparagraph In particular, the Financial Supervision Authority shall take into account the criteria set out in Article 1 (2). 25h ust. 2 and the obligations of the founders in connection with the proceedings concerning the bank to be created or the prudent and stable management of the bank.
2. Part of the initial capital may be contributed in the form of non-cash contributions in the form of equipment and immovable property, if they will be directly useful in conducting banking activities, with that of the founding capital contributed in the form of The monetary policy may not be lower than the amount specified in the Article. 32 par. 1, and the value of contributions of non-cash contributions shall not exceed 15% of the initial capital.
3. (repealed)
4. The Polish Financial Supervision Authority may, in particularly justified cases, agree to exceed the limit referred to in paragraph. 2.
5. The founding capital of the bank may not come from a loan or credit, or sources of undocumented.
Article 30a. [ Permit] The bank in the form of a joint-stock company and a cooperative bank may be created after obtaining the permission of the Financial Supervision Commission.
Article 31. [ Application for authorisation to create a bank] 1. The application to the Polish Financial Supervision Authority for the issuance of a permit for the creation of a bank should contain:
1) determination of the name and seat of the bank;
2) determination of the banking activities to which the bank is to be authorised, and the data on the subject and scope of the intended activity;
3. data on:
(a) the founders and persons covered by the positions of the members of the management board and of the supervisory board,
(b) the founding capital.
2. The application shall be accompanied by:
1) draft statutes of the bank;
2) a programme of activities and a financial plan of the bank for a period of at least three years;
3) the documents concerning the founders and their financial situation, including the statements made by them in this regard;
(3a) the documents referred to in Article 82 ust. 2 points 2 to 5 and 7 of the Law of 29 July 2005. marketing of financial instruments corresponding to the scope of the activities referred to in Article 69 par. 2 points 1 to 7 of this Act, which the bank intends to carry out in accordance with art. 70 par. 2 of this Act;
4) the opinion of the competent supervisory authority of the applicant country of the applicant, if the founder is a foreign bank.
3. Draft of statutes referred to in paragraph. In particular, point 1 of point 1 shall specify:
1) a company which should contain an isolated word "bank" and differentiate itself from the names of other banks and indicate whether it is a state bank, a bank in the form of a joint stock company or a cooperative bank;
2. the location, subject matter and scope of the bank's activities taking into account the activities referred to in art. 69 par. 2 points 1-7 of the Act of 29 July 2005. the trading of financial instruments that the bank intends to carry out in accordance with art. 70 par. 2 of this Act;
3) bodies and their competences, with particular emphasis on the competence of the members of the Management Board referred to in art. 22b par. 1, and the decision-making principles, the basic organisational structure of the bank, the rules for making declarations in terms of property rights and obligations, the mode of issuing internal regulations and the mode of making decisions about the commitment of liabilities or a Regulation of assets whose total value in relation to one entity exceeds 5% of own funds;
4) the rules of operation of the management system, including the internal control system;
5) own funds and financial economy rules.
4. If the request for authorisation to create a bank occurs more than 10 founders, they are obliged to establish 1-3 representatives, who will represent them to the Polish Financial Supervision Authority during the period prior to the issuance of the permit to create a bank. Power of attorney should be drawn up in the form of a notarial deed.
Art. 31a. [ Submission of statements] Statements referred to in Article 22b par. 2 and Art. 31 par. 2 point 3, shall be submitted under the penalty of criminal liability. The applicant shall be obliged to enter the following wording in the declaration: 'I am aware of the criminal responsibility for making a false declaration'. This clause replaces instructing the body of criminal responsibility for making false statements.
Article 31b. [ Delegation] The Minister responsible for financial institutions shall determine, by means of a regulation:
1) the detailed scope of the information referred to in art. 22a (b) 2,
2) documents to be attached to the application referred to in art. 22b par. 1, in order to present the information referred to in art. 22b par. 2,
3) a list of the documents referred to in art. 31 par. 2 point 3
-guided by the need to provide the Financial Supervision Authority with access to the data necessary for the proper exercise of supervision, including the assessment of the fulfilment of statutory requirements by the founders and members of the bank's bodies, and the examination of the financial situation founders.
Article 32. [ Minimum amount of initial capital] 1. Vworn by the founders of the bank, the founding capital, subject to the paragraph. 2, may not be lower than the equivalent in PLN 5 000 000 converted according to the average rate announced by the National Bank of Poland, in force on the day of issuance of the permit for the creation of the bank.
2. In the case of cooperative banks, whose founders have expressed their intention to enter into an association agreement, on the basis of the Act on the Functioning of cooperative banks, their association and the association banks, the initial capital may not be lower than the equivalent in PLN 1 000 000 converted according to the average rate announced by the National Bank of Poland, in force on the date of issuance of the permit for the creation of the bank.
3. The founding capital of a bank contributed in monetary form must be paid by the founders in the Polish currency to the bank account at the national bank, opened in order to make contributions to the bank's founding capital.
4. The cover of the full amount of the initial capital of the bank in the form of a joint-stock company and a cooperative bank should be made before the bank is entered in the relevant register.
5. The payment of the initial capital of the state bank, as well as the discharge from the assets of the Treasury other funds to cover the initial capital should be made before the state bank's submission to the Financial Supervision Authority of the application for a permit to commence business.
Article 33. [ The issuance of the decision to allow the establishment of the bank] 1. Financial Supervision Commission:
1) calls on the founders to supplement the application if it does not conform to the requirements laid down in art. 31, and may request supplementary data or documents relating, in particular, to the founders and persons provided for in the bank of the positions of the members of the Management Board, including the information on their property and family situation, if the information is necessary for the decision to issue a permit for the establishment of the bank;
2. within a period of not more than 3 months from the date of receipt of the application or supplementing it, it shall issue a decision on the authorisation of the establishment of the bank.
2. The Polish Financial Supervision Authority may, in justified cases, extend up to 6 months the time limit for issuing the decision referred to in paragraph. 1 point 2, informing the founders before the expiry of the period of 3 months from the date of receipt of the application or of its completion.
Article 34. [ The contents of the permit to create the bank] 1. In the permit for the formation of the bank, the Polish Financial Supervision Authority shall specify: the company of the bank, its registered office, the names of the founders and the shares covered by them, the amount of the initial capital, the activity which the bank is authorized to perform, and the conditions under which the Polish Financial Supervision Authority will allow the bank to start its business and approve the draft statutes of the bank and the composition of the bank's first management board.
2. The change of the bank's statutes requires the authorisation of the Polish Financial Supervision Authority, if it concerns matters mentioned in art. 31 par. 3 and the preference or limitation of shares in the form of a public limited company in the form of a public limited liability company and, in the cooperative society of the cooperative society, the rules for determining the number of voting rights of members other than those referred to in Article 3 (2) of the Rules of Law of the European 36 § 3 sentence of first law-Cooperative law.
2a. A permit to amend the statutes may specify the time limit within which the resolution should be adopted. In the event of failure to act within the prescribed period, the decision shall expire. Article Article 162 § 3 of the Code of Administrative Procedure does not apply.
3. To the application for authorization to amend the statute of the bank provision of art. 31 par. 2 pt. 3a and art. 33 shall apply mutatis mutandis.
Article 35. [ Participation of the Financial Supervision Commission in the registry proceedings] The Financial Supervision Commission may be a participant in the register proceedings concerning the bank.
Article 36. [ Permit to start of business] 1. The Bank may start its operations after obtaining the permission of the Financial Supervision Commission.
2. With the application for authorisation to start by the bank of the activity there is a management board of the bank.
3. A permit to start by a bank of activity shall be issued after stating that the bank:
1) is duly prepared for the organization to start operations;
(2) collect the initial capital in its entirety;
3. have adequate conditions for the storage of cash and other values, taking into account the scope and type of banking activities carried out;
4) meets the other conditions set out in the decision to issue the permit to create the bank.
3a. The Polish Financial Supervision Authority shall inform the European Banking Authority of the authorisation referred to in paragraph 1. 1, including information on its content.
4. The Bank shall notify the Bank Guarantee Fund of obtaining an entry in the National Court Register.
Article 37. [ Refusal to issue a permit to create a bank or change its statutes] The Committee on Financial Supervision refuses to grant authorisation to create a bank or to amend its statutes, if the requirements of the creation of the bank were not met or the bank's intended activities would be in breach of the laws, interests of the bank of the clients or would not guarantee the security of the funds collected at the bank or where the legislation in place at the place of the founder or residence of the founder or his/her association with other entities could prevent the effective exercise of supervision over the Bank.
Article 38. [ Loss Of Authorisations] Authorisations referred to in Article 34 par. 1 and in Art. 36 ust. 1, they shall be repealed if, within one year of the authorisation of the establishment of the bank, the bank has not commenced its operation.
Article 39. [ Permit to create a bank or a bank branch abroad] 1. The creation abroad of the bank by the national bank, as well as the establishment of a branch of the national bank abroad, subject to art. 48a-48g, requires the permission of the Financial Supervision Commission.
2. The request to create a bank abroad should contain:
1) determination of the name, registered office and organizational form of the bank;
2) the data concerning the founders and the founding capital.
3. The application shall be accompanied by:
1) draft statutes and justification for the creation of a bank abroad;
2) a programme of activities and a financial plan of the bank for a period of at least three years;
3) information on the legal regulations in force in the host country in the scope of:
(a) authorisations for the establishment of the bank,
(b) tax rules on the activities of banks,
(c) the provisions on the transfer of foreign exchange and banking supervision.
4. The application for the establishment of a branch of a bank abroad should include a justification for establishing a branch of the bank abroad and the information specified in the paragraph. 3 point 3 on bank branches respectively.
Article 40. [ Permit to create a foreign bank branch in the country] 1. The establishment of a branch of a foreign bank in the country takes place on the basis of the permission of the Polish Financial Supervision Authority issued at the request of the
2. The application referred to in paragraph 2. 1, it shall contain:
1) the company and the registered office of the requesting bank and the characteristics of its activities;
2) the types of banking activities to which the authorized branch of the bank is to be executed, and the seat of the branch;
3) the amount of funds allocated at the disposal of the branch;
4) data relating to at least 2 persons intended to be included in the posts of the Director or his/her deputy;
5. in the case of entities subject to the compulsory guarantee scheme of the Bank Guarantee Fund, conditions of access to the calculation system referred to in art. 2 point 64 of the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996), by the Financial Supervision Commission and the Bank Guarantee Fund, in particular in case of fulfilment of the guarantee condition.
3. The application shall be accompanied by a draft of the Regulations of the Branch and the obligation of the foreign bank to meet any claims which may arise in the relations between the branch and other entities. Article Recipe 31 par. 2 shall apply mutatis mutandis.
4. In the permit for the establishment of a branch of a foreign bank in the country, the Polish Financial Supervision Authority shall determine in particular the seat of the branch, the type of banking activities for which the branch is authorised, the minimum amount of funds necessary the operation of the branch, the conditions for access to the system of calculation by the Financial Supervision Commission and the Bank Guarantee Fund, in particular in the event of fulfilment of the condition of guarantee, and shall approve the draft rules of procedure of the Branch. The Financial Supervision Authority shall notify the Guarantee Fund to the Financial Supervision Authority.
5. Departments of foreign banks shall be subject to the entry in the register of entrepreneurs.
6. The provisions of the Rules of Procedure shall apply mutatis mutandis to the establishment of a branch of a foreign bank in the country. 32-38, with the information referred to in art. 36 ust. 3a, the Financial Supervision Commission shall also transmit to the European Commission and to the European Banking Committee set up by it.
7. The foreign bank branch operates on the basis of the regulations issued by the foreign bank.
8. Amendments to the rules of procedure referred to in paragraph 1. 7, require the authorisation of the Polish Financial Supervision Authority.
9. To the application for authorization to amend the Rules of Procedure of the Rules of the Art. 34 par. 2, 2a and 3 shall apply mutatis mutandis.
10. With the request referred to in paragraph 1. 9, there is a foreign bank.
Article 40a. [ Obligations of a branch of a foreign bank] 1. The branch of a foreign bank shall be obliged:
1) use the foreign bank company in the language of the country of its head office together with the translated into Polish the legal form of the bank and the addition of the words "branch in Poland";
2) to conduct a separate accounting in Polish, in accordance with the provisions of the applicable national banks;
3) operate in accordance with the approved rules;
4) keep any documents concerning his/her activities at the branch office.
1a. Branch of the foreign bank, other than the entity covered by the guarantee scheme within the meaning of the article. 2 point 41 of the Act of 10 June 2016. The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring shall, in the manner in which the information about the services provided is provided, inform the beneficiary and the use of its services in the following ways:
1. its economic and financial situation;
2) participation in the guarantee system and the rules of its functioning, including the subject of the subject matter and the protection of the subject of this system, indicating in particular:
(a) the amount of the maximum guarantee,
(b) the types of entities which may be considered eligible to receive a cash benefit.
1b. Branch of the foreign bank referred to in paragraph. 1a, it is obligatory to inform beneficiaries and interested in the use of its services in the absence of a guarantee protection in the event that:
1) the claim, arising in connection with the execution of banking activities, will not be protected by the guarantee system;
2) in connection with the execution of a different activity than the bank activity, a branch of a foreign bank shall issue a name document confirming its pecuniary obligation;
3) in connection with the services provided by a branch of a foreign bank, in particular involving intermediary in the conclusion of contracts, arise or may arise any receivables of the beneficiary and the interest in the use thereof services to another entity which is not covered by the guarantee scheme.
1c. The information referred to in paragraph 1. 1a points 2 and 3 Points 1 and 2 of 1b should also be included in the contracts between the beneficiary and the use of the services concerned and the foreign bank branch.
1d. Information concerning the mode and conditions of receipt of the cash benefit should be made available at the request of the beneficiary and the interested use of the services of the branch of the foreign bank.
1e. Any information made available to the beneficiary and the use of the services of a branch of the foreign bank pursuant to the provisions of paragraph 1 shall be provided. 1a-1c, should be given in the following manner:
1) in which information about the services provided is given;
2) unambiguous and understandable.
1f. Information on participation in the guarantee system may not be used for advertising purposes and should be restricted to the information specified in the paragraph only. 1a and 1b.
1g. Prohibition as referred to in paragraph 1. 1f shall also apply to entities which are not participants in the guarantee scheme.
2. The appointment of the Director and one of the deputies of the director of the foreign bank branch shall be followed by the approval of the Polish Financial Supervision Authority. The request for consent shall be made by a foreign bank. The provisions of Article 4 22b shall apply mutatis mutandis.
Article 41. [ Application of Polish law to foreign bank branches] The provisions of Polish law shall apply to branches of foreign banks operating in the Republic of Poland.
Article 42. [ Permit to open a foreign bank representation in the country] 1. Foreign banks and credit institutions may open their representations in the Republic of Poland on the basis of the permission of the Polish Financial Supervision Authority issued at the request of the interested bank or credit institution.
2. The application referred to in paragraph 2. 1, it shall contain:
1. determination of the company and the seat of the bank or credit institution and the characteristics of the business pursued by the bank or the credit institution applying to the request;
2. establishment of the seat of the Delegation and the scope of its operation;
(3) information on the candidate provided for the position of the representative of the bank or of the credit institution.
3. The provisions of Article 3 shall apply mutatis mutandis to the opening of a representative office of a bank and a credit institution. 33, art. 37 and Art. 38.
4. The scope of action of a foreign bank's representation and credit institution may include only the conduct of the business of advertising and promotion of a foreign bank or a credit institution within the scope set in the permit.
5. The Polish Financial Supervision Authority shall include in the Public Information Bulletin the list of issued, repealed and expired authorisations referred to in paragraph 1. 1.
6. The foreign bank and credit institution shall be notified to the Financial Supervision Commission:
1) any changes in the factual and legal status of the data referred to in the paragraph. 2;
2) information about the cessation of the exercise in the territory of the Republic of Poland activity in the form of representation.
7. The Financial Supervision Commission shall revoke the authorisation referred to in paragraph 1. 1, where:
1) a foreign bank or a credit institution grossly violates the Polish law or does not exercise the obligation referred to in the paragraph. 6;
2) the liquidation of a foreign bank or a credit institution or a foreign bank has forfeit the right to pursue an economic activity;
3) the activity of a foreign bank or credit institution's representative office grossly goes beyond the scope set in the permit;
4. the competent supervisory authority of the State in which a foreign bank or a credit institution has its head office or place of management has waived the authorisation of that bank or credit institution to operate its banking business.
8. In the case of the cessation by a foreign bank or a credit institution performing on the territory of the Republic of Poland the activities in the form of representation, the permit referred to in the paragraph. 1, expires. The Financial Supervision Commission shall, by decision, determine the termination of the authorisation.
Da. A special way of creating domestic banks by credit institutions operating on the territory of the Republic of Poland through a branch
Article 42a. [ The creation of a national bank by a credit institution carrying out banking activities on the territory of the Republic of Poland through a branch] 1. Credit institution, conducting banking activities on the territory of the Republic of Poland through a branch, may form a national bank in the form of a joint-stock company by providing the title of a non-monetary contribution of all assets of that branches which are intended to be carried out by that branch, provided that they constitute an undertaking or an organised part thereof. The shares of a national bank may only be covered by that credit institution.
2. The creation of a national bank by the credit institution referred to in paragraph 2. 1, shall apply, subject to Article 42b-42e, provisions concerning the creation of a bank in the form of a joint-stock company, with the exception of art. 30 par. 2 and 4 and Art. 36.
3. The consent referred to in art. 313 § 1-3 of the Code of Commercial Companies, should apply also to the transition of all assets of the branch to the national bank.
Article 42b. [ Documents necessary for the establishment of the bank] In addition to the documents referred to in Article 31 par. 2, to the application for authorisation of the creation of a national bank by the credit institution referred to in art. 42a (a) 1, the following shall be attached:
1. verified by the entity authorized to audit financial statements:
(a) establish the value of the assets of the branch for a specific day in the month preceding the submission of the application for the formation of the national bank, according to the accounting rules established by the branch, without any additional components being recognised in the assets; and making changes to the rules for determining estimates affecting the valuation of assets and liabilities,
(b) a statement containing information on the accounting status of the branch drawn up for the purposes of establishing the national bank for the date referred to in point (a), stating that the value of the non-monetary contribution corresponds to the carrying amount of the undertaking or an organised part of a branch of a branch which is valued in accordance with the current accounting rules adopted by the credit institution's branch;
2) an authenticated copy passed through the competent supervisory authorities of the State of the home notice concerning the intention to cease operations in the territory of the Republic of Poland through the branch;
3) information on permits, concessions and concessions that have been granted to a credit institution in connection with the establishment or operation of a branch, together with an authenticated copy of a notice other than the Financial Supervision Authority of the body which issued to grant or grant a concession, the intention to create a national bank and the possibility of a declaration of objection referred to in Article 42e ust. 2 point 3.
Article 42c. [ Control activities prior to the decision on the authorisation of the creation of a national bank] 1. Before issuing a decision on the authorisation of the creation of a national bank referred to in Art. 42a (a) 1, the credit institution's branch shall carry out control activities. These provisions shall apply to those provisions. 133 (1) 2-4, art. 135 and 136 shall apply mutatis mutandis.
2. The Polish Financial Supervision Authority refuses to issue a permit for the creation of a national bank, referred to in art. 42a (a) 1, if the creation can cause serious damage to the national economy or to the important interests of the state.
Article 42d. [ Loss of approval capacity] Permission to create a bank referred to in art. 42a (a) 1, shall lose power if the entry of the bank to the register of entrepreneurs is not made within the year from the date of service of the permit. The Financial Supervision Commission may specify in the authorisation a shorter deadline for the loss of its power, not less than 6 months, if justified by the need for prudent and stable conduct of the business by the bank being created.
Art. 42e. [ Entry into the business register] 1. A national bank set up by a credit institution on the basis of art. 42a (a) 1 shall start operations at the time of entry in the register of entrepreneurs. The deletion of a branch of a credit institution from the register of entrepreneurs is made from the office on the date of entering the national bank into the register of entrepreneurs.
2. On the entry into the Register of Entrepreneurs, the national bank referred to in paragraph. 1, it shall enter into all the rights and obligations of the credit institution related to the activities of the branch. The national bank shall undergo the permits, concessions and allowances which have been granted to the credit institution on the basis of the provisions in force in the territory of the Republic of Poland in connection with the establishment or operation of the branch, provided that:
1) have been disclosed in the information referred to in art. 42b (3);
2. the separate provisions or decisions to grant an authorisation, concession or concession do not provide otherwise;
3) prior to the issuance of the permit for the formation of the national bank the opposition did not submit to another authority which issued the permit or granted the concession.
3. Disclosure in the perpetual accounts or other registers of the transfer to the national bank of rights disclosed in those books or other records shall be made at the request of the bank.
4. The cash transferred by the credit institution to the business of the branch shall not constitute the obligations of the national bank.
5. In the case of the creation of the national bank referred to in paragraph. 1, the provisions of the Act of 29 September 1994 shall apply. on the accounting for change of the entity's legal form.
6. The company in the organization, intended to become a bank referred to in the paragraph. 1, may request the Financial Supervision Commission to issue the authorisations referred to in art. 6a par. 1 point 1 lit. k and art. 6d par. 1, if these permits will be required from the moment of the bank entry to the register of entrepreneurs.
Article 42f. (repealed)
E. Converting a state-owned bank into a public limited company
Article 43. [ Recast state bank] A state-owned bank may be transformed into a bank in the form of a joint-stock company.
Article 44. [ Transform Mode] The President of the Council of Ministers, after consulting the Financial Supervision Authority, having in mind the need to protect the interests of the State Treasury, by means of a regulation: [ 5]
1) converts a state-owned bank into a joint-stock company with the participation of the State Treasury;
2) specifies to what extent the assets of the State bank will be transferred to a public limited liability company to cover the share capital in which the transfer of this property to a public limited company with the participation of the State Treasury will take place.
Article 45. [ Succession of rights and obligations] The transformation of a state-owned bank into a public limited company does not make any changes to the extent of the administrative decisions of the bank and of the agreements concluded by the bank The transformation of the bank shall take place on the basis of the balance drawn up at the With this day the bank in the form of a joint-stock company shall enter into all the rights and obligations of the transformed state bank.
Article 46. [ Liquidation of State-owned bank] On the date of acquisition of legal personality by the bank in the form of a public limited company, the state bank is liquidated and its organs are dissolved.
Article 47. [ Application of provisions of the Code of Commercial Companies] In the unregulated scope of the Act, when the state bank is transformed into a bank in the form of a joint-stock company, the provisions of the Code of Commercial Companies Code of Conduct for the Acquisition Of Joint-stock Company, excluding art, shall apply in the form of a public limited company. 312 and art. 336.
Article 48. [ 6] (repealed)
Chapter 2a
Taking up and running the business by the national banks in the territory of the host State and by credit institutions on the territory of the Republic of Poland
Art. 48a. [ Department] The national bank may operate in the territory of the host State through a branch or within the framework of cross-border activities.
Art. 48b. [ Actions resulting from the authorisation] The national bank may exercise in the territory of the host State the activities resulting from the authorisation referred to in Article 1. 34 par. 1.
Article 48c. [ Notice] 1. The national bank, which intends to set up a branch in the territory of the host country, shall notify this in writing to the Financial Supervision Commission.
2. The notice referred to in paragraph 2. 1, it shall contain:
1) the name of the host country in the territory of which the bank intends to form a branch;
2) the name of the branch;
3) the address of the branch, under which it will be possible to obtain documents concerning its activities;
(4) a branch's programme of activities, specifying in particular the activities the bank intends to carry out through the branch, and a description of the branch structure;
5. the names of the persons to be included in the office of the director of the branch and his deputy.
3. The Polish Financial Supervision Authority may request the addition of the notice referred to in paragraph. 1, to the extent specified in paragraph. 2 points 2 to 5.
4. Within three months from the date of receipt of the notification referred to in paragraph 1. 1, or its completion, the Financial Supervision Commission shall send a notification to the competent supervisory authorities of the host State together with information on the amount of own funds and the amount of the solvency ratio of the bank which intends to establish a branch. The Commission shall inform the supervisory authority concerned of the notification of the notification to the competent supervisory authority.
Art. 48d. [ Refusal to submit information] 1. The Financial Supervision Commission refuses to send the notification referred to in Article. 48c ust. 1, where:
1) the requirements laid down in the Article are not fulfilled. 48c ust. 2;
2) the organisational structure of the bank or its financial position is inadequate for the intended activity;
(3) the intended activity would be in breach of the law;
(4) the intended activities could prove to be unfavourable to the prudent and stable management of the bank.
2. The Polish Financial Supervision Authority shall send a negative decision to the bank concerned within a period of three months from the date of receipt of the notification or the completion thereof.
3. The Polish Financial Supervision Authority shall inform the European Banking Authority of any issue of a refusal decision, giving the reasons for its issuance.
Art. 48e. [ Notification of intention to change] The intention to make a change to the extent indicated in the Article. 48c ust. 2 points 2 to 5 the national bank shall inform the Financial Supervision Commission and the competent supervisory authority of the host State, in writing, at the latest one month before the change is made. The provisions of Article 4 48c ust. 3 and 4 and Art. The 48d shall apply mutatis mutandis.
Art. 48f. [ Notice of intention to conduct cross-border activities] 1. The national bank, which intends to carry out cross-border activities, shall notify the Financial Supervision Commission thereof. The notification shall indicate, in each case, the activities resulting from the authorisation granted to the bank which the bank intends to carry out.
2. The Financial Supervision Commission shall send the notice referred to in paragraph. 1, the competent supervisory authority of the host State shall, within one month of receipt of it and inform the bank concerned thereof.
Art. 48g. [ Notification of a loss of consent] The Financial Supervision Commission shall immediately inform the competent supervisory authority of the host State of the loss by the national bank of its activities within its territory of the authorisation of its establishment.
Art. 48h. [ The conditions for performing the task] 1. The financial institution established in the territory of the Republic of Poland may perform in the territory of the host State the activities referred to in art. 5 par. 2 and Art. 6 para. 1 points 1 to 4, 6, 7 and 8, to the extent specified in the legislative act of its establishment, through a branch or within a cross-border activity, provided that:
1) is a subsidiary of at least one national bank subject to supervision on a consolidated basis;
2. subject to consolidated supervision;
3) actually carry out activities in the territory of the Republic of Poland;
4. the national bank or banks referred to in point 1 shall have the right to exercise at least 90% of the voting rights in the body of the financial institution concerned;
5. the national bank or banks referred to in point 1 shall comply with the own funds requirements laid down in the provisions of the Act and Regulation No 575/2013, checks on large exposures, size limits for holdings, liquidity and market risk;
(6) the bank or the national banks referred to in point 1, after obtaining the approval of the Financial Supervision Commission, shall lodge a guarantee in which they shall accept jointly and severally liable for the commitments entered into by the financial institution in question.
2. The fulfilment of the conditions set out in the paragraph. 1 shall be reviewed by the Financial Supervision Commission.
2a. Where the financial institution complies with the conditions referred to in paragraph 2. 1, the Financial Supervision Authority shall issue to this financial institution a certificate that it meets those requirements.
3. The financial institution shall, in writing, inform the Financial Supervision Commission of its intention to create a branch or conduct a cross-border activity in the territory of the host country. The provisions of Article 4 48c ust. 2-4 and art. 48d-48f shall apply mutatis mutandis, with the following that the Financial Supervision Commission:
1. notifies the competent supervisory authority of the host State of the amount of own funds of the financial institution's subsidiary and of the amount of the consolidated solvency ratio of the parent bank or banks referred to in paragraph 1). 1 point 1;
(1a) shall accompany the notification of the certificate referred to in paragraph 1. 2a;
2. refuses to send a notification to the competent supervisory authority also where the financial institution does not fulfil the conditions referred to in paragraph 1. 1.
4. Where the financial institution ceases to comply with the conditions referred to in paragraph 1. 1, the Financial Supervision Authority shall inform the competent supervisory authority thereof. Upon notification, the activities carried out by that institution on the territory of the host country shall be subject to the legislation of the host State.
4a. The activities of a financial institution established in the territory other than the Republic of Poland of a Member State, conducted on the territory of the Republic of Poland through a branch or within the framework of cross-border activities, shall be governed by the law from the date of receipt by the Commission of the Financial Supervision Authority from the competent supervisory authority of that Member State of the notification that the financial institution has failed to comply with the conditions laid down in that State's legislation, equivalent to that of provided for in paragraph 1. 1.
5. The Polish Financial Supervision Authority may, against the financial institution referred to in paragraph. 1, at the request of the competent supervisory authorities of the host State, to apply the measures laid down in the Article. 138 para. 3 points 1, 2 and 3a and in Article 141 or prohibit the activities in the host country.
Art. 48i. [ Credit Institution] A credit institution may operate on the territory of the Republic of Poland through a branch or within the framework of cross-border activities.
Art. 48j. [ Take Action] A credit institution may perform in the territory of the Republic of Poland the activities specified in Art. 5 par. 1 and 2 and Art. 6 para. 1 points 1 to 4 and 6 to 8 to the extent resulting from the authorisation granted by the competent supervisory authority of the home country.
Art. 48k. [ Activity of credit institutions] 1. The activities of credit institutions in the territory of the Republic of Poland shall apply the provisions of Polish law, subject to the paragraph. 2 and 3.
2. To branches of credit institutions the provisions of art. 1-7, art. 9-11, art. 40a ust. 1, art. 49-70, art. 73-78a, art. 80-95, art. 101-112, art. 112c, art. 112d, art. 124, art. 124a, art. 133 (1) 3, art. 137, Art. 138, art. 139 (1) 1 points 2 and 3, art. 141 and art. 171 (1) 4-7 shall apply mutatis mutandis.
3. In the field of monetary policy pursued by the National Bank of Poland, until the date of accession of the Republic of Poland to the Economic and Monetary Union, branches of credit institutions shall have the same rights and obligations as national banks and branches foreign banks.
Art. 48l. [ Branch of the credit institution] 1. The branch of a credit institution may, subject to the paragraph. 2, to start operations in the territory of the Republic of Poland at the earliest after the expiration of two months from the date of receipt by the Polish Financial Supervision Authority from the competent supervisory authorities of the home state of the following information:
1) the name and address of the branch within the territory of the Republic of Poland, under which it will be possible to obtain documents concerning its activities;
(2) a programme of activities specifying, in particular, the activities which a credit institution intends to carry out and a description of the organisation's organisational structure;
3. the names of persons to be included in the positions of the Director of the Branch and his Deputy
(4) the amount of the credit institution's own funds and the amount of the solvency ratio.
2. Within two months from the date of receipt of the information referred to in the paragraph. 1, the Financial Supervision Authority may indicate conditions which in the interest of the general good, in particular in order to protect consumer goods, ensure the safety of the economic market or to prevent infringements of the law, the branch of the credit institution must meet in conducting activities in the territory of the Republic of Poland.
3. The intention to make a change to the extent referred to in paragraph. The credit institution shall notify the Financial Supervision Authority at the latest within one month before the change is made. The amendments shall be binding on the date of receipt by the Commission of the Financial Supervision of the relevant notification from the competent supervisory authorities of the home country. The provisions of the paragraph 2 shall apply mutatis mutandis.
Article 48a. [ Cross-border activities of a credit institution] A credit institution may commence cross-border activities within the territory of the Republic of Poland after the Polish Financial Supervision Authority has received a notification from the competent supervisory authorities of the home state, which determines the types of activities, the institution intends to carry out.
Art. 48m. [ Activity reports] A branch of a credit institution operating in the territory of the Republic of Poland is obliged to transfer to the National Bank of Poland periodic reports of its activities in the scope and mode established on the basis of art. 23 (1) 3 and 4 of the Act of 29 August 1997. o National Bank Polski (Dz. U. of 2013 r. items 908 and 1036, of 2015 items 855 and 1513 and of 2016 items 996).
Art. 48n. [ Financial Institutions] To financial institutions located in Member States which comply with the requirements laid down in Article 48h ust. 1, the provisions of art. 48l and 48th shall apply mutatis mutandis.
Art. 48o. [ Information on participation in the guarantee scheme] 1. A credit institution operating in the territory of the Republic of Poland shall inform, in the manner in which information about the services provided is served, the beneficiaries and interested in the use of its services at:
1. its economic and financial situation;
2) participation in the guarantee system and the rules of its functioning, including the subject of the subject matter and the protection of the subject of this system, indicating in particular:
(a) the amount of the maximum guarantee,
(b) the types of entities which may be considered eligible to receive a cash benefit.
1a. In the case where a credit institution established in the territory of the Republic of Poland operates under different trademarks, it shall inform the persons interested in the use of its services and using them of their respective one the guarantee limit for the funds collected in this institution.
1b. In the case referred to in paragraph 1. 1 point 2 and paragraph. 1a, a credit institution operating in the territory of the Republic of Poland, prior to the conclusion of an account agreement shall transfer to the persons concerned the use of its services, and thereafter, at least once a year, to persons enjoying its services, information, in the form of an information sheet referred to in art. 318 (1) 3 of the Act of 10 June 2016. o The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring. In the event of the transmission of information prior to the conclusion of an account agreement, those persons shall confirm receipt thereof.
2. A credit institution operating in the territory of the Republic of Poland shall be obliged to inform the beneficiary and the interested in the use of its services of the lack of guarantee protection in the case of:
1) the claim, arising in connection with the execution of banking activities, will not be protected by the guarantee system;
2) in connection with the performance of another activity, than the banking activity, the credit institution shall issue a roll-out document confirming its pecuniary obligation;
3. in relation to the services provided by the credit institution, in particular where agreements have been brokered, any claims by persons enjoying and interested in the use of the services may arise. to another entity which is not covered by the guarantee scheme.
3. (repealed)
(4) Information on the mode and conditions of receipt of the cash benefit should be made available at the request of the beneficiary and the use of the credit institution's services concerned.
4a. The bank statement contains information about whether the funds collected on it are protected by a mandatory deposit guarantee scheme.
5. Any information made available to the beneficiary and the beneficiary of the credit institution's services pursuant to the provisions of paragraph 5. 1-2, should be given in the following manner:
1) in which information about the services provided is given;
2) unambiguous and understandable.
6. Information on participation in the guarantee system shall not be used for advertising purposes and should be limited only to the information specified in the paragraph. 1 and 2.
7. The prohibition set out in paragraph. 6 shall also apply to entities which are not participants in the guarantee scheme.
Art. 48p. [ Notice of planned legal or organisational changes] In the event that a credit institution established in the territory of the Republic of Poland intends to make changes in legal or organisational measures, the effect of which will be the change of the guarantee system under the protection of which the funds are located guaranteed in it, collected or part of it, on a mandatory guarantee system referred to in the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, it shall notify the Bank Guarantee Fund at least 6 months before the planned change.
Chapter 3
Bank accounts
Article 49. [ Types of bank accounts] (1) The following types of bank accounts may be carried out in particular:
1) clearing accounts, including current and auxiliary;
(2) the accounts of the fixings;
3) savings accounts, savings and settlement accounts, including family accounts, and bills of time savings deposits;
4. Trust accounts.
2. Accounting accounts and bills of fixation may be carried out only for:
1) legal persons;
2) organizational units without legal personality, provided they have legal capacity;
3) natural persons engaged in gainful activity for their own account, including for those who are entrepreneurs.
3. Austerity accounts, savings and settlement accounts and bills of time savings deposits may be carried out only for:
1) natural persons;
2) school savings banks;
3) employee cash-for-loan cash registers.
4. Family accounts may be carried out exclusively for natural persons who have been granted non-enforcement of the benefit, allowances, allowances and other amounts referred to in art. 833 § 6 and 7 of the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. of 2014 items 101, of late. zm.), with the exception of maintenance services, hereinafter referred to as "non-enforcement benefits".
Article 50. [ Receipt of funds collected on account] 1. The bank account holder is freely available to cash collected on the account. The agreement with the bank may include provisions restricting the freedom to dispose of those measures.
2. The Bank shall pay particular diligence in ensuring the security of the cash held.
Article 51. [ Common Account] The bank account, with the exception of the family account, may be carried out for several natural persons, several local government units or parties of a cooperation agreement within the meaning of the Act of 9 June 2011. -Geological and Mining Law (Dz. U. of 2016 r. items 1131)-common account.
Article 51a. [ Joint account of the natural persons] In the case of a joint account held for natural persons, unless otherwise provided by the bank account agreement:
1. each of the account-holders may have on their own funds the funds collected on the account;
2. each of the co-holders of the account may at any time terminate the contract with effect for the other co-holders.
Art. 51b. [ Account of joint self-government units] 1. The common account for local government units may be carried out only in connection with the joint exercise of public tasks, including the execution of projects co-financed by the European Union.
2. The agreement of the joint account held for the local government units should specify the purpose for which the account is conducted.
3. The rules of disposing of funds collected in the joint account kept for local government units and the principle of the termination of the agreement of that account shall be determined by the agreement of the bank account.
Art. 51c. [ The common account for the parties to the cooperation agreement] 1. The common account for the parties of the cooperation agreement may be carried out only in connection with the execution of the cooperation agreement and the granted concession, as referred to in the Act of 9 June 2011. -Geological and Mining Law.
2. In the case of a joint account for the parties of the cooperation agreement:
1) the entitled to dispose of funds collected on the account is only a co-holder as an operator within the meaning of the Act of 9 June 2011. -Geological and Mining Law;
2. the account holder may request current information about the balance, periodic bank statements and the history of the account and sub-accounts.
Article 52. [ Bank Account Agreement] 1. The bank account agreement shall be concluded in writing.
2. The bank account agreement shall specify in particular:
1) the parties to the contract;
2) the type of account being opened;
3) the currency of the account;
4) the duration of the contract;
5) in so far as the parties reserve the interest rates on the funds collected on the account-the amount of that interest and the conditions for the admissibility of its change by the bank, as well as the time limits for the payment, putting at the disposal or capitalisation of the funds due interest;
6) the amount of commission and fees for the activities connected with the performance of the contract and the conditions and modus of their change by the bank;
7) the form and scope of the monetary settlements carried out on the order of the account holder and the deadlines for their implementation;
8) the conditions and mode of making changes to the contract;
9) the rationale and mode of termination of the bank account agreement;
10) the extent of the bank's liability for the timely and correct execution of the cash settlements and the amount of compensation for the overrun of the due date of the account
2a. Contract of family account, in addition to the elements specified in the paragraph. 2, also specifies the bank account numbers of the entities paying out the benefits not subject to execution, from which payments are made to the family account. Certificates of the number of these accounts, issued by the units paying the benefits not subject to enforcement, shall constitute the annexes to the contract of the family account.
3. The calculation of the interest due on the cash collected in the account shall be accepted that the year counts 365 days, unless otherwise provided by the contract.
4. In the case of a bank account agreement fulfilling the function of the payment account referred to in art. 2 item 25 of the Act of 19 August 2011. on payment services, the provisions of paragraph 1. 1 and 2 shall not apply.
Art. 52a. [ Family Account] 1. The opening and running of the family account and the payment from this account in the bank in which the account is conducted shall be free of any fees and commissions. The bank does not charge fees and commissions for issuing a payment instrument to a family account, its monthly maintenance and payment using this instrument using the bank's cash machines.
2. Only cash from non-enforcing benefits may be paid to the family account. Contributions to the family account may be made only from the bank accounts of the units paying the benefits not subject to execution.
Article 53. [ Document confirming conclusion of the contract] 1. The Bank may issue a savings account to the savings account holder and the holder of the savings account with a savings account or other immigrant document confirming the conclusion of the contract. Use the word "austerity" in the name of the document.
2. The issue of the document referred to in the paragraph. 1, exempts the bank from the obligation to send the holder of the bank account of the extracts from that account.
3. In the case of the loss of the document referred to in the paragraph. 1, shall be subject to remission.
4. The Minister of Justice, after consulting the Polish Financial Supervision Authority, shall determine, by means of a regulation, the detailed conditions and the mode of surrender of the documents referred to in the paragraph. 1, taking into account the nature of these documents and the legitimate interests of account holders.
Article 54. [ Cash] 1. Cash on savings accounts, savings and settlement accounts and in the accounts of the savings deposits of one person, irrespective of the number of contracts concluded, shall be free from seizure on the basis of a judicial or administrative enforcement title, in each calendar month in which the seizure is in force, up to 75% of the minimum wage for the work, established on the basis of the Law of 10 October 2002. with a minimum wage for work (Dz. U. of 2015 items 2008 and 2016 items 1265), which is entitled to a staff member employed in full monthly working time.
2. Cash collected in a savings account, a savings account and an account of a savings account held for several natural persons shall be free from seizure to the amount specified in the paragraph. 1, irrespective of the number of co-holders of such an account.
Art. 54a. [ Cash free from seizure by judicial or administrative enforcement title] Cash on savings accounts, savings and settlement accounts and in the accounts of savings deposits arising from benefits, allowances and allowances referred to in Article 833 § 6 of the Act of 17 November 1964 -the Code of Civil Procedure, and the benefits, allowances and other amounts referred to in Article 31 par. 1, art. 80 par. 1 and 1a, art. 81, art. 83 (1) 1 and 4, art. 84 points 2 and 3 and art. 140 par. 1 point 1 of the Act of 9 June 2011. to support family and foster care system (Dz. U. of 2016 r. items 575 and 1583), and financial resources for the maintenance of a residential premises in a multi-family building or a single-family house, referred to in art. 83 (1) 2 and Art. 84 point 1 of the Act of 9 June 2011. to support the family and foster care system, in the part of the foster family or family home of the child's children and those who have reached the age of age, staying in foster care, are free from seizure based on the judicial or administrative enforcement title.
Article 55. [ Death of the savings account holder] 1. In the event of the death of the savings account holder, the savings and settlement account or the settlement of the savings deposit, the bank shall be obliged to withdraw from these accounts:
1) the amount spent on the costs of the burial of the account holder to the person who submitted the accounts stating the amount of the costs incurred by the account holder, not exceeding the costs of the funeral equipment in accordance with the customs rules adopted in the the environment;
(2) an amount equal to the payment of the accounts by the paying authority of the insurance or social security or salary in a state of resting which did not have a period after the death of the account holder, as indicated in the request from the body the payment of that benefit or salary, to the bank, together with the account numbers for which the payment is made.
2. The amount paid in accordance with the paragraph. 1 point 1 shall not enter into the inheritance after the account holder.
3. The Bank shall be exempt from the payment of the full or partial amount referred to in paragraph 3. 1 point 2 if, prior to the receipt of a request from the paying authority, the payment or salary has been made from those accounts to other eligible persons, which do not permit the application to be carried out in whole or in part, and within 30 days from the date of the receipt of the application, the receipt of the request shall inform the competent authority thereof, together with an indication of the persons who have received the payment.
4. The Bank shall not be liable for any damages resulting from the performance of the activities referred to in paragraph. 1 point 2 and paragraph. 3. The responsibility in this respect shall be borne by the paying authority of the certificate or the salary which applied for the application.
Article 56. [ Disposition of death in case of death] 1. The holder of a savings account, a savings and settlement account or a settlement account may instruct the bank to make a payment from the account indicated by the person after his death: the spouse, initial, descending or siblings of a certain amount of money (disposition of contribution in case of death).
2. The amount of the payment referred to in paragraph 2. 1, regardless of the number of dispatchable dispatchings, may not be higher than the twenty-fold average monthly salary in the enterprise sector without payment of the profit prizes, announced by the President of the Central Statistical Office for the last month before the account holder's death.
3. The deposition in the event of death may be changed or cancelled in writing at any time by the account holder.
4. If the account holder has issued more than one dispatch in the event of death, and the total sum of the dispatch exceeds the limit referred to in paragraph. 2, the disposition issued later takes precedence over the disposition issued beforehand.
5. The amount paid in accordance with the paragraph. 1 shall not enter into inheritance after the account holder.
6. The persons who at the disposal of the contribution in the event of death have been paid the amounts in violation of the paragraph. 4, they shall be obliged to return them to the heirs of the holder.
Article 56a. [ Death of the account holder leaving the disposition of the contribution in case of death] 1. The Bank shall be obliged when concluding an account agreement referred to in art. 56 par. 1, inform the account holder of the possibility of issuing an insert in case of death and of the content of the Article in a manner that is possible for the account holder to issue an account. 56.
2. In the event that the bank has received information about the death of the account holder who issued the disposition of the contribution in the event of death, the bank shall be obliged to immediately notify the person's account holder of the possibility of payment of the specified amount.
Article 57. [ Exemption of application of the law] The provisions of Article 4 55 par. 1, art. 56 par. 1, art. 56a and art. 59a shall not apply to the account referred to in Article 51.
Article 58. [ Minor bank account holder] A minor holder of a savings account, a savings and settlement account or a settlement account may, after the age of thirteen years, freely dispose of the cash collected on those accounts, provided that the account is not does not object to that in writing by its statutory representative.
Article 59. [ Trust account] 1. Only the funds entrusted to the account holder may be collected in the escrow account, on the basis of a separate agreement, by a third party.
2. The parties to the agreement of the escrow account shall be the bank and the account holder (trustee).
3. The contract referred to in paragraph 3. 2, lays down the conditions to be met in order for the funds of third parties to be paid into the account to be paid to the account holder or that his/her disposition in respect of the use of such funds may be carried out.
(3a) The fiduciary account shall be carried out in such a way as to enable, at any time, the identification of the third parties which have paid the cash for the account and to calculate their share of the amount collected in the escrow account.
4. In the event of enforcement proceedings against the holder of the escrow account, the funds on the account shall not be subject to seizure.
5. In the event of a declaration of bankruptcy of the holding account holder, the cash on this account shall be excluded from the mass of bankruptcy.
6. In the event of the death of the account holder of the escrow account collected on this account the amount shall not enter into the inheritance after the account holder.
7. The provisions of the paragraph. 3-6 shall apply where the payment of cash has been carried out in the performance of the contract referred to in paragraph 1. 1, with a certain date.
Article 59a. [ A solution to a bank account agreement not related to an economic activity] 1. A bank account agreement, the holder of which is a natural person, not concluded in connection with the conduct of business activity, shall be terminated with:
1) day of death of the account holder; or
2) the expiry of 10 years from the day of issue by the account holder of the last dispatch relating to that account, and in the event that the contract provides for the holding of more than one account-those accounts, unless the agreement of the savings account or the account The term savings deposits were concluded for a period of more than 10 years.
2. The question referred to in paragraph 2. Article 1 (1) is not a contractual provision providing for, in the absence of notice, the renewal of a bank account concluded for a marked period of not more than 10 years. If, as a result of the renewal, the agreement would have been binding for more than 10 years from its conclusion, the renewal condition shall be the issue of the account holder of that dispatch. No disposition results in the termination of the contract.
3. An agreement of a savings account or an account of savings deposits concluded for a period of time marked longer than 10 years may be renewed if the account holder issues such a disposition. The provision shall not be contractual provisions providing for, in the absence of termination of notice, the renewal of the contract. No disposition results in the termination of the contract.
4. If the contract has been terminated on the basis of the paragraph. 1, it shall be considered binding until the cash bank pays the legal title to the person holding the legal title, unless the state of cash on the account does not exceed the minimum amount specified in the contract.
5. From the date of expiry of the bank account agreement on the basis of the paragraph 2 or 3, until the date of payment of the cash to the person holding the title, these appropriations shall be subject to the valorisation of the average annual price index of the consumer goods and services, as forecast by the Finance Act for the year in question. The valorisation shall be made on the last day of the calendar year
6. At the end of the 5 years from the day of the last dispatch of the account held on the basis of the contract referred to in paragraph 1, the bank shall be required to request the Minister responsible for IT to make available data from the register of the Universal Electronic Population Register (PESEL) in order to determine whether or not the account holder is alive. Where the contract provides for the operation of more than one account, the time limit referred to in the first sentence shall be counted from the date of the last dispatch relating to those accounts.
7. For at least 6 months before the expiry of the period referred to in paragraph. 1 point 2, the bank is obliged to inform the bank account holder about the effects of the passage of this period.
Article 59b. [ Establishing or account holder is alive] Within 3 months from the date of expiry of the bank account agreement referred to in Article 59a, concluded for the time marked, in the absence of an earlier disposal of cash withdrawals, the bank is obliged to request the Minister responsible for IT to make available data from the register of PESEL enabling it to determine whether or not the account holder is alive.
Article 60. [ Termination of the bank account agreement] If the bank account agreement does not provide otherwise, it will be terminated when no turnover has been made in the course of two years, other than the addition of interest, and the cash balance on that account does not exceed the minimum amount specified in the of this Agreement.
Article 61. [ Loss of proof of conclusion of the contract] 1. In the event of notification to the bank of the loss of proof of an agreement of the savings account, check or a blank check, the account holder shall not charge cash withdrawals, as well as transfers made on the basis of these documents in the bank account savings from the date of receipt of the notification by the bank.
2. In cases other than those referred to in paragraph. 1 rules to charge the account holder for cash withdrawals made by the bank after the holder of the account has lost the documents referred to in paragraph. 1, specifies the bank account agreement.
Article 62. [ Death of lost documents] The death of the lost documents of the savings account agreement, the savings and settlement account or the settlement of the savings account in the course of the execution of the judicial or administrative enforcement from the savings account, the Savings/Settlement Account or the Savings Deposits account shall be governed by the provisions of the Act of 17 November 1964. -Code of Civil Procedure and Regulations on enforcement proceedings in administration.
Chapter 4
Cash settlements executed through banks
Article 63. [ Conditions for the conduct of bank accounts] 1. Cash deductions may be carried out through banks if at least one of the clearing parties (debtor or creditor) holds a bank account. Cash settlements shall be carried out in cash or cashless using paper or IT data media.
2. Cash deductions shall be carried out by cash cheques or by cash payment to the account of the creditor.
3. The non-cash settlement shall be carried out in particular:
1) by order of transfer;
2) the payment order;
(3) a settlement check;
4) the payment card.
Article 63b. [ Cash Check] 1. The cash chek shall be the dispatch of the exhibition of the cheque, given to the traitor, to the amount of his account, to which the check has been issued, and to the payment of that amount to the bearer of the check or to the person indicated on the check.
2. Cash chek may be submitted for payment directly at the trasata or in another bank. Payment of the cash check submitted for payment in another bank shall be effected, subject to the paragraph. 3, once the bank has obtained from the trasata sufficient funds to pay the check. The detailed conditions for the presentation of a cash check to be paid at another bank shall be determined by the agreement between that bank and the check holder.
3. The banks may conclude agreements in which, on the basis of reciprocity, they will determine a different one from the one in the mouth. 2 mode of presentation of cash cheques to be paid from the savings and settlement accounts.
Article 63c. [ Transfer Command] The transfer order shall be provided to the bank by the debtor's disposal of the debtor's debit position as determined by the amount and the crediting of that amount to the creditor's account. The bank shall execute the debtor's disposition in the manner prescribed by the bank account agreement.
Art. 63d. [ Direct Debit] 1. The payment order shall be given to the bank of the disposition of the creditor of the burden determined by the amount of the bank account of the debtor and the crediting of that amount to the creditor's account. The creditor's disposition means, at the same time, his agreement on the bank's withdrawal of the debtor's account and the withdrawal of the creditor's account in the event of the debtor's cancellation of the direct debit referred to in paragraph 1. 6.
2. The settlement of the settlement of the payment shall be admissible on condition:
1) the holding by the creditor and debtor of the accounts in the banks which concluded the agreement on the application of the direct debit, specifying in particular: the scope of liability of the banks executing the payment order, the reasons for refusal of execution orders for payment by the debtor bank, procedures for investigation of banks ' mutual claims, arising from the effects of cancellation of the order of payment by the debtor, designs of uniform forms and rules for execution by the banks of direct debits by means of IT data media;
2) to grant by the debtor to the creditor the consent to charge the debtor's account by means of direct debit in the contractual dates of payment for the specified obligations;
3) the conclusion between the creditor and the bank conducting its account of the agreement on the application of the payment order by the creditor, containing in particular: the bank's consent to the use of the order for payment by the creditor, the rules for the submission and the execution of direct debits, the agreement of the creditor to the debit of his account, the amounts of the direct debits and the interest referred to in paragraph 1. 7, returned to the debtor in connection with the cancellation of the direct debit and the liability of the creditor and the bank;
4) that the maximum amount of a single direct debit does not exceed the equivalent, converted into gold at the average rate announced by the National Bank of Poland on the last day of the quarter preceding the quarter in which the settlement is made cash:
(a) EUR 1000-where the debtor is a natural person who does not carry out an economic activity,
(b) 50 000 euro in the case of other debtors.
3. The Bank, which has given the creditor the consent to the application of direct debits, shall be given to the banks-the parties to the agreement referred to in paragraph. 2 point 1, responsible for the actions of the creditor associated with the application of direct debits, shall in particular be obliged to immediately acknowledge the amount of the cancelled order of payment of the debtor's bank account with the interest referred to in the paragraph. 7, also in the absence of funds in the account of the creditor or the occurrence of another reason preventing the debit of the bank account of the creditor.
4. Recognition of the creditor's bank account follows the receipt by its bank from the debtor bank of the funds sufficient to cover the payment order.
5. The debtor shall have the right to withdraw at any time the consent referred to in the paragraph. 2 point 2.
6. The debtor may cancel a single direct debit, at the bank carrying out his account, within the time limit:
1) 30 calendar days from the date on which the bank account is debited, where the debtor is a natural person who does not perform business activity;
2) 5 working days from the date on which the bank account is debied, in the case of other debtors.
7. The cancellation of the order of payment by the debtor obliges the debtor bank to immediately credit the debtor's bank account with the amount of the cancelled order of payment. Recognition of the account of the debtor shall take place on the date of lodging the cancellation of the order of payment, with the obligation to charge, from the date on which the debtor's account was debited, the amount of the payment order cancelled-the interest payable to the debtor in the bank
8. The creditor bank may carry out the settlement of the payment order under the conditions stipulated in the law, with the following:
(1) the provisions of paragraph 1 shall not apply to those accounts. 2 points 3 and 3 3;
2) that bank shall be obliged to immediately credit the amount of the cancelled order to pay the bank account of the debtor.
9. Provisions of the paragraph. 1-8 does not apply to direct debit transactions, to which the Act of 19 August 2011 applies. on payment services.
Art. 63e. [ Settlement check] 1. The clearing member shall be the dispatch of the exhibition of the check, given to the traitor, to the debiting of his account with the amount for which the check was issued, and the crediting of that amount to the account of the check-holder.
2. At the request of the issuer of the check, the bank can confirm the settlement check, booking at the same time on the account of the exhibitor the appropriate fund to cover the check. The bank can also confirm the incomplete check.
3. The clearing member may be submitted for settlement with the effects of payment directly at the trasata or in the bank in which the keeper of the check has an account. Recognition of the account holder's cheque, subject to paragraph. 4, following the receipt by the bank of the holder of the check from the trasata of the funds sufficient to pay the check. The detailed conditions for the presentation of the check for the settlement with the effects of payment in a bank other than the trasata shall determine the contract between that bank and the check holder.
4. Banks may conclude agreements in which, on the basis of reciprocity, they will determine a different one from the one in the mouth. 3 mode of presentation of settlement cheques to be paid from the savings and settlement accounts.
Article 63f. [ Payment Card Payment] 1. Under the terms specified in the agreements, the parties may also use payment cards in non-cash accounts.
2. The rights and obligations of the publisher and the holder of the payment card shall be determined by a separate law.
Art. 63h. [ Delegation] The Minister responsible for financial institutions may determine, by way of regulation, after consulting the President of the National Bank of Poland, the template form of the credit transfer/cash payment used in the cash settlement carried out through the bank.
Article 64. [ Solidarna liability banks for damages caused by non-execution or improper execution of the command] 1. If the order to carry out the cash settlement submitted by the holder of the bank account is exercised by several banks, each of these banks shall bear together with the other joint and several liability to the account holder for the damage caused by non-execution or non-execution of the command.
2. The provision of the paragraph. 1 shall not apply to payment services governed by the Act of 19 August 2011. on payment services.
Article 65. [ Checking the data on account payroll] The bank making a payment from the bank account shall be obliged to check the authenticity and the correctness of the formal document constituting the basis for the payment and the identity of the person giving the order.
Article 66. [ Acceptance of cash receipts] Banks are required to accept cash deposits on bank accounts and to convert and sort banknotes and coins from these payments.
Article 67. [ Clearing House] Banks together with banking chambers may form clearing houses in the form of commercial companies for the exchange of payment orders and for the determination of the reciprocal claims arising from these orders. In order to secure the settlement of the settlement, the Chamber may create a guarantee fund from the banks; the funds of this fund shall not be executed from the assets of the bank.
Art. 67a. [ Cash collected in the clearing account] Cash collected in the bank's clearing account within the meaning of the Act of 24 August 2001. the finality of settlement in payment systems and securities settlement systems and the rules for the supervision of these systems (Dz. U. of 2016 r. items 1224) are free from seizure by judicial or administrative enforcement title to the amount necessary to perform the duties, resulting from the participation of the bank in the payment system or the securities settlement system, arising before the time of the seizure.
Article 68. [ Delegation] The President of the National Bank of Poland shall determine, by order:
1) how to conduct interbank accounts, including through the use of IT data media;
2. the manner and mode of conversion, sorting, packaging and marking of packages of banknotes and coins and the carrying out of the operations of supplying the banks with these marks;
3) way of numbering the banks and their organizational units;
4) method of numbering of bank accounts held in banks;
5) the detailed scope and the way of convening information related to the numbering of the banks and their organizational units.
Chapter 5
Loans and rules of concentration of exposures
Article 69. [ Loan Agreement] 1. By the loan agreement, the bank undertakes to give at the disposal of the borrower for the time marked in the contract the amount of cash for the set purpose, and the borrower undertakes to use it under the terms specified in the contract, the reimbursement of the amount of the credit used, including interest on the maturities, and the payment of the commission on the loan.
2. The loan agreement shall be concluded in writing and shall specify in particular:
1) the parties to the contract;
2) the amount and currency of the loan;
3) the purpose for which the loan was granted;
4) the terms and conditions for repayment of the loan;
4a) [ 7] in the case of a credit agreement denominated or indexed to a currency other than Polish currency, the detailed rules for determining the modalities and timing of the fixing of the exchange rate on the basis of which the amount of the credit is calculated in particular, and its transcriptions and capital-interest payments and conversions on the currency of payment or repayment of the loan;
5) the interest rate of the loan and the conditions for its change;
6) way of securing the repayment of the loan;
7) the scope of the bank's powers of control of the use and repayment of the loan;
8) the terms and means of putting at the disposal of the borrower of cash;
(9) the amount of the commission, if the contract provides for it;
10) the conditions for making changes and termination of the contract.
3. In the case of a credit agreement denominated or indexed to a currency other than the Polish currency, the borrower may make the repayment of the capital-interest instalments and make the early repayment of the full or partial amount of credit directly in that currency. In this case, the credit agreement shall also specify the rules for the opening and operation of the account used to collect the funds earmarked for the repayment of the credit and the rules for repayment through that account.
Article 70. [ Creditworthiness] 1. The Bank makes the granting of credit to the creditworthiness of the borrower. The creditworthiness shall be understood to mean the ability to repay the borrowed credit plus interest within the time limits specified in the contract. The borrower shall be required to submit, at the request of the bank, the documents and information necessary for the assessment of that capacity.
2. A physical, legal or organizational unit without legal personality, provided that it has a legal capacity which is not creditworthiness, the bank may grant the loan provided:
1) the establishment of a specific way of securing repayment of the loan
(2) the presentation, irrespective of the security of the repayment of the debt scheme of the entity's economy, the execution of which will, according to the bank's assessment, obtain the creditworthiness of the entity within a certain period of time, with the operator The above mentioned above can be, in particular, the agreement adopted in the framework of the restructuring proceedings carried out in accordance with the Act of 15 May 2015. -Restructuring law (Dz. U. of 2016 r. items 1574 and 1579).
3. The borrower is obliged to enable the bank to undertake activities related to the assessment of the financial and economic situation and the control of the use and repayment of the loan.
4. Paragraph Recipe 2 shall apply mutatis mutandis to the granting of credit to a newly created entrepreneur, a legal person or an organisational unit without legal personality, provided that it has legal capacity.
5. At the request of the applicant for credit, the bank shall provide, in writing, an explanation of the creditworthiness assessment made by itself. The fee for the preparation of such an explanation should be appropriate to the level of the loan.
6. Paragraph Recipe 5 shall apply mutatis mutandis to an entrepreneur applying for a cash loan.
Article 71. [ Delegation] The Minister responsible for financial institutions, after consulting the Financial Supervision Authority, may determine, by means of a regulation, the types of exposure referred to in Article 4. 400 par. 2 and Art. 493 par. 3 of Regulation (EC) No 575/2013, which do not apply to the provision of art. 395 ust. In order to reflect the need to reflect the actual burden on the bank's own funds, the risk arising from the concentration of exposures will be reflected in this Regulation.
Article 73. [ Banking Consortium] 1. Banks to jointly grant credit may conclude an agreement for the creation of a banking consortium.
2. In the contract referred to in paragraph. 1, the banks shall set the conditions for the granting of the credit and the security of the loan and shall designate the bank empowered to conclude the loan agreement.
3. The Banks referred to in paragraph. 1, bear the risk associated with the loan in proportion to the amount of the financial resources transferred to the jointly granted credit.
Article 74. [ Information Obligations of borrower] During the term of the loan agreement the borrower is required to present, at the request of the bank, the information and documents necessary for the assessment of his financial and economic situation and enabling the control of the use and repayment of the loan.
Article 75. [ Non-compliance with credit conditions] 1. [ 8] If the borrower does not receive the terms of the loan or if the creditworthiness of the borrower is lost, the bank may, subject to the provisions of Article 4 (2) of Regulation (EC) EC, may, 75c, to reduce the amount of credit granted or to terminate the loan agreement.
2. The period of notice referred to in paragraph 2. 1, unless the parties specify a longer term in the contract, is 30 days, and in the event of a threat of bankruptcy of the borrower-7 days.
3. The termination of the loan agreement due to the loss of the creditworthiness of the borrower or the threat of its bankruptcy shall not occur if the bank has agreed to the realization by the borrower of the remedial program.
4. Paragraph Recipe 3 shall apply throughout the period of implementation of the recovery programme, unless the bank determines that the recovery programme is not properly implemented.
Article 75a. [ Term of repayment of credit] 1. Unless otherwise provided by the loan agreement, the repayment date of the loan shall be a reserved term for the benefit of both parties.
2. In the event that the parties have agreed the deadline for repayment of the credit longer than a year, the borrower may terminate the contract with the maintenance of the three-month deadline.
Article 75b. [ Restrictions on the bank with regard to the running of the account to repay the loan in a currency other than the Polish currency] 1. [ 9] Exercise of the power referred to in Article 69 par. 3, may not involve the additional costs incurred by the borrower.
2. The Bank shall not make the execution of the power referred to in the Article by the borrower. 69 par. 3, from the introduction of additional restrictions, in particular it may not oblige the borrower to acquire the currency earmarked for repayment of the instalment of the loan, its entirety or part, from the specified entity.
3. Opening and running of the account referred to in art. 69 par. 3, it is free of charge in case the borrower is a consumer within the meaning of the Act of 23 April 1964. -Civil Code.
4. The provisions of the paragraph. 1-3, art. 69 par. 2 points 4a and paragraph 1 3 shall apply mutatis mutandis to cash loan contracts.
Article 75c. [ Restructuring of debt] 1. If the borrower is delayed with the repayment of the obligation on the loan granted, the bank calls upon it to make a repayment, setting a deadline of not less than 14 working days.
2. In the notice referred to in paragraph 1. 1, the bank shall inform the borrower of the possibility of filing, within 14 working days from the date of receipt of the call, the request for debt restructuring.
3. The Bank should, at the request of the borrower, enable the restructuring of the debt by amending the terms of the terms or terms of repayment of the loan, if warranted by the bank's assessment of the financial and economic situation of the borrower.
4. Restructuring as referred to in paragraph 4. 1, shall be made on the terms agreed by the bank and the borrower.
5. The Bank shall, in the event of rejection of the borrower's request for debt restructuring, transfer the borrower, without undue delay, detailed explanations, in writing, regarding the reason for the rejection of the restructuring request.
6. The provisions of the paragraph. 1-5 shall apply mutatis mutandis to cash loan contracts.
Article 76. [ Credits of loans] The borrowing rules shall specify the loan agreement, except where the variable rate is applied:
1) specify in the credit agreement the conditions for changing the interest rate of the loan;
2) notify in the manner specified in the contract the borrower, the guarantor and, if the contract does not provide otherwise, other persons who are debtors of the bank for the security of the loan of any change of the interest rate of its interest.
Article 76a. [ Notification of debtors] The bank is obliged to notify immediately, in the manner specified in the contract, the persons who are debtors of the bank in respect of the credit protection, if the borrower is delayed with its repayment.
Article 77. [ The bank's commission for untapped credit] The loan agreement may stipulate that a separate commission is eligible for a loan at the disposal of the borrower and untapped by the borrower.
Art. 77a. [ Credit request to a third party] The Bank may accept a request for credit to a third party. The order should be submitted in written form under the action of invalidity. In such a case, if the contract does not provide otherwise, the giving of the contract shall be the guarantor for the future debt.
Article 78. [ Loan Agreement] The provisions relating to the security of repayment and the interest rate of the loan shall be applied to the cash loan agreements entered into by the bank.
Art. 78a. [ Consumer Credit Agreement] The provisions of the Act apply to credit agreements and monetary loans, concluded by the bank in accordance with the provisions of the Act of 12 May 2011. about a consumer credit, in an unregulated range in that law.
Article 79. [ Prohibition of Privileges of Related Entities] 1. The Bank shall not apply more favourable conditions and, in particular, more favourable interest rates than those applied by the bank for a given type of contract in the conduct of bank accounts and for the granting of loans, cash loans, bank guarantees, guarantees:
1) to the parent or subsidiary of the bank;
2. entities operating in the same holding as a holding bank;
3) subsidiaries and affiliated entities with a bank within the meaning of the Act of 29 September 1994. of accounting;
4. to its shareholders or members;
5) persons employed in the bank, members of the management board and members of the supervisory board;
6) persons employed in the parent undertaking, members of the management board and members of the supervisory board of the parent undertaking;
7. to entities associated with the capital or organization of:
(a) a shareholder and a member,
(b) a member of the management board, the supervisory board or a person holding a management position in the bank.
2. The Bank shall determine, in the form of the Rules of Procedure, the conditions for the granting of loans, cash loans, bank guarantees and guarantees referred to in paragraph 2. 1, and carry out their separate records.
Article 79a. [ Provision of credit] 1. The sharing of credit, money borrowing, bank guarantee or surety of a member of the management board or supervisory board of the bank or the person holding the management position in the bank shall be followed in accordance with the rules of procedure adopted by the supervisory board.
2. Separation of credit, money loan, bank guarantee or surety of the member of the management board or a member of the supervisory board of the bank in the amount of the total liability exceeding 10 000 euro, calculated in gold at the average rate announced by the The National Bank of Poland on the day of granting of credit, money loan, bank guarantee or surety, requires the consent expressed in the resolution of the Board and the resolution of the supervisory board of the bank. These resolutions shall be held without the participation of the person concerned, 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 the paragraph. 1 and 2 shall apply mutatis mutandis to the granting of a loan, a monetary loan, a bank guarantee or a surety to an affiliated entity or an organisation with a member of the management board or of the supervisory board or a person holding a management position in the bank.
4. The sum of loans, cash loans, bank guarantees and sureties referred to in paragraph. 1 and 3, shall not exceed:
1) in a bank in the form of a public limited company and a state-owned bank-10% of Common Equity Tier 1 capital referred to in art. 50 of Regulation No 575/2013,
2) at the cooperative bank-25% of Common Equity Tier 1 capital referred to in Art. 50 of Regulation No 575/2013
-the value of loans, cash loans, bank guarantees and sureties shall be determined in the manner in which the bank calculates the exposure value referred to in Article 3. (Article 395 of Regulation No 575/2013.
5. By the person occupying a managerial position in the bank shall be understood to be the person employed directly to the member of the management board, the director of the branch and his deputy and the chief accountant.
Article 79b. [ Notification] 1. The Bank shall notify the Financial Supervision Authority of the fact of granting a credit, a monetary loan, a bank guarantee or a guarantee to a member of the management or supervisory board, a person holding a managerial position in the bank, a shareholder of the bank and a member of the cooperative bank and the entity associated with them capital or organisational, if in a single case the value of the obligation exceeds the equivalent of 30 000 euro, calculated in zlotys at the average rate announced by the National Bank Polish on the day of granting a loan, a monetary loan, a bank guarantee or surety.
2. Paragraph Recipe 1 shall not apply to a shareholder holding only shares admitted to trading on a regulated market in a quantity entitling to perform no more than 5% of the votes at the general meeting.
Article 79c. [ Off-balance-sheet liabilities] The provisions of Article 4 79a and 79b also apply to other than bank guarantees and off-balance-sheet guarantees provided to the persons referred to in Article 79b. 79 par. 1, or at their request.
Chapter 6
Bank guarantees, sureties and letters of credit
Article 80. [ Provision of guarantees and guarantees] Banks may award and confirm bank guarantees, guarantees, and open and confirm letters of credit for the request.
Article 81. [ Bank Guarantee] 1. The bank guarantee is a unilateral obligation of the bank-guarantor that once the entity has fulfilled the entitled (guarantee beneficiary) specified conditions of payment, which may be identified as specified in this provision of documents, which the beneficiary annexes to the payment claim drawn up in the form indicated, the bank will carry out a cash benefit to the beneficiary of the guarantee either directly or indirectly through another bank.
2. The division and confirmation of the bank guarantee shall be made in writing under the rigorousness of invalidity.
Article 82. [ Transfer of receivables from bank guarantee] The transfer of receivables from the bank guarantee can be made with the transfer of the claim secured by the guarantee.
Article 83. [ Confirmation of the bank's obligation under the guarantee] 1. The bank can confirm the obligation of another bank resulting from the bank guarantee; in the case of this claim from the guarantee it may be directed to the bank which granted it, or to the bank which confirmed it, or to both of these banks together, up to the full satisfy the claims of the creditor.
2. The provisions of the paragraph. 1 shall apply mutatis mutandis in the confirmation by the bank of the liabilities arising from the surety granted by another bank.
Article 84. [ Application of provisions of K. c.] The provisions of the Civil Code are applied to bank guarantees and guarantees provided by the bank, with the fact that the bank's obligation is always a cash obligation.
Article 85. [ Documentary or hedging accreditation] 1. The Bank, acting on behalf of the client, but on its own behalf (the bank opening the accreditation), may undertake in writing to a third party (beneficiary) that it will pay the beneficiary's credit to an agreed amount of money, once fulfilled by the the beneficiary of all conditions laid down in the letter of credit (documentary credit).
2. The documentary credit must contain, in particular, the name and address of the payer and the beneficiary, the amount and the currency of the letter of credit, the term of validity of the letters of credit and the description of the documents, upon which the presentation of the beneficiary is entitled to demand payment in Letter of credit.
3. The opening of the opening bank shall become due once the beneficiary has submitted the documents in accordance with the conditions of the accreditation.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to security accreditations.
Article 86. [ Monetary Accreditations] 1. The Bank, acting on behalf of a client, but on its own behalf (opening bank), may undertake in writing to another bank that it will reimburse the amounts paid to the beneficiary or will focus the bills drawn by the beneficiary on the indicated bank (monetary accreditations).
2. The monetary credit shall in particular include: the name and address of the person empowered to make the payments, the amount and the currency of the letter of credit and the term of validity of the credit.
3. The obligations of the opening bank shall become due on payment to the beneficiary under the rules laid down in the letter of credit, provided that the beneficiary is provided with an identity document.
4. Where the payment of the payment by the beneficiary of the conditions other than those referred to in the paragraph is subject to payment by the beneficiary. 3, the payment may take place only after the fulfilment of these conditions is combined.
Art. 86a. [ Application of provisions of the Act] The provisions of Article 4 82-86 shall apply if the parties to the contract do not agree otherwise.
Article 87. [ Limitation of claims on bank guarantee] (1) Claims on bank guarantees, guarantees provided by banks and letters of credit which have become chartered shall be expired on the expiry of the period of six years.
2. The statute of limitations on claims for guarantees and letters of credit shall start from the date of submission of an effective demand for payment and during this period the claim shall be due, even if the obligation with which the guarantee or letter of credit has been bound has already expired.
Chapter 7
Securities issued by securities
Article 89. [ Issuing of bank securities] 1. Banks may issue bank securities on terms and conditions to be made public.
2. The Bank shall inform the Financial Supervision Commission of the intended programme of issuance of securities at 30 days before the issue date, indicating the conditions and value of the emission programme.
3. (repealed)
Article 90. [ Banking value paper] 1. A bank-based security shall be used for the collection by banks of cash in gold or other convertible currency, and shall include in the name "bank security", and its content shall include:
1) the nominal value;
2. commitment of the bank to:
(a) the calculation of the interest rate at a fixed interest rate,
(b) make the payment of the amount determined to the person entitled, within the time limits specified; the person entitled may not require the bank to redeemit the paper before the expiry of the time limit, unless the content of the paper provides otherwise;
3) the designation of the holder of the security, if it is a roll-roll paper, or the annotation that it is a security-bearer-value paper;
4) rules of transfer of rights resulting from the security;
5) the number of the security and the date of issue;
6) signatures of persons authorized to make representations in terms of the rights and obligations of the bank's assets.
2. The signatures referred to in paragraph. 1 point 6, can be played mechanically.
3. In the banking content of a security, as well as in the issuer specified by the issuer information about the terms of issue, no comparison with the terms of issue of securities of other issuers may be included.
4. Banks may issue bank securities, without the form of a document, which are registered in a deposit conducted by a bank issuing those securities, the National Depository for Securities S.A., a company whose National Depository for Securities Valuable S.A. has delegated tasks in the field of tasks referred to in art. 48 (1) 1 point 1 of the Act of 29 July 2005. the trading of financial instruments, or investment firm.
5. If the bank security is not in the form of a document, all the data referred to in the paragraph shall be provided. 1 shall be included in the contents of the certificate of deposit or of another document issued by the bank to the person entitled.
6. The rights of bank securities which are not in the form of a document shall arise from the moment when they are credited to the account of the bank for the first time and shall be entitled to the holder of that account.
7. Transfer of the rights from the bank of a security issued without the form of the document shall take place upon completion of the relevant record on the bank account of the securities as a result of the conclusion of the agreement. If the contract provides otherwise, the bank securities obtained before the recording is made.
8. Banking securities in a dematerialised form may also be registered, on the basis of a contract concluded by a bank with the National Depository for Securities S.A. or a company whose National Depository for Securities S.A. has transferred performing tasks in the field of tasks referred to in art. 48 (1) 1 point 1 of the Act of 29 July 2005. on the trading of financial instruments, in the deposit of securities conducted in accordance with the provisions of that Act. In such a case, the provisions of that law relating to the rights of dematerialised securities shall apply to the formation and transfer of rights from banking securities.
Article 91. [ Prohibition of financing of the purchase of bank securities] The bank may not grant credit or a loan to the bank for the purchase of bank securities issued by itself.
Article 92. [ Banking securities] The provisions of the Act referred to in Article shall not apply to the banking securities. 4 par. 1 point 8.
Chapter 8
Specific obligations and powers of banks
Art. 92a. [ Obligations and powers of the bank] 1. The Bank may conclude with the company of investment funds creating a securitisation fund or a securitisation fund:
1) the credit transfer agreement;
2) a sub-participation agreement.
2. The contract referred to in paragraph 2. Article 1 (2), may not increase the risk of insolvency or deterioration of the bank's liquidity.
3. The Bank may also transfer, by means of a contract of debt, to, other than the investment fund, a securitisation fund or a securitisation fund, a capital company (an issue) for the purpose of issuing a securitisation loans securitised by collateral.
4. The issuing entity for which the transfer took place must not be bound by capital or organisational with the bank transferring the claims and the subject matter of its business may be exclusively the acquisition of receivables and the issue of the issuance of the debt. of the securities referred to in paragraph 1. 3, as well as to carry out the tasks associated with it.
5. (repealed)
6. (repealed)
Art. 92b. [ Register of claims] 1. The Bank shall maintain a register of receivables, listed in the contract referred to in art. 92a ust. 1 point 2.
2. The claims referred to in paragraph 2. 1, shall be subject to the entry in the register from the moment when the obligation resulting from the agreement referred to in Article 92a ust. 1 point 2, it has been effective.
3. The Minister responsible for financial institutions shall determine, by means of the regulation, the manner of conducting and the model of the register of claims referred to in the contract referred to in art. 92a ust. Article 1 (2), having regard to the scope of the data resulting from the contract, and the need to provide the Commission with financial access to the data necessary for the proper exercise of supervision.
Art. 92ba. [ Information to the person holding the legal title to the inheritance after the account holder] 1. The Bank shall be obliged to grant the holder of the bank account, which is a natural person, and to the person who obtained the legal title to the inheritance after the account holder, aggregate information about:
1) the holder's bank accounts, including the joint accounts, without indicating the co-holder's data;
2) the contracts of the holder's bank account either terminated or terminated for the reasons referred to in art. 59a (b) 1-3;
3) the accounts of the holder of the bank account held in the cooperative savings and credit cence, including the joint accounts-without indication of the co-holder's data;
(4) the contracts of the account holder of the bank account held in the cooperative savings and credit ceds dissolved or terminated for the reasons referred to in Article 4 (1) of the EC Convention. 13a par. 1-3 of the Act of 5 November 2009. with cooperative savings and credit cashions (Dz. U. of 2013 r. items 1450, with late. zm.).
2. The aggregated information shall indicate the entity which carries out or has carried out the account, the account numbers resulting from the account agreement and whether the accounts are still being conducted.
Art. 92bb. [ Central Information] 1. Banks shall be obliged to keep a central information on the accounts, hereinafter referred to as 'Central Information'. The banks may set up a commercial company for this purpose.
2. The Central Information Chamber may lead the clearing house referred to in Art. 67.
Art. 92bc. [ Cumulative information] 1. The collection of information the bank is obliged to obtain from the Central information immediately upon receipt of the written request from the person referred to in art. 92ba ust. 1, and verify its legal title. The aggregate information of the bank shall be provided to the person who requested it, immediately after it has been obtained from Central information.
2. The cumulative information may be delivered for consideration, with the fee not being higher than the cost of generating such information.
Art. 92bd. [ The provision of information by the cooperative bank] 1. The bank account of the bank account shall be obliged free of charge to provide the information referred to in art. 92ba ust. 1, Central information. The cooperative bank may provide information through a bank of association.
2. Information referred to in art. 92ba ust. 1, the bank shall be granted immediately, but not later than within 3 working days from the date of receipt of the request from the Central Information.
Art. 92d. [ Bank Claim] The Bank may conclude a contract with a credit derivative or a contract other than those referred to in Article 4. 92a ust. 1 and 3, on the basis of which the transfer of all or part of the risk associated with the claims of that bank is transferred.
Article 93. [ Securing and deducting claims] 1. In order to secure the claims which arise from the banking activities, the bank may request the security provided for in the Civil Code and the Law of the Weeks and the customs adopted on domestic and foreign trade.
2. The Bank may deduct from its debt a claim whose due date has not yet come if the debtor entity has been put into liquidation, and in all of those cases where it serves the bank the right to pull its own claims before the date of payment. The deduction may not be made to the extent that the claim from the bank account has been claimed as the subject of the enforcement of the tax liability receivable.
Art. 93a. [ Consolidated Interest Rate] 1. In a contract concluded with companies creating a capital group within the meaning of the provisions on corporate income tax, represented by the parent company in that group, the bank may determine the amount of the consolidated interest rate for the funds collected in the bank accounts of these companies and their loans and loans.
2. The consolidated interest rate referred to in paragraph 2. 1, is calculated from the amount which is the difference between the sum of the stocks in the bank accounts of the companies forming the tax group and the sum of the receivables for the loans granted to those companies and the loans.
3. Unless the contract referred to in paragraph 1, it does not provide otherwise, the monies collected in bank accounts and cash loans, for which the consolidated interest rate has been determined, are not remuneated.
Article 95. [ Legal power of bank documents] 1. [ 10] Bank accounts and drawn up on their basis extracts and other declarations signed by persons authorised to make representations on the rights and obligations of the banks and bear the stamp of the bank, as well as those drawn up in the the method of receipt of receivables receipt shall have the legal force of the authentic instruments in respect of the rights and obligations arising from banking activities and established in favour of the bank of securities and may give rise to the entries in the books of the accounts perpetual.
1a. Legal capacity of the authentic instruments referred to in paragraph 1. 1, shall not apply to the documents referred to in that provision in civil proceedings.
2. A bank action or an action to secure a bank's claim as established by the document referred to in paragraph 2. 1, has a date certain from the date of this document.
3. The documents referred to in paragraph. 1, they are the basis for the entry of the mortgage to the perpetual book of the property constituting the property of the debtor of the bank or other person establishing a mortgage on the bank to secure the bank's debtor's claims. If the immovable property does not hold a perpetual book, the security may be made by submitting those documents to a set of documents.
4. The establishment of the mortgage referred to in paragraph. 3, is the required filing by the owner of the property a statement on the establishment of the mortgage on the bank with the preservation of the written form under the rigorously invalidity.
5. The provisions of the paragraph. 1-4 shall apply mutatis mutandis to the disclosure in the books of the perpetual change of the mortgage and the transfer of the mortgage in connection with the sale of the bank claim and to the entry of the mortgage on the perpetual use of the cooperative, cooperative ownership The right to the premises and the mortgage claim.
Article 101. [ Collateral preemptive] 1. Protection of the bank's receivables may be made by transfer to the bank by the debtor or a third party, until the debt is repaid with the interest due and the commission, the ownership of movable or securities.
2. Where property of a species or collection of goods has been transferred, the debtor or the third party shall be obliged to extract and mark the item or collection of things and, if the contract does not otherwise provide, keep a record of the changes in the scope of the expropriation.
Article 102. [ Transfer of amount to the ownership of the bank] 1. In order to secure the bank's receivables the debtor or a third party may transfer a specified amount in the zloty or in another currency convertible into the ownership of the bank. The bank is obliged to reimburse that amount after obtaining the debt repayment together with the interest due and the commission.
2. The Bank shall not be obliged to repay part of the amount assumed on the property, equal to the outstanding amount of the debt owed to the bank, the interest and commission and other costs incurred by the bank in connection with the recovery of the receivables.
3. The Bank may pay to the debtor or to the third party referred to in the paragraph. 1, remuneration for the period of use of the amount hijacked.
Article 104. [ Banking Secrecy] 1. The Bank, the persons employed in it, and the persons through whom the bank performs banking activities, shall be obliged to keep the bank secret, which includes all information concerning the banking activity, obtained during the negotiations, during the the conclusion and implementation of the contract on the basis of which the bank performs this task.
2. The obligation referred to in paragraph. 1, not applicable in cases where:
1) without disclosing the information covered by the banking secrecy-due to the nature and nature of the banking activity or the applicable regulations-it is not possible to perform the contract on the basis of which the banking activity is executed or due to the performance of the tasks remaining in connection with the conclusion and execution of that contract;
2) the disclosure of information covered by the banking secrecy to economic operators or foreign entrepreneurs:
a) which the bank, according to art. 6a par. 1 and Art. 6b-6d, entrusted the execution, continuously or periodically, activities related to banking activities,
(b) which have been entrusted with carrying out activities in accordance with Article 6a par. 7,
(c) which has been entrusted with carrying out activities in accordance with Article 149 of the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring
-to the extent necessary for the smooth operation of those operations;
3. the provision of information covered by the bank secrecy to lawyers in connection with the provision of legal aid to the bank by them;
4) the provision of information covered by the banking secrecy is necessary for the conclusion and execution of contracts of sale of receivables classified in accordance with separate provisions into the categories of lost;
5) the provision of information covered by the bank secrecy is necessary for the conclusion and execution of the agreements referred to in art. 92a ust. 1, and the related contracts:
(a) to give an investment grade (rating) to a securitised claim,
(b) insurance against the risk of insolvency of the debtors of the securitised claims;
6) the provision of information covered by the bank secrecy is necessary for the conclusion and execution of the agreements referred to in art. 92a ust. 3 and art. 92d, as well as the related agreements on:
(a) the assessment of the investment (rating) of the securitised claims,
(b) servicing of securitised loans
(c) the organisation and execution of securities issues,
(d) insurance against the risk of insolvency of the debtors of the securitised claims;
(7) the provision of information to other banks, credit institutions or financial institutions belonging to the same financial holding shall be necessary for the smooth conduct of the law, referred to in law, obligations to counteract the laundering money and financing of terrorism;
8) disclosure of the information covered by the bank secrecy is necessary for the execution of the reverse mortgage agreements, in accordance with the provisions of the Act of 23 October 2014. Reverse mortgage credit (Dz. U. of 2016 r. items 786);
(9) the provision of information covered by the banking secrecy by the affiliated bank of the cooperative bank is necessary for the exercise of the internal control activities and the operations referred to in Article 3 (2). 19 (1) 1 of the Act on the Functioning of the Cooperative Banks, their association and the associations of associations;
10) the provision of information covered by the banking secrecy by a bank which is a participant in the protection system referred to in art. 22b par. 1. The act on the functioning of cooperative banks, their association and associations of associations, the competent authority of a security system or other participant in that system is necessary to:
(a) the risk control of the loss of liquidity and the risk of insolvency of the participant in the protection system and shall be carried out on the basis of and within the limits laid down by the Act on the functioning of the cooperative banks, their association and the association banks and the contract a security system,
(b) carrying out internal control activities,
(c) the competent authority of a security system or a participant in a system of protection which is necessary to ensure that the participant concerned has the obligation of banking secrecy to protect against insolvency or loss of liquidity in accordance with the rules of the security system. specified in the Act on the Functioning of the cooperative banks, their association and association banks and in the contract of protection system;
11) the provision of information covered by the bank secrecy is necessary to carry out forced restructuring, in accordance with the provisions of the Act of 10 June 2016. o The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring.
3. The Bank shall not apply, subject to paragraph. 4, the conduct of banking secrecy against the person to whom the information covered by the secret is concerned. Such information may be disclosed to third parties, subject to the provisions of Article 4 of the Regulation. 105, art. 106a and art. 106b only if the person to whom this information relates in writing to authorise the bank to provide specific information indicated by himself or to the person or business unit. The authorisation may also be expressed in electronic form. In such a case, the bank shall be obliged to perpetuate the empowerment of the information medium within the meaning of the Article in this manner. 3 point 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
4. The Bank, the persons employed in it, and the persons through whom the bank carries out banking activities, shall keep in secret information on the provision of information to the Police on the basis of the rules laid down in Art. 20 para. 4-10 of the Act of 6 April 1990. o Police (Dz. U. of 2016 r. items 1782) and concerning the notification referred to in art. 20 para. 13 of that law. The conduct of secrecy shall apply to the parties to the contract, to other persons to whom the information relates, and to third parties.
5. Entities, and persons employed in them, who, in accordance with the provision of the paragraph. 2 points 1, 2 and 4 to 6, information covered by the banking secrecy has been granted or disclosed, may use this information for the sole purpose of concluding and implementing the agreements referred to in paragraph 2. 2 points 1, 2 and 4-6.
6. Paragraph Recipe 5 shall apply mutatis mutandis to lawyers who have been granted information covered by the obligation of banking secrecy in connection with the provision of legal aid to the bank.
Article 105. [ The provision of information covered by the secret banking secrecy] 1. The Bank shall be obliged to provide information constituting a banking secret only:
1. other credit institutions and credit institutions, to the extent that such information is necessary in connection with the performance of banking activities and the acquisition and disposal of claims;
(1a) on the basis of reciprocity, other bodies authorised to grant credit, with claims and on the turnover and state of bank accounts, to the extent that such information is necessary in connection with the granting of loans, loans cash, bank guarantees and sureties;
(1b) other banks, credit institutions or financial institutions, to the extent necessary for:
(a) the implementation of the provisions in force concerning supervision on a consolidated basis, including in particular the preparation of consolidated accounts, including the bank,
(b) the risk management of large exposures;
(c) the use of internal methods and other methods and models referred to in the provisions of Part Three of Regulation (EC) No 575/2013;
1c) the institutions referred to in paragraph 1. 4, to the extent necessary for the use of internal methods and other methods and models referred to in the provisions of Part Three of Regulation (EC) No 575/2013;
1d) to other banks, cooperative savings banks, the National Cooperative Savings and Credit Facility and the clearing house referred to in Article 3 (1) of the Financial Regulation. 67, or to the commercial company referred to in Article 92bb ust. 1, to the extent necessary for the provision of the aggregate information referred to in Article 92ba ust. 1;
2) upon request:
(a) the Financial Supervision Commission as regards supervision under this Law and the Act of 21 July 2006. on the supervision of the financial market, employees of the Office of the Financial Supervision Authority in the field referred to in art. 139 (1) 1 point 2, and the persons authorised by the Resolution of the Financial Supervision Commission to the extent specified in that authorisation,
(b) a court or a prosecutor in connection with proceedings for a criminal offence or a treasury offence:
-against the natural person who is a party to the contract concluded with the bank, as far as information concerning this natural person is concerned,
-committed in connection with the operation of a legal person or an organizational unit without legal personality, in terms of the information concerning that legal person or the organizational unit,
c) a court or procurator in connection with the execution of an application for legal assistance, coming from a foreign state, which under the ratified international agreement binding the Republic of Poland has the right to request the provision of the information covered by the a bank secret,
(d) the court in connection with the succession proceedings or the distribution of property between the spouses or carried out against a natural person which is a party to the contract with an alimony case or for a maintenance pension,
(e) General Tax Inspectorate, in connection with the following:
-a criminal case or a tax penalty against a natural person who is a party to a contract concluded with a bank,
-a criminal or criminal case for a criminal offence committed in respect of the activities of a legal person or an organisational unit without legal personality which is the holder of the account,
(f) the President of the Supreme Chamber of Control, to the extent necessary to carry out the review procedure laid down in the Act of 23 December 1994. of the Supreme Chamber of Control (Dz. U. of 2015 items 1096 and of 2016 items 677),
(g) (repealed)
h) the Bank Guarantee Fund within the scope set out by the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and compulsory restructuring and authorised staff of the Bank Guarantee Fund within the scope of a given mandate,
(i) the statutory auditor authorised to audit the accounts of the bank on the basis of the bank of the contract,
(j) (repealed)
(k) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Gendarmerie, Border Guard, Prison Service, Government Security Bureau and their with the written authorisation of the officers or soldiers to the extent necessary to carry out the examination under the provisions on the protection of classified information,
(l) Police where this is necessary for the effective prevention, detection or detection of criminal offences and the obtaining of evidence, on a basis and in accordance with the procedure laid down in Article 4 (1) of the EC Regulation. 20 of the Act of 6 April 1990. o Police,
(l) the court of justice in the field of bank accounts or powers of attorney to hold bank accounts, the number of such accounts or proxies, the turnover and the stock of such accounts, giving the proceeds, the burden of the accounts and their titles, and, accordingly, their consignors and consignees, to the extent necessary for the proper conduct of enforcement proceedings, of the security proceedings, and for carrying out other activities resulting from its statutory tasks,
(m) publishers of non-banks payment instruments, to the extent specified by the Act of 19 August 2011. on payment services,
n) General Inspector of Personal Data Protection to the extent necessary for carrying out the statutory tasks specified in Art. 12 and 14 of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922),
(o) the coordinator in connection with the performance of the supplementary supervision of a financial conglomerate within the meaning of the Law on supplementary supervision,
(p) Head of the Central Anti-Corruption Bureau, in accordance with the rules laid down in art. 23 of the Act of 9 June 2006. o Central Anti-Corruption Bureau (Dz. U. of 2016 r. items 1310),
(q) the competent supervisory authority, where this is necessary for the exercise of that authority on a consolidated basis over the bank, where, in the case of a competent supervisory authority from a State which is not a Member State, if the Supervisory Commission The financial agreement referred to in Article 4 (1) of the Financial Regulation has been concluded with that authority. 141f ust. 3,
(r) President of the Office of Competition and Consumer Protection:
-to the extent specified by the Law of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 items 404, 2008 items 585, of 2010 items 99, of 2011 r. items 1381 and from 2015. items 1830),
-in connection with the ongoing proceedings before the President of the Office of Competition and Consumer Protection carried out on the basis of the provisions of the Act of 16 February 2007. on the protection of competition and consumers (Dz. U. of 2015 items 184, 1618 and 1634),
(s) the prosecutor, the police and other authorities empowered to carry out preparatory proceedings in cases of criminal offences or investigations in matters of misconduct, to the extent specified in the Article. 78 par. 4 of the Act of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137, from late. zm.),
(t) the Customs Service body under the conditions and in accordance with the procedure laid down in Article 75 of the Act of 27 August 2009. o Customs Service (Dz. U. of 2015 items 990, with late. zm.),
(u) the entity referred to in Article 42 par. 4 of the Act of 10 June 2016. with the Bank Guarantee Fund, the deposit guarantee scheme and compulsory restructuring, to the extent necessary to ensure the proper implementation of the payment of the guaranteed funds,
(v) the administrative enforcement authority and the central liaison office referred to in Article 4. 9 of the Act of 11 October 2013. of mutual assistance in the investigation of taxes, customs duties and other monetary charges (Dz. U. Entry 1289 and 2015 items 211), in the exercise of their statutory tasks,
(w) the national administrator referred to in Article 3 point 22 of Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003 /87/EC of the European Parliament and of the Council, Decisions No 280 /2004/EC and No 406 /2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (Dz. Urz. EU L 122, 03.05.2013, str. 1), within the scope of its competence,
(wa) of the Financial Ombudsman referred to in Article 11 of the Act of 5 August 2015. on the consideration of the complaint by financial market players and the Financial Ombudsman (Dz. U. of 2016 r. items 892) to the extent necessary for the implementation of statutory tasks by him;
x) the Financial Supervision Commission in the event of receipt of a request for information necessary for the proper performance of the tasks in the field of controlled supervision of the capital market and in matters relating to the exercise of that supervision, from a supervisory authority over a capital market established in a Member State, or from a supervisory authority over a capital market established in another Member State, where the Financial Supervision Authority has concluded an agreement with that body, art. 20 para. 2 of the Act of 29 July 2005. on the supervision of the capital market (Dz. U. of 2016 r. items 1289),
(y) the auditors of the cooperative banks of the cooperative banks on the basis of a contract concluded with the cooperative bank,
(z) the Head of the Internal Security Agency, in accordance with the rules laid down in Article 4. 34a of the Act of 24 May 2002. o Internal Security Agency and the Intelligence Agency (Dz. U. of 2015 items 1929 and 2023 and 2016 items 147, 437, 904 and 960);
3) National Bank of Poland, in connection with the exercise of control and collection of data necessary for the preparation of the balance of payments and international investment position, as well as other banks entitled to mediate in the making by residents of remittances abroad and settlements in the country with non-residents, to the extent specified in the Act of 27 July 2002. -Law of foreign exchange (Dz. U. 2012 r. items 826, of 2013 items 1036 and of 2015 items 855 and 1893).
2. The scope and rules for the provision of information by the banks to the tax authorities, the General Inspector of Financial Information, the treasury audit authorities and the trustee and his deputy within the meaning of the provisions of the Act of 29 August 1997. about the lists of mortgages and mortgage banks (Dz. U. of 2016 r. items 1771), they regulate separate laws.
2a. Banks, upon the written request of the Social Insurance Institution, shall be required to draw up and provide information on the bank account numbers of the premiums payable and the transmission of data enabling the identification of the holders of these accounts.
Banki, upon written request of the body paying the benefit of social security or pension provision or salary in resting state, shall be required to draw up and transfer data enabling the identification of the co-holder (co-holders) of the joint account for which the benefits or salary were transferred for the period after the death of the operator.
3. Banks, other legal institutions authorised to grant credit, state bodies and persons who have disclosed the messages constituting the banking secrecy shall use these messages only within the limits of the authorisation referred to in the paragraph. 1.
4. Banks may, together with the banking chambers, set up the institutions authorised to collect, process and make available:
1) banks-information constituting a banking secrecy, to the extent that such information is needed in connection with the performance of banking activities and in connection with the use of internal methods and other methods and models referred to in Part Three Regulation No 575/2013;
2) other statutory institutions authorised to grant credit-information constituting a banking secret in so far as such information is necessary in connection with the granting of loans, cash loans, bank guarantees and sureties;
(3) credit institutions-information constituting a banking secret to the extent necessary to assess the creditworthiness of the consumer referred to in Article 9 of the Act of 12 May 2011. about consumer credit;
4) the lending institutions and entities referred to in art. 59d of the Act of 12 May 2011. about consumer credit, on the basis of reciprocity, information which is adequately covered by the banking secrecy and information provided by the lending institutions and the entities referred to in art. 59d of the Act of 12 May 2011. on consumer credit, to the extent necessary to assess the creditworthiness of the consumer referred to in Article 9 of this Act, and the analysis of credit risk.
4a. Institutions set up on the basis of the paragraph. 4 may make available, subject to paragraph. 4a 1 and 4a 2 , an office of economic information operating on the basis of the Act of 9 April 2010. on providing economic information and the exchange of economic data (Dz. U. of 2014 items 1015 and 1188 and of 2015 items 396) data in teletransmission.
4a 1 . Provide data based on paragraph. 4a may occur if the creditor requesting the data has obtained the written authorisation of the person to whom the data relate. The authorisation specifies the scope of the data to be made available
4a 2 The way in which the data are made available shall be determined by the cooperation agreement between the institution established by the paragraph 4 a bureau of economic information. The agreement shall include the model of authorisation referred to in paragraph 1. 4a 1 .
4b. Banks may share the office referred to in paragraph. 4a, data on obligations arising from contracts related to the carrying out of banking activities, if these agreements contain clauses informing about the possibility of transferring data to those offices.
4c. Clauses referred to in paragraph 1. 4b, shall contain information on the conditions under which the banks shall transmit the data referred to in Article 4 (2). 14 para. 1 and Art. 15 para. 1 of the Act referred to in paragraph 1. 4a.
4d. Institutions, formed in accordance with the paragraph. 4, may make available to financial institutions, entities dependent on banks, information on the obligations arising from contracts related to the execution of banking activities, if these agreements contain clauses informing about the possibility of the transfer of data to those financial institutions.
4e. Institutions established on the basis of the paragraph. 4 may make available to the lending institutions and the entities referred to in Article 4. 59d of the Act of 12 May 2011. about consumer credit, information constituting a banking secret, subject to a written consent to the person to whom the information relates to the transmission of this information.
4f. The consumer's consent may also be expressed in electronic form. In that case, the lending institution or the entity referred to in Article 59d of the Act of 12 May 2011. with consumer credit, they are obliged to perpetuate the consent of the IT data medium within the meaning of Article 4 of the Directive. 3 point 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
4g. Before the information is available on the basis of the paragraph. 4e institutions established on the basis of paragraph 1. 4 shall verify that the consumer has agreed to make available this information, in the form referred to in paragraph 1. 4e or 4f.
4h. Interchangements between institutions established on the basis of the paragraph. 4 and the lending institutions and entities referred to in Article 59d of the Act of 12 May 2011. consumer credit is subject to data enabling the consumer to be identified, including his contact details, as well as data on the consumer's obligation.
4i. Banks and institutions referred to in paragraph 1. Article 4 (2) and (3), shall be required to inform the institutions set up under the paragraph. 4 of the total repayment of the obligations, their termination, the finding of the non-existence of an obligation, the correction of its amount and the newly created obligations and their updates, within 7 days of the occurrence of the circumstances justifying the transfer information. Institution established on the basis of the paragraph. 4 shall be required to enter the information referred to in the preceding sentence to the harvest in which they are processed, within a period of not more than 7 days from the date of receipt.
5. The Bank shall be liable for damages resulting from the disclosure of bank secrecy and use of its inasmuch use.
6. The Bank shall not be liable for the damage resulting from the disclosure of bank secrecy by persons and institutions authorized by the Act to require banks to provide information constituting a banking secret.
7. The Minister responsible for financial institutions, after consulting the Polish Financial Supervision Authority, shall determine, by means of a regulation, the detailed scope of the data subject to the exchange referred to in paragraph 1. 4h, having regard to the proper protection of the rights of the persons concerned, and to ensure that the creditworthiness of the consumer and the analysis of credit risk are assessed.
Art. 105a. [ Processing of information constituting a banking secret] 1. Processing by banks, other statutory institutions authorised to grant loans, loan institutions and entities referred to in art. 59d of the Act of 12 May 2011. about the consumer credit, as well as the institutions created on the basis of art. 105 (1) 4, information constituting the banking secrecy and information provided by the lending institutions and the entities referred to in art. 59d of the Act of 12 May 2011. o consumer credit, in the field of natural persons may be exercised, subject to art. 104, art. 105 and art. 106-106d, for the assessment of creditworthiness and credit risk analysis.
2. Subject to paragraph. 3, the institutions referred to in paragraph 1. 1, may process information constituting a banking secrecy and information provided by the lending institutions and the entities referred to in art. 59d of the Act of 12 May 2011. with a consumer credit, as far as natural persons are concerned after the expiry of the obligation arising from a contract concluded with a bank, another statutory institution authorised to grant credit, the lending institution or the entity referred to in Article 59d of the Act of 12 May 2011. o consumer credit, subject to the written consent of the person to whom the information relates, subject to the paragraph. 2a. This consent may be cancelled at any time.
2a. The consent of the person may also be expressed in electronic form. In this case, the banks, institutions and bodies referred to in paragraph 1 shall be subject to the provisions of the 1, they are obliged to perpetuate the consent of the IT data medium within the meaning of art. 3 point 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.
3. Banks, institutions and bodies referred to in paragraph 1. 1, may process information constituting the banking secrecy and information provided by the lending institutions and the entities referred to in art. 59d of the Act of 12 May 2011. with consumer credit, on natural persons following the termination of the obligation arising from a contract concluded with a bank, another statutory institution authorised to grant credit, the loan institution or entity referred to in Article 59d of the Act of 12 May 2011. with a consumer credit, without the consent of the person whose information relates when the person has not fulfilled the obligation or has committed a delay of more than 60 days in the fulfilment of the benefit of the contract concluded with the bank, another legal institution authorised to the granting of credit, the lending institution or the entity referred to in Article 59d of the Act of 12 May 2011. with a consumer credit and, after the existence of such circumstances, elapsed at least 30 days from the bank's notification to the person, another statutory institution authorised to grant credit, the lending institution or the entity referred to in art. 59d of the Act of 12 May 2011. about the consumer credit, the intention to process it with this information, without its consent.
4. Banks and institutions referred to in art. 105 (1) 4, may process bank secrets information concerning the natural person after the expiration of the obligation resulting from a contract concluded with a bank or other statutory institution authorized to grant credits without the consent of the person whose information concerning, for the purposes of the application of internal methods and other methods and models referred to in Part Three of Regulation (EC) No 575/2013.
5. Processing of information constituting a banking secret in the cases referred to in the paragraph. 3, may be carried out for a period of not more than 5 years from the date of expiry of the undertaking and in the case referred to in paragraph. 4, for a period of 12 years from the date of expiry of the commitment.
6. The scope of the processed information referred to in paragraph. 3 and 4, may include data relating to a natural person or data relating to a commitment.
(7) The Minister responsible for financial institutions, after consulting the competent authorities, shall determine, by means of a regulation, the detailed scope of the information processed referred to in paragraph 1. 6, and the mode of disposal, taking into account the proper protection of the rights of the persons concerned, and the need to ensure the security of the funds collected in banks and other legal institutions authorised to grant credit.
Art. 105b. [ Entities authorised to obtain information after the death of the account holder] Entities referred to in Article 105 (1) 1 point 2 (a) a-h, k, p, s, t and v, within the limits of the powers deriving from these provisions, as well as the municipality, after obtaining the information referred to in art. 111c, from which it is apparent that the account holder has died, shall be entitled to obtain the aggregate information referred to in Article 92ba ust. 1, in any bank.
Article 106. [ Oppression of the use of the bank's activities for purposes related to the crime] 1. The Bank shall be obliged to counteract the use of its activities for purposes related to the criminal offence referred to in art. 165a or art. 299 of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137), hereinafter referred to as the 'penal code'.
2. The mode of the bank's conduct in the event of the existence of the circumstances referred to in paragraph. 1, shall specify a separate law.
3. (repealed)
4. (repealed)
5. (repealed)
Article 106a. [ Notice] 1. In the event of a reasonable suspicion that the activity of the bank is used to conceal criminal activities or for purposes related to a treasury or other criminal offence than the offence referred to in art. 165a or art. 299 of the penal code-the bank shall notify the prosecutor, the Police or any other competent authority empowered to conduct the preparatory proceedings.
2. The prosecutor, the Police or any other competent authority authorised to conduct the preparatory proceedings, which has received the notification referred to in the paragraph. 1, may request the addition of information, also in the course of the action taken under Article 307 of the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. of 2016 r. items 1749).
3. In the event of a reasonable suspicion that the funds collected in the bank account of the funds, in whole or in part, originate or are related to a criminal offence other than the offence referred to in art. 165a or art. 299 of the penal code, the bank is entitled to make a blockade of funds on this account. The lock may be held only up to the amount collected on the account of the measures which are suspected of being blocked.
4. The lock of funds in the account, made in the circumstances referred to in the paragraph. 3, it shall not last longer than 72 hours.
5. They shall immediately after the blockade referred to in paragraph 1. 3, the bank shall notify the prosecutor.
6. Within the period specified in the paragraph 4, the prosecutor shall issue a decision to initiate or refuse to initiate proceedings, which shall be immediately notified to the competent bank. The term specified in Article 307 § 1 of the Code of Criminal Procedure does not apply. In the event of the opening of the proceedings, the prosecutor shall, by way of order, make a block of funds on the account for a period of time marked not more than three months after receipt of the notification referred to in paragraph 1. 5. The provision shall specify the scope, the manner and timing of the account lockout.
7. The order of the prosecutor on the application of the block of funds on the account shall be entitled to a complaint to the court competent to identify the case.
8. The lock of funds in the account shall fall if, before the expiry of the period of 3 months from receipt of the notification referred to in paragraph 1. 5, no provision for property collateral will be issued.
9. In matters concerning the blocking of funds on the account, not regulated by the Act, the provisions of the Code of Criminal Procedure shall apply.
10. The Bank shall not be liable for the damage which may arise from the execution in good faith of the obligations set out in the paragraph. 3-5. In such a case, if the circumstances referred to in paragraph 1 are concerned. 3-5, have not had a connection to the crime or the conceit of criminal activities referred to in paragraph. 1, the liability for damage resulting from the filing of a block of funds on the account shall be borne by the State Treasury.
11. The Bank shall hold a block of funds in the bank account, in its entirety, also at the request of the account lock referred to in Art. 75e ust. 1 of the Act of 27 August 2009. o Customs Service. The provisions of the paragraph 10 shall apply mutatis mutandis.
Article 106b. [ Proposal] 1. In addition to the cases referred to in art. 105 and art. 106a, the prosecutor conducting the proceedings for a criminal offence or a treasury offence may require the bank, persons employed in the bank and persons through whom the bank performs banking activities, to provide information constituting the banking secrecy only on the basis of the order issued at his request by the competent local district court.
2. The application referred to in paragraph 2. 1, it shall contain:
1) the number or signature of the case;
2) a description of the offence together with the legal qualification to which the preparatory proceedings are concerned;
3) circumstances justifying the need for information to be made available;
4) an indication of the person or organizational unit to whom the information relates;
5) the entity obliged to provide information and data;
6) type and scope of information.
3. After examination of the application, the court shall, by order, agree to provide the information, specifying their type and scope, the person or organizational unit to which they relate, and the entity obliged to make them available, or refuses to grant the consent to provide information.
4. To the order of the court referred to in paragraph. 3, shall be entitled to the complaint of the prosecutor requesting the decision.
5. An authorized by the court of the prosecutor in writing shall inform the entity obliged to release the information about the content of the court, the person or entity to whom the information is to be concerned, the type and scope of that information.
Article 106c. [ Request for information] The prosecutor conducting the proceedings, in the cases referred to in art. 105 (1) 1 point 2 (a) b and c, may-on the basis of the order issued at his request by the competent local district court-to request information constituting a bank secret from the entities to which the bank disclosed the information constituting the bank secrecy. The provisions of Article 4 106b ust. 2-5 shall apply mutatis mutandis.
Article 106d. [ The cases of processing and making available the information covered by the banking secrecy] Banks, other legal institutions authorised to grant loans, institutions set up under Article 105 (1) 4, loan institutions, financial institutions referred to in art. 4 par. 1 point 7 (c) and the entities referred to in Article 7 (1) (c) and (c) 59d of the Act of 12 May 2011. with consumer credit, may process and share information, including information covered by banking secrecy, in cases of:
1) reasonable suspicion, referred to in art. 106a ust. 3;
2) crimes or reasonable suspicion of committing criminal offences to the detriment of banks, other bodies legally authorised to grant loans, credit institutions, financial institutions, lending institutions and entities, o which are referred to in art. 59d of the Act of 12 May 2011. about consumer credit, and their clients, in order to and the extent necessary to prevent these crimes.
Article 107. [ Liability of bank employees] An employee of a bank who, contrary to his duties, does not notify the circumstances listed in Article 4. 106 (1) 1, bears the responsibility of the order, which does not exclude criminal liability if the act fulfils the marks of a criminal offence.
Article 108. [ Liability for damages] The Bank shall not be liable for any damage which may arise from the execution in good faith of the obligations laid down in the Article. 106 (1) 1. In such a case, if the circumstances referred to in Article 106 (1) 1, have no connection to the crime or the conceit of criminal activities, the liability for damage resulting from the interruption of banking activities shall be borne by the State Treasury.
Article 109. [ General terms and conditions of agreements and regulations] 1. The Bank shall, in the field of its activity, issue general terms and conditions of agreements or regulations specifying:
1) conditions for opening and running bank accounts;
2. the types of loans to be granted and the terms and conditions of loan agreements and loan agreements;
3) conditions for making available safe deposit boxes;
4) the conditions for the execution of other service activities of the bank.
2. The provisions of the general terms and conditions of the agreements and regulations referred to in paragraph 1. 1, shall be binding on the parties, unless the parties in the agreement establish a different right of their rights and obligations.
Article 110. [ Commissions and Charges] The Bank may charge fees and charges for the execution of banking activities provided for in the contract and the fees for carrying out other activities, including fees for the preparation, preparation and transmission of information constituting a banking secret. authorised by law to persons, bodies and institutions, except in cases where the provision of information is made on request:
1) a court or prosecutor in the course of criminal proceedings or proceedings in a treasury crime case;
2) a prosecutor in cases concerning the exploitation of the activities of banks for purposes related to the criminal offence referred to in art. 299 of the Criminal Code;
3) the persons authorized by the Resolution of the Financial Supervision Commission and the Supervision of Banking Supervision;
4) the General Tax Inspectorate, the Director of the Tax Inspectorate and the Head of the Tax Office within the scope of the separate statutes;
5. the Social Insurance Institution in matters relating to the bank account numbers of the payers of contributions and the data enabling the holders of these accounts to be identified;
6) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau in connection with checks carried out on the basis of the provisions for the protection of classified information;
7) the prosecutor, the Police and other bodies authorized to conduct preparatory proceedings in cases of criminal offences or investigations in cases of misconduct-as regards the information provided for the purposes of these proceedings;
8) the Customs Service body issued in connection with the ongoing proceedings for a treasury offence.
Article 111. [ Announcements by the Bank] 1. The Bank shall be obliged to advertise at the place where the activities are performed, in a general manner:
(1) the rate of interest rates applied on bank accounts, loans and loans;
2) the applicable commission rates and the amount of charges levied;
3) the time limits for capitalisation of interest;
4) the exchange rates applied;
5) balance sheet with the opinion of the auditor for the last period under examination;
6) the composition of the board and the supervisory board of the bank;
7) (repealed)
8) the names of persons authorised to enter into obligations on behalf of the bank or the organizational unit of the bank.
9) (repealed)
2. Cooperatives ' Banks shall be required in addition to the information referred to in paragraph. 1, specify the area of its operation and the bank of the association.
Article 111a. [ Information to be made by the bank mandatory] 1. The Bank shall state in the report on the activities of the entity referred to in the Act of 29 September 1994. of accounting, in addition:
1. information on its activities broken down by individual Member State and third country in which it has subsidiaries, on a consolidated basis within the meaning of the Article. 4 par. 1 point 48 of Regulation (EC) No 575/2013 for a given financial year;
2. information on the rate of return on assets calculated as net yielding net profit and balance sheet total;
3) information on the conclusion of the contract as referred to in art. 141t (1) 1, the parties to the contract, the subject matter of the contract and the costs, provided that it operates in one of the holding companies referred to in Article 3 (1) (a) 141f ust. 1, or the absence of such a contract.
2. The information referred to in paragraph. In point 1, they shall include:
1) the name, nature and geographical location of the activity;
2. turnover in a given year in the financial statements;
3) the number of employees in a full-time basis;
(4) profit or loss before tax;
5) income tax;
6) financial support received from public funds, in particular on the basis of the Act of 12 February 2009. to grant your support to financial institutions by the Treasury (Dz. U. of 2016 r. items 1436).
3. The information referred to in paragraph. 2, shall be subject to examination by a statutory auditor.
4. The Bank shall publish, in a general manner, a description of the management system, including the risk management system and the internal control system and remuneration policy, the appointment of a remuneration committee, and the information on the meeting the members of the supervisory board and the board of directors of the requirements laid down in art. 22aa.
5. The bank conducting the website shall be obliged to advertise on it the information referred to in paragraph. 1 and 4.
6. The Polish Financial Supervision Authority may, in justified cases, order the bank to increase the frequency of advertising and the use of certain media and the places of publication of the information referred to in art. 431-455 of Regulation No 575/2013 and to designate the bank the time limits within which it will be required to advertise this information.
7. The Polish Financial Supervision Authority may order the parent company of a national bank to publish annually, in a general way available, as indicated by the Commission, in full form or by posting references to equivalent information, a description of the structure the legal and organisational structure and organisational structure of the group, in particular:
1) information on the existence of close links between the entities included in the group;
2) a description of the management system of the entities included in the group, including the risk management system and the internal control system and remuneration policy.
Article 111b. [ Obligation to advertised information on entrepreneurs] 1. The Bank shall be obliged to publish in general available information about the entrepreneurs or foreign entrepreneurs referred to in Art. 6a par. 1 and 7, in so far as it is granted access to information protected by banking secrecy when carrying out the activities of a bank or other economic operator or a foreign entrepreneur, as referred to in those provisions, by the bank.
2. The information referred to in paragraph. 1, the bank shall also be obliged to make available free of charge, at the request of the person concerned, at the place of the exercise referred to in art. 111 (1) 1.
Art. 111c. [ Information provided to the municipality of the last place of residence of the non-living bank account holder] In the event of termination or expiration of the bank account agreement for the reasons referred to in art. 59a (b) 1-3, the bank is obliged in writing to inform the municipality of the last place of residence of the bank account holder about:
1) the date on which the bank has taken information about the death of the bank account holder,
2) the date of issue by the holder of the bank account at the last disposal concerning that account, and in the event that the contract provided for the operation of more than one account-those accounts,
3) the amount of cash collected on the account, and in the event that the contract provided for the holding of more than one account-in the accounts,
4) the amounts and titles of payments made from the account, and in the event that the contract provided for the operation of more than one account-from the accounts,
5) the possibility for it to acquire the right to cash, as referred to in point 3, in accordance with art. 935 of the Act of 23 April 1964. -Civil Code
-indicating the source and basis of the findings.
Article 112. [ Court of jurisdiction for disputes between banks and NBP] Disputes arising out of relations between the National Bank of Poland and other banks against the background:
(1) minimum reserves,
2. interbank accounts,
(3) trading of securities
-recognizes Provincial Court [ 11] in Warsaw-the Economic Court.
Art. 112b. [ Processing Information] The banks may process information contained in the identity documents of natural persons for the purpose of banking activities.
Art. 112c. [ A ICT system serving the seizure of receivables from a bank account] 1. Banks shall operate a computer system serving the seizure of receivables from the bank account.
2. The information technology system referred to in paragraph 2. 1, may be carried out by the clearing house referred to in art. 67, or the institution referred to in art. 105 (1) 4.
Art. 112d. [ Claim of receivables from the debtor's bank account] 1. The concept of receivables from the bank account of the debtor, the bank shall perform via the ICT system referred to in art. 112c.
2. The Minister responsible for financial institutions, in agreement with the Minister responsible for economic affairs and the Minister responsible for information, will determine, by way of regulation, detailed requirements for the identification of the bank in the system telecommunication referred to in Article 112c, the way of using an electronic signature for the purposes of the authorisation of the content transferred on that system and the requirements for the delivery of the correspondence through it, with a view to the security of the use of documents in the the electronic form and the efficient seizure of a bank account.
Chapter 9
Association, merger and division of banks
Article 121. [ Banking Chambers] 1. Banks may be affiliated to the bank of the Chamber of Economic Isles.
2. The provisions of the Act of 30 May 1989 shall apply to the banking chambers of commerce. o Economic Chambers (Dz. U. 2009 r. items 710, z 2014 r. items 1662 and of 2016 items 1228).
Article 122. [ Banking Associations] 1. Banks may, on the basis of a contract, associate with other banks.
2. The rights and obligations of the members of the association shall determine the contract.
3. The creation of an association shall be notified to the Financial Supervision Commission, which shall also be notified to the association agreement.
Article 123. [ Council of Association] 1. The board of directors of banks shall form the board of association.
2. The scope and mode of operation of the Board of affiliated banks and the execution of its resolutions shall be determined by the agreement.
Article 124. [ Connecting banks] 1. The Bank may connect only with another bank or a credit institution, after obtaining the permission of the Financial Supervision Commission.
2. The Polish Financial Supervision Authority refuses to issue the permit referred to in paragraph. 1 if the merger would lead to a breach of the law, the interests of the bank's clients involved in the merger or would jeopardise the security of the funds collected in that bank.
3. In the case where the acquiring bank is a national bank, the merger can only be effected by transferring the entire assets of the acquired bank or the taking over of the credit institution to the acquiring bank, for the shares or shares which the acquiring bank is responsible for issue to the members or shareholders of the acquiree or the credit institution concerned. The shares or shares shall not appear in the case referred to in Article 514 of the Code of Commercial Companies.
Art. 124a. [ Acquisition of bank company by bank] The acquisition of a banking company or its organised part by the bank requires the authorisation of the Polish Financial Supervision Authority.
Article 124b. [ Independence of the division] Cooperative banks are not subject to the division referred to in the provisions of Part I of Title I of Chapter XI of the Act-Cooperative Law.
Article 124c. [ Division of the bank in the form of a public limited company] 1. Banks in the form of a joint-stock company shall be subject to division only in the manner set out in Art. 529 § 1 point 4 of the Commercial Companies Code, provided that the transfer of a share of the assets of a shared bank will be made to a public limited company which is a national bank or a credit institution.
2. The division of the bank referred to in paragraph 2. 1, requires the authorisation of the Polish Financial Supervision Authority. The Financial Supervision Commission shall refuse authorisation if the division is likely to be unfavourable to the prudent and stable management of the divided bank or the banks for which the share of the shared bank is transferred or if the division is likely to cause serious damage to the national economy or to the important interests of the State.
Article 124d. [ Information on the merger of banks or acquisition of the bank's company] 1. In the case of merging the banks, taking over the bank or acquiring the bank's company, the bank shall inform the entity referred to in art. 20 of the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and compulsory restructuring, of merger, acquisition or acquisition at least one month before the planned merger, acquisition or acquisition. The Financial Supervision Commission may set a shorter notification period in order to protect business secrets or financial stability.
2. Where the measures referred to in Article 17 para. 1 of the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, collected at the bank resulting from the event referred to in paragraph. 1, exceed the value specified in art. 24 ust. 1 of this Act, may be paid within 3 months from the date of notification referred to in paragraph. 1, in the amount exceeding the value of the guaranteed funds, without the loss of accrued interest and the payment of the fees for that title.
Chapter 10
Own funds, internal capital and financial management of banks
Article 126. [ Size of own funds] Banks are required to hold own funds within the meaning of the Article. 4 par. 1 point 118 of Regulation (EC) No 575/2013, adapted to the size of the business.
Article 127. [ Qualification of equity instruments and subordinated loans] [ 12] 1. Equity instruments and subordinated loans qualify as Additional Tier 1 instruments referred to in art. 52 of Regulation (EC) No 575/2013 and Tier 2 instruments referred to in Article 52 of Regulation (EC) No 575/2013 and 63 of Regulation (EC) No 575/2013, after obtaining the consent of the Financial Supervision Commission.
2. The Polish Financial Supervision Authority shall give the consent referred to in paragraph. 1, if the conditions referred to in:
1. 52 of Regulation (EC) No 575/2013-in relation to Additional Tier 1 instruments;
2. Article 63 of Regulation (EC) No 575/2013-in relation to Tier 2 instruments.
Article 128. [ Strategies and procedures for estimating and continuing internal capital;] 1. The Bank shall be obliged to maintain the sum of own funds at a level not lower than the higher of the following values:
1) the value resulting from the fulfilment of the own funds requirements referred to in art. 92 of Regulation No 575/2013;
2) the amount estimated by the bank, necessary to cover all identified, material risks occurring in the activity of the bank and changes in the economic environment, taking into account the expected level of risk (internal capital).
The Bank shall draw up and implement strategies and procedures for estimating and continuing to maintain internal capital.
1b. The strategies and procedures referred to in paragraph 1. 1a, should be effective, comprehensive and adequate to the nature, scale and complexity of the bank's activities.
2. The Bank shall carry out regular reviews of the strategies and procedures referred to in paragraph 2. 1a.
2a. The Bank counteracts the risk of excessive leverage within the meaning of art. 4 par. 1 point 94 of Regulation (EC) No 575/2013, taking into account the potential increase in this risk due to the reduction of own funds in relation to the expected or realised losses.
3. [ 13] (repealed)
3a. The Polish Financial Supervision Authority, taking into account the nature, scale and complexity of the bank's activities, monitors the bank's compliance with the requirements for the use of credit ratings when carrying out an assessment of the entity's creditworthiness, or the financial instrument referred to in Article (5a) Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Dz. Urz. EU L 302, 17.11.2009, p. 1, from late. zm.).
3b. The Bank, which has been authorised to use the internal method, shall transmit to the Financial Supervision Commission and to the European Banking Authority, at least once a year, the results of the calculation of the own funds requirements on the basis of the applicable an internal method, together with an explanation of this method.
3c. The Polish Financial Supervision Authority may, through consultation with the European Banking Authority, develop reference portfolios for which the bank will be required to calculate the hypothetical own funds requirements by using an internal method, to which it was authorised. In relation to the results of the calculation of the paragraph, 3b shall apply mutatis mutandis.
3d. The bank forwards the information referred to in paragraph. 3b and 3c, in accordance with the model drawn up by the European Banking Authority, adopted by the European Commission by implementing the technical standard on the basis of art. 15 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010. on the establishment of a European Supervisory Authority (European Banking Authority), amendments to Decision No 716 /2009/EC and repealing Commission Decision 2009 /78/EC (Dz. Urz. EU L 331, 15.12.2010, p. 12, of late. zm.), hereinafter referred to as 'Regulation No 1093/2010'. If the Financial Supervision Commission has drawn up the portfolios referred to in paragraph 1. 3c, the bank shall at the same time forward the results of the calculations referred to in paragraph 1. 3b and 3c.
3e. On the basis of the information referred to in paragraph 1. 3b and 3c, the Financial Supervision Commission monitors the values of the own funds requirements calculated by the banks using internal methods. At least once a year, the Financial Supervision Authority shall evaluate the quality of these methods, taking into account methods:
(1) the application of which results in significant differences in the own funds requirements for the same exposure;
2) for which the discrepancy is exceptionally large or small, and for which significant and systematic underestimation of the own funds requirements is observed.
3f. Where the assessment referred to in paragraph 1 is made. 3e, there are significant differences between the results of the calculation of own funds requirements submitted by the bank in question in accordance with paragraph 3. 3b and 3c, and the results of a group of banks with a similar portfolio risk profile for credit risk or a group of banks with a similar risk level of the underlying portfolio in terms of market risk or when methods the internal rules applied by the bank show few characteristics in common with the internal methods used by a group of banks with a similar portfolio risk profile for credit risk or a group of banks with a similar risk profile. a similar risk level of the underlying market risk portfolio, leading to significant divergence of the results, the Financial Supervision Commission examines the reasons for such a situation, and if it is possible to make a clear statement that the method used by the bank leads to an underestimation of the own funds requirements, not resulting from the the difference in the risks associated with the exposures or transactions in the reference portfolio, the Commission may apply the measure referred to in Article 3. 138d ust. 1, and instruct the bank to verify the internal method used and to make changes to it.
3g Paragraph of the provisions of the paragraph. 3b-3f does not apply to the advanced measurement method referred to in art. 312 ust. 2 of Regulation No 575/2013.
4. (repealed)
5. (repealed)
6. The Minister responsible for financial institutions shall determine, by way of regulation, a detailed way of estimating internal capital and reviewing the strategies and procedures referred to in paragraph by the bank. 1a, taking into account the need to ensure an adequate approach to the risk-taking in business, the adequacy of the strategy and the procedures for estimating internal capital to the nature, scale and complexity of the bank's activities, including adjustments to the new risks, significant changes to the strategy and action plans and the external environment in which the bank operates.
6a. The Minister responsible for financial institutions, after consulting the Financial Supervision Authority, may determine, by means of a regulation:
1) the treatment by the banks of qualifying holdings of shares of entities outside the financial sector referred to in art. 89 par. 3 of Regulation No 575/2013,
2. a higher risk weight for exposures secured by mortgages on immovable property referred to in art. 124 (1) 2 of Regulation No 575/2013,
3) approaches or requirements for own funds referred to in art. 327 (1) 2 of Regulation No 575/2013,
4) the exposure limit to the client or group of connected clients lower than 150 000 000 euros referred to in art. 395 ust. 1 of Regulation No 575/2013,
5) a higher requirement for liquidity coverage as referred to in art. 412 (1) 5 second sentence of Regulation (EC) No 575/2013
-with regard to the activities of the banks, taking into account the need for banks to maintain adequate levels of own funds and liquidity and the need to ensure stability, security and the proper functioning of the market .
7. In the event of failure to meet the requirements referred to in paragraph. 1, the bank shall be obliged to notify the Financial Supervision Commission immediately.
8. (repealed)
9. [ 14] (repealed)
10. [ 15] (repealed)
Art. 128a. [ The provision of information on the structure of own funds] The Bank shall be required to provide, at the request of the Financial Supervision Commission, information on the structure of own funds referred to in Article 4. 126, and the fulfilment of the requirements and standards laid down in the Article. 128 and the provisions of Regulation No 575/2013.
Article 128b. [ Permit to be entrusted to another Bank for the assessment of the capacity and risk analysis] 1. [ 16] (repealed)
2. The Polish Financial Supervision Authority may, at the request of a state-owned bank, issue a permit for entruning another bank with an assessment of the ability to repay the undertaking and to analyse the risk of payment of the obligation in the case of:
1) to grant to that bank by a state bank the guarantee or surety of the credit portfolio understood as a set of individual loans granted by that bank, for which the total amount of the guarantee limit or guarantees for a specified period of time determines the contract between this bank and the State bank;
2) to grant the surety or guarantee of the portfolio of due performance of other liabilities understood as a collection of individual civil-law contracts, for which the total amount of the limit of guarantees or guarantees is determined by the agreement between the bank and the state bank.
Art. 128c. [ Notification of the acquisition of shares] The Bank is obliged to report to the Financial Supervision Commission with a 30-day advance intention to acquire a holding or holding, the value of which will exceed 5% of the bank's own funds.
Article 129. [ Bank's financial economy] 1. Banks shall carry out their own financial economy on the basis of a financial plan in such a way as to ensure coverage of the revenues generated by the operating expenses and liabilities.
2. The creation from the write-off from the net profit of the funds and their purpose, and the rules for covering the losses shall be determined by the statutes of the bank.
3. The purpose of the distribution between shareholders of the amount exceeding the profit for the last financial year, less the uncovered losses, the own shares and the amounts that cannot be allocated for the payment of dividends, requires the approval of the Supervisory Commission Financial.
Article 130. [ Reserve for general risk] (1) Banks may create a general risk reserve in order to cover an unidentified risk associated with the conduct of banking activities. The banks shall establish and resolve this reserve on the basis of an assessment of that risk, taking into account in particular the volume of receivables and off-balance-sheet commitments given.
2. The size of the annual write-off for the general risk reserve referred to in paragraph 2. 1, shall be:
1) at most 1.5% of the outstanding amount of loans and cash loans, less the amount of loans and loans, classified according to separate provisions to the categories executed at the end of the previous financial year;
2. no more than the amount of the write made in the current financial year from the profit for the previous year to the general risk fund referred to in Article 3 (2) of the Financial Regulation. 26 par. 1 litas f of Regulation No 575/2013.
3. The copy referred to in paragraph. 2, may be made no more than once a month in equal amounts. Pending the write-off of a general risk fund in the current financial year, the basis for the determination of the amounts may be the prediction or proposals for that deduction in the financial plan.
4. The Bank shall terminate the reserve at risk of general risk if the bank's assessment of the circumstances justifies the continuation of the reserve.
Article 130a. [ Conversion of commitments] 1. The contingent on the conditional increase in the bank's share capital may be taken to convert the bank's liabilities from financial instruments that anticipate the conversion of the liability into shares in the event of an event associated with the situation financial, solvency, capital position or level of the bank's own funds (coercive instruments), to share capital.
2. Conversion of liabilities from instruments forcibly convertible into bank shares occurs at the time of occurrence of the events indicated in the emission conditions as the basis for conversion.
3. They shall immediately after the occurrence of the occurrence of the events indicated in the terms of issue as the basis for the conversion of the bank's management shall be notified to the court of registration of shares as a result of the conversion of liabilities from the instruments forci
Chapter 11
Banking supervision
Article 131. [ Banking Supervision Commission] 1. The activities of banks, branches and representations of foreign banks, branches and representations of credit institutions are subject to banking supervision exercised by the Financial Supervision Commission in the scope and on the principles set out in this the Act and the Law of 21 July 2006. on the supervision of the financial market.
2. Supervision over the activity of a branch or a representation of a foreign bank in the country and a branch or representation of a domestic bank abroad, including the scope and mode of carrying out the control activities, may be executed within the scope agreed upon in the agreement of the Financial Supervision Commission with the competent supervisory authorities.
3. The Polish Financial Supervision Authority may, in accordance with the provisions of the agreement referred to in paragraph 1, 2, provide information on the bank to the banking supervisory authority of another country, if:
1) as a result, the economic interest of the Republic of Poland will not be affected;
2) the use of information provided only for the purposes of banking supervision is ensured;
3. It is ensured that the transfer of information provided outside the banking supervisory authority is possible only after prior approval of the Financial Supervision Commission.
If the competent supervisory authority refuses to enter into the agreement referred to in paragraph 1, the said paragraph shall be set out in the 2, or in spite of its conclusion, does not apply to its provisions, including does not give within the prescribed period of information the information requested by the Financial Supervision Commission, or refuses to grant such information, the Financial Supervision Commission may notify the European Banking Authority thereof.
4. (repealed)
5. (repealed)
6. (repealed)
7. (repealed)
Article 131a. [ Financing of supervision costs] 1. Banks shall be obliged to contribute to the payment of bank supervision, which constitute the product of the sum of the balance sheet assets of the banks and of the rate not exceeding 0,024%.
1a. Payments made by a bank which is a participant in the protection system referred to in art. 22b par. 1. The act on the functioning of cooperative banks, their association and association banks shall amount to 80% of the amounts to which it would be subject to payment in the event of non-participation in such a system.
1b. With the payments referred to in paragraph 1. 1, also covers 16.5% of the value of the costs referred to in art. 17 para. 1 of the Act of 29 July 2005. on the supervision of the capital market.
2. Receivables for the payment of the supervision costs referred to in paragraph 1. 1, shall be subject to enforcement in the procedure of enforcement proceedings in the administration.
3. The President of the Council of Ministers shall determine, by means of a regulation, the time limits for payment, the amount and the method of calculation of the payments referred to in paragraph. 1, and the manner in which the payments referred to in paragraph 1 are covered by the payments. 1, the costs of banking supervision and the share of the costs referred to in paragraph. 1b, with a view to ensuring the effectiveness of the supervision exercised.
4. (repealed)
Article 132. [ Initiate surveillance action] [ 17] The Minister responsible for financial institutions may ask the Commission for Financial Supervision to take up the activities or measures under the supervision referred to in Article 4. 133 and Art. 138.
Article 133. [ Objectives of supervision] 1. The purpose of supervision is to provide:
1) the security of cash collected in bank accounts;
2) the compliance of the activities of the banks with the provisions of the Act, of Regulation No 575/2013, the Act of 29 August 1997. about the National Bank of Poland, the statute and the decision to issue a permit for the creation of a bank;
3) the compliance of the activities carried out by the banks in accordance with art. 70 par. 2 of the Act of 29 July 2005. marketing of financial instruments with the provisions of this Act, this Act and the statutes.
1a. In carrying out its tasks, the Polish Financial Supervision Authority shall take into account the guidelines and recommendations of the European Banking Authority. In the event of failure to take account of the guidelines or recommendations of the European Banking Authority, the Committee on Financial Supervision shall state the reasons for their disregard
2. The activities of the banking supervision shall consist, in particular, of:
1) making an assessment of the financial position of the banks, including the examination of solvency, the quality of the assets, the liquidity of the payment, the financial result of the banks;
2) a study of the quality of the system of managing the bank, in particular the risk management system and the internal control system;
3) a study of the compliance of loans, cash loans, letters of credit, bank guarantees and guarantees and issued bank securities with the provisions in force in this respect;
4) a study of the security and timeliness of the repayment of loans and cash loans;
5. the examination of the observance of the limits referred to in Article 79a, and the limits referred to in Article 395 of Regulation (EC) No 575/2013 and the assessment of the process of identification, monitoring and control of the concentration of exposures, including large exposures;
6) the examination of the compliance by the bank, specified by the Financial Supervision Commission of the standards of acceptable risk in the activities of the banks, of the risk management of the business, including the adjustment to the type and scale of the activities of the process bank the identification and monitoring of risks and the reporting of risks;
7. the assessment of the assessment, maintenance and review of internal capital;
8) a study of the performance of the duties by the banks referred to in art. 56a, art. 59a, art. 59b, art. 92ba-92bd and art. 111c.
2a. The activities referred to in paragraph 2. 2, may also be carried out in the manner specified in Art. 138c ust. 2 point 3.
3. The control activities of the employees of the Office of the Polish Financial Supervision Authority shall be carried out upon presentation of the official identity card and service of the authorization issued by the Chairman of the Financial Supervision Authority.
3a. The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity.
4. The Polish Financial Supervision Authority and the persons performing the activities of the banking supervision shall not be liable for the damage resulting from the lawful acts or omissions which remain in connection with the supervision exercised by the Supervisory Commission Financial supervision over the activities of banks, branches and representations of foreign banks and branches of credit institutions.
Article 133a. [ Examination and supervisory assessment of the bank] 1. The Polish Financial Supervision Authority shall at least once a year carry out the examination and supervisory assessment of the bank, or review and verify the results of the previous audit and supervisory assessment.
2. The examination and the supervisory assessment shall include the identification of the size and nature of the risks to which the bank is exposed, the assessment of the quality of the risk management process, the assessment of the level of capital covering the risks arising from the bank's activities and the management of the bank, including the compliance of the bank's activities with the provisions of the Act, Regulation No. 575/2013, the Act on the National Bank of Poland, with the statute and decisions about the issuance of a permit for the creation of a bank and the start of its activities and an assessment of activities carried out by the bank following the application of the measures referred to in Article 138, art. 138c and art. 141.
3. In the audit and supervisory review, the Financial Supervision Commission shall take into account the systemic risk that the bank may create and the results of the identification, assessment and monitoring of systemic risk arising from the financial system or its surroundings, and actions to eliminate or reduce this risk with the use of macro-prudential instruments introduced by the Financial Stability Committee in accordance with the Macro-prudential Supervision Act.
4. In the study and supervisory evaluation, the Financial Supervision Commission shall take into account the results of stress tests, including the tests referred to in art. 133b and the stress tests carried out in accordance with art. 177 of Regulation No 575/2013 by the Bank using the Internal Ratings Approach or the Internal Model Method referred to in Article 3 (1) of Regulation (EC) No 575/2013. 143 (1) 1 and Art. 363 of Regulation No 575/2013.
5. The Polish Financial Supervision Authority shall inform the bank of the outcome of the examination and supervisory assessment and shall, if necessary, take the necessary measures in accordance with art. 138, art. 138c, art. 138d and art. 141.
6. Where the examination and the supervisory assessment show that the bank may pose systemic risk in accordance with art. 23 of Regulation (EC) No 1093/2010, the Financial Supervision Authority shall inform the European Banking Authority and the Financial Stability Committee.
7. The Polish Financial Supervision Authority shall provide the European Banking Supervision Authority with information on the functioning of the examination and supervisory assessment procedures.
8. Where banks with a similar risk profile, in particular of similar business specificities or a similar geographical location of the exposure, are or may be exposed to a similar risk or pose a similar risk to the financial system, The Committee on Financial Supervision may, with regard to such banks, carry out a supervisory examination and assessment in a similar or identical manner. The Financial Supervision Commission shall inform the European Banking Authority of such cases.
9. The Financial Supervision Commission shall accept the notification of violations or potential infringements of the provisions of the Act and of Regulation No 575/2013.
10. Information obtained in the mode referred to in paragraph. 9, including information which could enable the identification of the person making the notification and the person to whom the infringement is alleged to be identified, as well as information on the filing of the notification may be disclosed only:
1) in the notice of suspicion of committing a criminal offence and in the documents transmitted in addition to such a notice;
2) at the request of the court or the prosecutor in connection with the pending criminal proceedings or proceedings in the cases of treasury offences.
Article 133b. [ Stress tests] The Financial Supervision Commission shall, at least once a year, carry out stress tests in the banks under supervised banks.
Art. 133c. [ Supervisory Assessment Programme] 1. The Polish Financial Supervision Authority shall draw up a supervisory evaluation programme once a year. In justified cases, the Financial Supervision Authority may update this programme.
2. The programme of supervisory evaluation referred to in paragraph 2. 1, includes banks:
1) in respect of which the results of the examination and supervisory assessment referred to in art. 133a, including the results of stress tests, indicate that there is a significant risk of a deterioration in their financial situation or a breach of the rules governing their functioning;
2) which pose a systemic risk;
3) other-in justified cases.
Art. 133d. [ Overview of meeting the requirements for internal methods] The Financial Supervision Commission shall review, at least once every three years, the bank's supervisory review and evaluation, and shall review the compliance of the bank with the requirements for internal methods.
Art. 133e. [ Delegation] The Minister responsible for financial institutions shall, after consulting the Financial Supervision Commission, determine, by means of a regulation, the criteria and the manner in which the examination and supervisory assessment referred to in Article are to be carried out. 133a, taking into account the need to ensure the achievement of the objectives of the supervisory assessment programme and of the supervisory and supervisory evaluation and evaluation, as well as of its smooth running.
Article 134. [ Examination of financial statements] 1. Examination of the financial statements of the bank, as well as of the branch of the foreign bank, may be commissioned only to the auditors, who meet the requirements set out in the Act of 7 May 2009. about the auditors and their self-government, the entities entitled to audit financial statements and the public oversight.
2. Banks shall be obliged to submit to the Financial Supervision Commission the audited individual and consolidated financial statements together with the opinion and report of the auditor within 15 days from the date of their approval and with the write-off of the resolution or the provisions the approval authority of the approval of the financial statements.
Article 135. [ Irregularities in the audit carried out on behalf of the bank] 1. In the event of a finding of irregularities in the conducted examination on the order of the bank, the Polish Financial Supervision Authority may require the bank to order the designated auditor to examine the correctness and reliability of all financial statements written by the bank, auditing of accounts, analysis of the credit portfolio and carrying out other activities referred to in Article 133 (1) 2. If irregularities have been found as a result of the examinations, the bank shall bear the costs of the examination
2. The test request referred to in paragraph. 1 may also be granted directly by the Financial Supervision Commission. The Commission shall, subject to paragraph 1, be borne by the Commission. 3.
3. If, as a result of the examination commissioned by the Financial Supervision Commission, irregularities were found, the costs of the examination shall be borne by
4. Taking into account the need to preserve specific security measures, when selecting the auditor to audit the financial statements of the bank referred to in paragraph. 2, the provisions of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2015 items 2164, with late. zm.) does not apply.
Article 136. [ Notification of irregularities] 1. A statutory auditor carrying out the audit of the bank's financial statements and the examination referred to in art. 134 and Art. 135, it is obligatory to notify the Financial Supervision Commission and the supervisory board and the management board of the bank without delay of facts indicating:
1) committing a crime;
2) violation of the regulations governing the bank's activities;
3) violation of the principles of good banking practice or other threat of the bank's clients ' interests;
4) the existence of conditions for the expression of opinions with reservations to the financial statements of the bank, the expression of the negative opinion or the refusal to express an opinion.
1a. The auditor may refrain from notifying the supervisory board and the management board referred to in paragraph 1. 1, if they speak for this important reason.
2. When carrying out the tasks referred to in Article 4 by the statutory auditors, 135 par. 2, they shall apply mutatis mutandis the provisions concerning the banking supervisory staff performing these operations.
3. The provisions of the paragraph. 1 shall apply mutatis mutandis to the auditors of the audited financial statements of entities with close links to the bank.
Article 137. [ Liquidity standards setting] 1. Financial Supervision Commission:
1) (repealed)
1a) (repealed)
2) (repealed)
3) (repealed)
4) (repealed)
5) may issue recommendations on good practices of prudent and stable management of banks.
2. Where the recommendations referred to in paragraph 1 In the case of macro-prudential supervision referred to in the Act on Macro-prudential Supervision, the Financial Supervision Commission shall issue such recommendations after consultation of the Financial Stability Committee.
Art. 137a. [ Size expressed in foreign currency] For the purposes of checking the compliance of the banks with the standards and limits laid down by the Act, the amounts expressed in foreign currency within the meaning of the provisions of the foreign exchange law shall be converted into gold and the size of the convertible currencies shall be determined by- according to the average rates advertised by the National Bank of Poland at the date of making the check.
Article 138. [ Recommendations, warrants and sanctions to be applied by the Financial Supervision Commission] 1. The Polish Financial Supervision Authority may, as part of supervision, recommend to the bank in particular:
1) take the necessary measures to restore payment liquidity or to achieve and comply with other standards of acceptable risk in the business of the bank;
(1a) observance of the additional liquidity requirements, taking into account the bank's business model, the bank's rules, procedures and mechanisms for liquidity risk management, the outcome of the supervisory review and assessment and/or review and the verification referred to in Article 133a, and the systemic liquidity risk posed by the bank;
2) increase of own funds;
2a) compliance with the additional requirement for own funds above the value resulting from the requirements calculated in accordance with the detailed rules laid down in Regulation No 575/2013, in particular in the case of:
(a) negative determinations made as a result of the activities undertaken in the framework of banking supervision, including those relating to the functioning of the risk management system and the internal control system or the identification, monitoring and control of concentrations exposures, including large exposures,
(b) the statement of inapplicability of internal capital to the scale of the risk involved in the activities of the bank and significant irregularities in risk management,
(c) the finding that the bank presents a systemic risk;
3) omisations of specific forms of advertising;
4. the development and application of procedures to ensure the maintenance, ongoing estimation and review of internal capital and the functioning of the bank management system;
5) the application of specific rules for the creation of provisions for the risks associated with the activities of banks or write-off of impairment of assets, or special treatment of assets in the calculation of own funds requirements;
6) limit the risk of the bank's activities;
7) limit the amount of the variable remuneration component of persons covered by the remuneration policy as a percentage of net income, where its amount makes it difficult to meet the requirements of own funds;
8) to fill in additional reporting obligations or increase their frequency, including reporting on own funds and liquidity;
9) disclosure of additional information;
10) observance of art. 92ba-92bd and art. 111c.
2. The Polish Financial Supervision Authority may order the bank to withhold disbursements from profit or withhold the creation of new business units until the restoration of payment liquidity or the attainment of other standards of acceptable risk in the business of the bank.
3. If it is found that the bank does not implement the recommendations set out in the paragraph. 1 or the orders referred to in paragraph 1. 2, and also when the activity of the bank is executed in violation of the provisions of this Act, the provisions of other laws governing the activity of the bank or the rules of its organization and the provisions issued on their basis, as well as the provisions of Regulation No 575/2013 and other directly applicable laws of the European Union governing the activities of the bank or the rules of its organisation, or in violation of the statutes, or create a threat to the interests of holders of bank accounts or of participants in trading financial instruments, the Financial Supervision Commission, after prior in writing, may:
1) apply to the competent authority of the bank with the request of the appeal of the President, the Vice-President or another member of the management board of the bank directly responsible for the identified irregularities; the provision of art. 22d shall apply mutatis mutandis;
2) to suspend in the activities of the members of the Management Board referred to in point 1, until a resolution on the application for their appeal by the supervisory board at the next meeting is taken; the suspension in the actions is to exclude from the decision making for the bank in respect of its property rights and obligations;
3) limit the scope of activity of the bank or its organizational units;
(3a) impose a financial penalty on the bank up to 10% of the revenue shown in the last audited financial statements and, in the absence of such a report, a penalty payment of up to 10% of the forecast revenue determined on the basis of the situation. the financial and financial provisions of the bank; 141 (1) 4 and 5 shall apply mutatis mutandis;
4) revoke the permission to create the bank and decide to liquidate the bank; art. 147 para. 3 and art. 153-156 shall apply mutatis mutandis.
3a. The decision of the Financial Supervision Authority to limit the scope of the bank's activities may include conditions and terms.
If it is possible to determine the amount of the benefit achieved by the bank or the loss the bank has avoided as a result of the infringement, the penalty payment referred to in paragraph 1 shall be made. 3 point 3a can be determined up to twice the amount of the benefit or loss.
3c. The Financial Supervision Commission, setting the amount of the penalty payment referred to in paragraph 1. 3 pt. 3a and paragraph 3. 3b shall take account, in particular, of the gravity of the infringement and the duration of the infringement, the reasons for the infringement, the financial situation of the bank on which the penalty is imposed, and the previous infringements by the bank of the provisions referred to in paragraph 1. 3.
4. The Polish Financial Supervision Authority may also suspend in the activities of a member of the Management Board in the case of:
1) to present him charges in criminal proceedings or in proceedings in a treasury crime case;
2) resulting in significant loss of property of the bank.
The provisions of the paragraph Paragraph 3 (2) shall apply mutatis mutandis.
4a. Member of the Management Board is obliged to inform the Financial Supervision Commission of the indictment in criminal proceedings, with the exception of allegations of a criminal prosecution of a private prosecutor, or in proceedings in a criminal case treasury, within 30 days from the date of the pleas.
5. The Polish Financial Supervision Authority refers a member of the management board of the bank in the event of a final conviction of him for a deliberate offence or a treasury offence, excluding crimes prosecuted from private prosecution, and in the event of failure by the the obligation referred to in paragraph 1. 4a.
6. The limitation of the scope of the bank's activities or the revocation of the permit to create a bank may also occur in the event of a bank statement:
1. no longer fulfils the conditions laid down in the permit;
2) obtain permission 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 carry out banking activities;
4) has become a subsidiary of persons for whom it is not possible to effectively exercise the supervision of the bank by the supervision of the bank due to the provisions of the law in force at the place of their residence or establishment, or due to the the associations of those persons with other entities;
5) does not fulfil the obligations set out in Chapter 11b.
6a. The Polish Financial Supervision Authority repeals the permission to create a branch of a foreign bank if the competent supervisory authorities of the country in which the foreign bank has its seat or place of management have revoked the permit to operate banking activities by this bank.
6b. Prior to the repeal of the permit for the establishment of a branch of the foreign bank, the Polish Financial Supervision Authority will consult the competent supervisory authorities of the country where the foreign bank has its seat or place of management, if the agreement, o This is a matter of the 131 (1) 2, provides for consultation. If necessary, the Commission's Financial Supervision Authority may refrain from seeking an opinion from the Commission.
6c. The waiver of the authorisation referred to in paragraph 1 shall be repealed. 6a, the Financial Supervision Commission shall notify the competent supervisory authority of the foreign bank.
6d. The Commission shall immediately notify the competent supervisory authority of the State in which the branch of the Bank is active on the revocation of the authorisation of the establishment of the national bank.
7. The measures taken under the supervision shall not affect the contracts concluded by the bank, excluding contracts:
1) referred to in art. 92a ust. 1 and 3 and in art. 92d;
2) concluded by the national bank with entities operating in the same holding and the agreements concluded by the national bank with the entities with which it has close links, and the agreements referred to in art. 6a par. 1 and 7.
8. The Polish Financial Supervision Authority, taking the decisions referred to in paragraph. 3 and 3a shall take into account:
1) the gravity and duration of the infringement;
2) the degree of causation and responsibility of the entities or persons;
3) the ratio of the financial penalty to the scale of the activity of the entities measured by the size of the revenue, profit or property;
4) the benefits achieved by the entity or person as a result of the breach;
5) damage caused to third parties as a result of the breach;
6) previous violations, their scope and frequency;
(7) the effects of the infringement on financial stability and the financial market;
8) the cooperation of the entity or a person with the Financial Supervision Commission.
Art. 138b. [ Decision to impose an additional capital requirement on the bank] 1. The Polish Financial Supervision Authority, taking part in the exercise of supervision on a consolidated basis, the decision to apply the measure referred to in art. 138 para. Article 1 (1a) or (2a), shall cooperate with the competent supervisory authorities with the supervision of entities operating in the same holding as the holding bank, in order to reach a common position for both the decision and the assessment of its premises.
2. The Financial Supervision Commission shall issue the decision referred to in paragraph. 1, within 4 months from the date of delivery to the competent supervisory authority supervising the entities operating in the same co-holding bank a proposal for a position containing an assessment of the risk of holding.
3. In the absence of a common position, the Polish Financial Supervision Authority may consult the European Banking Authority. The Financial Supervision Commission shall consult the European Banking Authority also at the request of the competent supervisory authorities referred to in paragraph 1. 2.
4. If, within the period referred to in paragraph 1, 2, the Financial Supervision Commission and the competent supervisory authority will not reach an agreement, the Financial Supervision Commission, taking the decision referred to in the paragraph. 1, take into account the views expressed by those authorities and justify a substantial derogation from the opinion of the competent supervisory authorities, received within the time limit referred to in paragraph 1. 2.
5. In the case of consultation referred to in paragraph 1. 3, the Financial Supervision Authority, by issuing the decision referred to in paragraph. It shall take into account the opinion and give reasons for the relevant derogations from that opinion. In the decision, the Financial Supervision Commission may specify the conditions and time limits for the application of the measure referred to in Article. 138 para. 1 point 1a or 2a.
5a. If, before the expiry of the period referred to in paragraph 1, the 2, the competent supervisory authority shall refer the matter to the European Banking Authority in accordance with art. 19 of Regulation No 1093/2010, the Financial Supervision Commission shall suspend the proceedings until the European Banking Authority has issued a decision in accordance with Article 4 of Regulation (EC) No 1093/2010. 19 (1) 3 of that Regulation.
6. Where the competent supervisory authority consolidates the consolidated supervision of a national bank operating in one of the holding companies referred to in Article 6. 141f ust. 1 point 2-5, asks the Financial Supervision Commission for an opinion on the application of the measure referred to in art. 138 para. 1 point 1a or 2a, the provisions of the paragraph 1-4 shall apply mutatis mutandis.
7. The Polish Financial Supervision Authority shall perform once a year an assessment of the conditions and the effects of the decision referred to in paragraph. (1) Conditions and effects of a decision taken in the absence of a common position may also be assessed if the competent supervisory authority so requests.
Art. 138c. [ Taking banks with increased surveillance] 1. In the case of negative determinations made as a result of the activities referred to in art. 133a (1) 1, the Financial Supervision Authority may include banks with increased supervision.
2. The supervision referred to in paragraph 2. 1, includes:
1) increase the frequency or range of activities undertaken in the framework of the banking supervision referred to in art. 133 (1) 2, including conducting additional reviews of the bank's operational, strategic or business plans;
2) imposition of additional information obligations on the bank regarding compliance with the provisions of the Act or Regulation No 575/2013;
3) the posting of the employees of the Office of the Financial Supervision Authority to the current execution in the bank of the activities referred to in art. 133 (1) 2.
3. The activities referred to in paragraph 1. Article 2 (2), shall be exercised on the basis of an authorisation by the Chairman of the Financial Supervision Commission, specifying in particular their scope, the mode of implementation and the period for which the delegation is established.
4. Employees of the Office of the Financial Supervision Committee referred to in paragraph Article 2 (2) shall be entitled to take part in the meetings of the organs of the bank and the right to obtain the information necessary for the performance of their tasks.
Art. 138d. [ Statement of significant irregularities in the identification by the risk bank using the internal method] 1. If, within the framework of the review referred to in Article 133d, there will be found significant irregularities in the identification by the risk bank using the internal method, the Financial Supervision Commission, by decision, instructs the bank to adopt higher multiplices than the one adopted in the applied method internal, imposes additional own funds requirement or takes other measures to restore the compliance of the method used with the provisions of Regulation (EC) No 575/2013.
(2) If, with regard to the internal method for market risk, the numerous overruns referred to in Article 4 (2) of Regulation (ec) 366 of Regulation No 575/2013 indicates that the method is not sufficiently accurate, the Financial Supervision Commission shall revoke the authorisation to use the internal method or require the bank to amend it without delay.
3. Where a bank no longer complies with the requirements for an internal method for which it has been authorised, it shall inform the Financial Supervision Commission thereof. Where the breach of the requirements of Regulation (EC) No 575/2013 is relevant, the bank shall submit to the Financial Supervision Commission a plan to restore compliance with those requirements in due time with an indication of the date of implementation of that plan. If, in the assessment of the Financial Supervision Commission, the implementation of the plan submitted by the bank does not restore full compliance with the requirements of Regulation (EC) No 575/2013 or if the time limit for implementation of the plan is inadequate, the Commission may designate a bank the time limit for completing or developing a new plan.
4. Where the bank is not reinstated within the time limit set out in the plan referred to in paragraph 4. 3, compliance with the requirements of Regulation No 575/2013 and non-compliance with these requirements constitutes their material violation, the Polish Financial Supervision Authority repeals the authorisation of the use of the internal method or limits the scope of the authorisation granted to the areas in which those requirements are met or where compliance can be achieved within a reasonable period of time.
5. The Polish Financial Supervision Authority cooperates with the competent supervisory authority which granted the bank the authorisation to use the internal method in the scope of the exercise of the activities referred to in the paragraph. 1-4.
Article 139. [ Obligations of banks] 1. The banks and branches and representations of foreign banks in the country are obliged:
1) notify the Financial Supervision Commission of the taking up and cessation of activities; this also applies to the taking up and cessation of activities by a branch of the national bank in the country;
2) allow authorised persons to exercise the activities specified in Art. 133 (1) 2, and in particular make available for consultation of the books, balance sheets, registers, plans, reports and other documents and allow, upon written request, to draw up copies of these documents and other information media, as well as provide explanations requested by the these persons;
3. promptly notify the Financial Supervision Commission of the measures to be taken to remedy the irregularities detected in the framework of the surveillance, and to adhere to the decisions and recommendations made.
2. When performing the supervision of the activities of a branch of a foreign bank, the provisions of Article 138 shall apply mutatis mutandis.
Article 140. [ Notifying of the taking or cessation of activities abroad] The national bank, whose branch or representation has been opened abroad, shall be obliged to notify the Financial Supervision Commission of the taking up and cessation of activities of the branch or representative.
Art. 140a. [ Consultation] 1. Before issuing a permit for the formation of a national bank, the Financial Supervision Authority shall consult the supervisory authorities of the Member State when that bank is:
1) a subsidiary of:
(a) credit institutions,
(b) the parent undertaking of the credit institution,
(c) an insurance undertaking, a reinsurance undertaking or an investment firm which has obtained appropriate authorization to carry out its activities in a Member State,
(d) a parent undertaking in respect of an insurance undertaking, a reinsurance undertaking or an investment firm which has obtained appropriate authorization to carry out its activities in a Member State;
2. controlled by the same natural or legal persons who control a credit institution, insurance undertaking, reinsurance undertaking or investment firm which have obtained the relevant authorisations for the pursuit of the activities in a Member State.
2. The Polish Financial Supervision Authority shall consult the competent supervisory authorities by assessing the persons involved in the management of another entity of the same group within the meaning of Article 3 of the Financial Supervision Authority. 3 point 7 of the Law on supplementary supervision. The Financial Supervision Commission and the other Polish competent supervisory authorities shall communicate to each other and to the other competent supervisory authorities all information necessary for the authorisation and the purposes of the ongoing supervision.
Art. 140c. [ Information] 1. The Polish Financial Supervision Authority shall inform the European Banking Authority of any event of loss of power or repeal of the permit for the creation of a national bank or a branch of a foreign bank.
2. In the information referred to in paragraph. 1, the Financial Supervision Authority shall state the reasons for the loss of power or the repeal of the permit to form a national bank or a branch of a foreign bank.
Article 141. [ Cash penalties for members of the bank's management board] 1. In the case of failure to implement the recommendations for the conduct of business in violation of the provisions referred to in art. 138 para. 3, the statutes, the refusal to provide explanations, the information referred to in art. 139, or in the case of failure to perform the duties specified in Chapter 11b, the Financial Supervision Commission may impose on the members of the Management Board of the bank a pecuniary penalty of up to PLN 20 000 000.
1a. The Financial Supervision Commission shall determine the amount of the monetary penalty referred to in paragraph 1. 1, shall take into account, where appropriate, in particular:
1) the gravity of the infringement and the duration of its duration;
2) the extent of the contribution of a member of the management board of the bank responsible for the infringement to the breach;
3) financial position of the member of the management board of the bank responsible for the violation
4) the scale of the benefits obtained or losses avoided by a member of the management board of the bank responsible for the breaches concerned, in so far as these benefits or losses can be determined;
5) losses incurred by third parties in connection with the breach, if they can be determined;
6) preparedness member of the management board of the bank responsible for the data breach to cooperate with the Financial Supervision Commission;
7) prior infringement of the laws governing the functioning of the financial market committed by a member of the management board of the bank responsible for the violation concerned;
8) potential systemic effects of the infringement.
2. The penalty may not be imposed if from obtaining by bank supervision the messages of the one referred to in the paragraph. 1 more than 6 months have elapsed, or since more than 2 years have elapsed since the date of this act.
3. The measurement of the monetary penalty shall not prevent the application of the other measures provided for in this Chapter.
4. The Financial Supervision Commission shall pay the sums recovered from the penalty payments to the Bank Guarantee Fund.
5. The Kara referred to in the mouth. 1, shall be subject to enforcement in the procedure of enforcement proceedings in the administration.
Chapter 11a
Supervision of branches of credit institutions
Article 141a. [ Consolidated Supervision] 1. Where a credit institution established in the territory of the Republic of Poland through a branch or in a cross-border activity violates the provisions of the Act or of Regulation No 575/2013 or where it exists The Commission shall inform the competent supervisory authority of the home country of the likelihood of any infringement of the infringement.
2. In the event of recognition that the competent supervisory authority of the home country in the situation referred to in paragraph 1 shall be considered as being 1 have not taken the appropriate measures, the Financial Supervision Commission may refer the matter to the European Banking Authority and request it in accordance with the provisions of Article 4 (1) of the Financial Regulation. 19 of Regulation (EC) No 1093/2010.
2a. In the case where a credit institution conducting activities in the territory of the Republic of Poland through a branch does not comply with the provisions of the sections II or III of the Act of 19 August 2011. o Payment Services, Financial Supervision Commission:
1. Calls, in writing, that the institution is to comply with those provisions and set an appropriate time limit for the removal of the irregularities found;
2. after the expiry of the time limit referred to in point 1, the measures referred to in Article 1 may be applied mutatis mutandis. 138 para. In accordance with Article 3 (3), (3), (3) and (3a), it shall inform the supervisory authorities of the home Member State of the irregularity and the measures taken by the supervisory authorities concerned
3. In justified cases, before taking the actions referred to in the paragraph. 1 and 2, the Financial Supervision Commission, having regard to the need to safeguard the stability of the financial system, the interests of depositors, investors and other entities to whom services are provided, may, without the need for prior written reminder, apply measures according to art. 138, pending the adoption of appropriate measures, including reorganisation measures equivalent to those laid down in Chapter 12, by the competent supervisory authority of the home country. The Financial Supervision Commission shall immediately inform the European Commission, the European Banking Authority and the competent authorities of the other Member States concerned of the application of those measures.
3a. In the cases referred to in paragraph 1. 2 and 3, the Financial Supervision Authority shall inform the competent supervisory authority of the home country of the branches of the credit institution of the supervisory measures.
4. To the decision of the Polish Financial Supervision Authority issued in paragraph mode. Articles 2, 2a and 3 of the Article 127 § 3 of the Code of Administrative Procedure does not apply.
5. From the decision of the Financial Supervision Commission, referred to in paragraph. 2, 2a and 3, the credit institution may lodge a complaint with the administrative court, within 7 days from the date of its service.
6. Where a branch of a credit institution does not fulfil its obligations under the Article 48l ust. 2 and Article 48m, the Financial Supervision Commission may apply the measures in accordance with art. 138 para. 3 points 1-3a and paragraph. 3b.
7. In the interest of the general good referred to in Article 48l ust. In accordance with Article 4 (2), the Financial Supervision Authority may, as a subsidiary of a credit institution, apply the measures 138 and art. 141.
(8) In order to ensure a level playing field between the national banks and branches of credit institutions, it is in the interest of the general interest referred to in Article 4. 48l ust. 2, the Financial Supervision Commission, by issuing the recommendations referred to in art. 137, it may determine the extent to which these recommendations also apply to branches of credit institutions.
9. In the case referred to in paragraph. 3, the application of the measures in accordance with art. 138 may not lead to the preferential treatment of creditors of a credit institution referred to in paragraph 1. 1, on the territory of the Republic of Poland in relation to the creditors of this institution from other member states.
10. Measures taken in accordance with the paragraph. 3 shall apply until such time as the administrative or judicial authorities of the State of home reorganisation measures equivalent to the measures laid down in Chapter 12.
11. The Polish Financial Supervision Authority shall cease the application of the measures in accordance with the paragraph. 3, where it considers that the conditions for their application set out in the paragraph have been determined. 1 and 2.
(12) Where the competent supervisory authority of the home or other Member State concerned objected to the measures taken by the Financial Supervision Commission in accordance with paragraph 2, the Commission shall adopt a proposal from the Commission. 3, the Polish Financial Supervision Authority may refer the matter to the European Banking Authority and ask it for assistance in accordance with Art. 19 of Regulation (EC) No 1093/2010.
13. The Polish Financial Supervision Authority may object to measures equivalent to the measures referred to in art. 138, taken by the competent supervisory authority of the host State in relation to the branch of the national bank. In the case of a statement of opposition, the Polish Financial Supervision Authority may also refer the matter to the European Banking Authority and ask it for assistance in accordance with Article 4. 19 of Regulation (EC) No 1093/2010.
14. The Polish Financial Supervision Authority may object to measures equivalent to the measures referred to in art. 138, taken by the competent supervisory authority of the host State in relation to the branch of the credit institution conducting activities in that State, which have an impact on the activity carried out by this institution in the territory of the Republic of Poland through a branch or within a cross-border activity. In the case of a statement of opposition, the Polish Financial Supervision Authority may also refer the matter to the European Banking Authority and ask it for assistance in accordance with Article 4. 19 of Regulation (EC) No 1093/2010.
Article 141b. [ Proceedings for a breach of the law] 1. The Polish Financial Supervision Authority, after receiving from the competent supervisory authority of the host State, that the national bank carrying out activities in its territory through a branch or in a cross-border activity violates the State in force in the State (4) The provisions of Article 4 (1) (a) of the Rules of Regulation may apply to the 138 para. 3.
2. To the decision of the Polish Financial Supervision Authority issued on the basis of the paragraph. Article 1 (1) 127 § 3 of the Code of Administrative Procedure does not apply.
3. The decision of the Committee on Financial Supervision, issued on the basis of the paragraph. 1, the national bank may appeal to the administrative court, within 7 days from the date of its service.
4. Where the competent supervisory authority of the host State informs the Financial Supervision Commission that the national bank carrying out activities in its territory through a branch or in a cross-border activity does not comply with the provisions of law the host country or Regulation No 575/2013 or there is a likelihood that it will not comply with these provisions, the Financial Supervision Commission shall take the appropriate measures in the context of supervision to the national bank in order to remove irregularities in the bank. The Financial Supervision Commission shall inform the competent supervisory authority of the host State of the measures taken.
Art. 141c. [ Supervision of the activities of a credit institution] 1. Supervision of the activity of a credit institution conducting activity in the territory of the Republic of Poland through a branch or within the framework of cross-border activity shall exercise, subject to art. 42c (c) 1, the competent supervisory authority of the home country.
2. (repealed)
3. Supervision of the activity of a national bank, conducting business in the territory of the host State through a branch or within the framework of cross-border activity, shall be exercised by the Polish Financial Supervision Authority.
Art. 141d. [ Control Actions] 1. The staff of the Office of the Financial Supervision Authority shall perform the control activities in branches of credit institutions within the scope specified in art. 42c (c) 1, and to the other extent, on the basis of the authorisation referred to in paragraph 1. 2.
(2) The competent supervisory authorities of the home country may carry out the inspection activities in the branch referred to in paragraph 2. 1, either on its own or through persons authorised by them, after prior notification to the Financial Supervision Commission of the date and scope of the inspection carried out.
Art. 141e. [ Exchange of information] 1. The Polish Financial Supervision Authority and the competent supervisory authority of the parent country of a credit institution operating on the territory of the Republic of Poland through a branch or within the framework of cross-border activities shall transfer to each other the information necessary for the monitoring of the liquidity and solvency of those institutions, as well as information relating in particular to:
1) the management and ownership structure of credit institutions;
2) the rules for the guarantee of deposits;
(3) concentration of exposures;
4. the accounting rules;
(5) the administrative procedures applicable;
6) the internal control system;
7) the mode and principles of carrying out the control activities;
(8) the measures taken under supervision.
2. The Polish Financial Supervision Authority and the competent supervisory authority of the host State in whose territory the national bank operates shall inform each other of the information referred to in paragraph 1. 1.
3. The mutual communication of the information referred to in paragraph. 1 and 2, may also take place on the basis of an agreement concluded by the Financial Supervision Commission with the competent supervisory authorities.
4. At the request of the competent supervisory authorities of the host State in whose territory the national bank operates through a branch or in the framework of cross-border activities, the Financial Supervision Commission shall provide information on the way in which the the information provided by those authorities concerning that bank.
5. Where the competent supervisory authority of the host State informs the Commission of the Financial Supervision that it has not applied the appropriate measures to the national bank and will take the appropriate measures in the context of supervision, the Commission may refer the matter to the Commission. European Banking Authority and ask for assistance in accordance with Article 19 of Regulation (EC) No 1093/2010, if it does not agree with the measures taken by those authorities.
6. The Polish Financial Supervision Authority may apply to the competent supervisory authorities of the home state of a credit institution conducting activity in the territory of the Republic of Poland through a branch or within a cross-border activity, o the provision of information on the way in which information concerning this credit institution has been taken into account by the Financial Supervision Authority
7. Where, after receiving the information referred to in paragraph. 6, the Financial Supervision Authority will consider that the competent supervisory authority of the home country has not applied the appropriate measures, takes measures under supervision to protect the stability of the financial system, the interests of depositors, investors and others of customers, after informing the competent supervisory authorities of the home country and of the European Banking Authority.
Chapter 11b
Consolidated supervision
Art. 141f. [ Consolidated Supervision] 1. The consolidated supervision shall be subject to the national bank, which shall operate in the holding company:
(1) the national banking system;
2. foreign banking;
3) financial;
4) mixed;
5) hybrid.
2. The supervision of the bank of supervision on a consolidated basis does not preclude the application of the relevant provisions of the Act governing the activities of the bank as a subject subject to individual supervision.
2a. In the case of participations or capital ties other than those referred to in Article 2 18 (1) 1 and 4 of Regulation (EC) No 575/2013, banks carry out the consolidation of the equity method.
3. The Polish Financial Supervision Authority may conclude with the competent supervisory authorities of other States agreements setting out the scope and mode of cooperation when exercising supervision on a consolidated basis over the banks operating in the holding companies referred to in paragraph. 1, the supervision of the relevant branches of the national banks and the relevant branches of credit institutions, and specifying the scope and mode of operation of the colleges referred to in paragraph 1. 18. The Polish Financial Supervision Authority informs the European Banking Authority of the conclusion and the content of such agreements. The provisions of Article 4 131 (1) Points 2 and 3 shall apply mutatis mutandis.
(3a) In order to ensure the effectiveness of supervision on a consolidated basis, the Financial Supervision Authority may, by virtue of the agreements referred to in paragraph 1, be subject to the 3, and taking into account art. 28 of Regulation No 1093/2010, to delegate its tasks to the competent supervisory authority of another State or to assume the tasks of the competent supervisory authority of another State, so that the supervisory authority exercising the supervision of the parent undertaking can effectively exercise the responsibility of the supervisory authority of another State. perform supervision tasks on a consolidated basis over a subsidiary. Such agreements shall specify in particular:
1) the scope of delegated tasks;
2) scope of application to delegated tasks of the provisions of Polish law and the law of a member state;
3) the obligation of the competent supervisory authority of another State to inform the Financial Supervision Commission of the supervisory activities undertaken and of their consequences;
4) the conditions and mode of changing the scope and the cancellation of delegation of tasks.
(b) The revocation of the delegation of tasks shall take place in particular in the event of a change in the facts as a result of which the entity referred to in the agreement referred to in paragraph 1 3a shall cease to be a subsidiary of the parent undertaking over which the competent supervisory authority exercises supervision.
3c. The agreements referred to in paragraph 1. 3a, they may also lay down rules for the joint exercise of the tasks of the Financial Supervision Commission and the competent supervisory authority.
3d. Based on the agreements referred to in paragraph. 3a, the Financial Supervision Authority may accept only those tasks of the competent supervisory authority that are consistent with the objectives and the supervisory tasks set out in the Act.
3e. Before the conclusion of the agreement referred to in paragraph 1. 3a, the Financial Supervision Authority shall provide the subsidiary concerned with the information on:
1. the intention of concluding an agreement,
2) the proposed content of the agreement,
3) the competence of the competent supervisory authority in terms of the tasks to be delegated to that authority,
(4) review procedures from the decisions of the competent supervisory authority
-enabling this entity to express its position.
3f. The Financial Supervision Commission shall include the agreement referred to in paragraph 1. 3a, on its website as soon as it is concluded, with an indication of the entity referred to in that agreement.
3g. If the competent supervisory authority refuses to conclude the agreement referred to in paragraph 1. 3, or in spite of its conclusion, does not apply to its provisions, including does not give within the prescribed period of information the information requested by the Financial Supervision Commission, or refuses to grant such information, the Financial Supervision Commission may notify the European Banking Authority thereof. The Committee on Financial Supervision may also notify the European Banking Authority of the failure of the competent supervisory authority to provide information on the appeals procedures referred to in paragraph 1. Article 3e, point 4.
3h. If the execution of a decision or another resolution of the competent supervisory authority could threaten the prudent and stable management of the bank, the Financial Supervision Commission may terminate the agreement referred to in paragraph. 3a, and suspends the execution of the decision or any other decision.
4. In the absence of the agreement referred to in paragraph. 3, the Financial Supervision Commission and the competent supervisory authorities of credit institutions in the framework of cooperation shall, in particular, provide the information necessary for the exercise of supervision on a consolidated basis, supervision of the relevant branches of national banks and the relevant branches of credit institutions and shall take the measures referred to in Article 4. 138 para. 1 pt. 2a and art. 138b, subject to the conditions laid down in the Article. 131 (1) 3 points 2 and 3.
5. Where a national bank is included in a financial conglomerate, the parent entity of which is the parent non-regulated entity within the meaning of the Law on supplementary supervision, the provisions of the supplementary supervision act shall apply.
6. The Polish Financial Supervision Authority shall exercise supervision on a consolidated basis of the national bank operating in the holding company, where:
1) the national bank is a subsidiary of another national bank;
2. the national bank is a subsidiary of a financial institution or a dominant non-regulated entity within the meaning of Article 3 (2). 3 point 5 of the Law on supplementary supervision;
(3) The parent undertaking of the national bank and the credit institution shall be the same financial institution or the parent non-regulated entity within the meaning of the Article. 3 point 5 of the Law on supplementary supervision, if that financial institution or the dominant non-regulated entity is established in the territory of the Republic of Poland;
(4) the parent undertakings of the national bank and the credit institution shall be the dominant non-regulated entities within the meaning of the Article. 3 point 5 of the Act on supplementary supervision or financial institutions established in the territory of the Republic of Poland and in other Member States in which a permit for the operation of those credit institutions is granted, as long as the national bank has the balance sheet total of each of these credit institutions;
(5) The parent undertaking of the bank and the credit institution shall be the dominant non-regulated entity within the meaning of the Article. 3 point 5 of the Supplementary Supervision Act or a financial institution established in the territory of a Member State other than the Republic of Poland and of the Member State in which it has been authorised to operate any of the credit institutions which are subsidiaries of the same financial institution, in so far as the national bank has a larger balance sheet total from each of those credit institutions.
(7) In specific cases, the Financial Supervision Commission may, by agreement, agree with the competent supervisory authorities that the criteria referred to in paragraph 1 (1) are to be determined by the competent supervisory authorities. 6 points 3 to 5, do not apply if they are inappropriate due to the specificity of the bank, the credit institution or the relative importance of their activities in the Republic of Poland or other Member States.
8. In the case referred to in paragraph. 7, the competent supervisory authority shall agree on which of the authorities shall exercise supervision on a consolidated basis.
9. In order to make the arrangement referred to in paragraph. (8) The competent supervisory authority may consult the EU parent institution, the EU parent financial holding company, the EU parent mixed financial holding company within the meaning of Article 4 (1) of the EC Regulation. 4 par. 1 points 29, 31 and 33 of Regulation (EC) No 575/2013 or the credit institution or bank with the highest balance sheet total.
10. The Polish Financial Supervision Authority shall inform the European Commission and the European Banking Authority of the exercise of supervision on a consolidated basis as a result of the findings referred to in paragraph 1. 8.
11. The Polish Financial Supervision Authority shall inform the EU parent institution, the EU parent financial holding company, the EU parent mixed financial holding company within the meaning of the Articles of Article 4, respectively. 4 par. 1 points 29, 31 and 33 of Regulation No 575/2013 or the bank with the highest balance sheet of the exercise of supervision on a consolidated basis.
11a. The Polish Financial Supervision Authority shall communicate to the competent supervisory authorities concerned and to the European Banking Authority the data relating to the legal structure and the management structure and organisational structure of the holding on which it is responsible. consolidated supervision, including:
1) information on the existence of close links between the entities included in the holding company;
2) a description of the management system of the entities included in the holding company, including the risk management system and the internal control system and remuneration policy.
11b. In the event of an emergency situation, including the situation referred to in Article 1 18 of Regulation No 1093/2010, or of adverse developments on the markets, potentially threatening liquidity on the market and the stability of the financial system of the Member State in which the entities belonging to the same holding as the bank have obtained the operating authorisation, or of the Member State in which the relevant branches of the bank are active, the Financial Supervision Authority, when exercising supervision on a consolidated basis, shall immediately inform the European Banking Authority, The European Systeme Risk Board, the Financial Stability Committee and the National Bank of Poland and provide them with the information necessary to carry out their tasks.
11c. In the event that the National Bank of Poland gets the information about the occurrence of the emergency situation referred to in the paragraph. 11b shall immediately inform the Financial Supervision Commission, the other competent supervisory authorities, which shall exercise supervision on a consolidated basis of the entities belonging to the holding and the European Banking Authority.
11d. If information on the occurrence of the emergency situation referred to in paragraph is necessary for the proper exercise of supervision on a consolidated basis by the Commission on Financial Supervision, 11b, which is in possession of another competent supervisory authority, the Commission shall, directly to that authority, request that authority to make it available.
12. The Polish Financial Supervision Authority shall inform the competent supervisory authority of the home country or the competent supervisory authority exercising supervision on a consolidated basis of the credit institution of the will to cooperate in the supervision of a significant branch of the latter. a credit institution.
13. If, within 2 months of the date of receipt by the competent supervisory authority, the information referred to in paragraph 1 is received by the competent supervisory authority, 12, the Financial Supervision Commission and the competent supervisory authorities fail to reach an agreement, the Financial Supervision Commission, taking into account the opinion expressed by the competent supervisory authority, issues a decision within the next two months on recognition a branch of a credit institution as relevant, if its activity in the territory of the Republic of Poland is significant, in particular when it meets at least one of the following reasons:
1) the share of the total value of cash contributions is higher than 2%;
2) the number of customers of the branch is significant in the scale of banking activities carried out by this branch;
3) suspension or termination of the activities of the parent credit institution may pose a threat to the stability of the financial system or to the security of functioning of payment, clearing and settlement systems within the territory of the Republic of Poland Polish.
14. Issuing the decision referred to in paragraph. 13, the Financial Supervision Authority shall take into account the opinion of the competent supervisory authority and justify a significant derogation from that opinion received 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 conducting business in the territory of the Republic of Poland through a significant 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. 13, shall not affect the rights and obligations of the competent supervisory authorities in relation to that branch.
16a. If, before the expiry of the period of 2 months from the date of receipt by the competent supervisory authority, the information referred to in paragraph 1. 12, the competent supervisory authority shall refer the matter to the European Banking Authority in accordance with art. 19 of Regulation No 1093/2010, the Financial Supervision Commission shall suspend the proceedings until the European Banking Authority has issued a decision in accordance with Article 4 of Regulation (EC) No 1093/2010. 19 (1) 3 of that Regulation.
17. In the event of receipt of information about the activity of a significant branch of the national bank in the territory of the host country, in particular the branch, which:
1. the share of the total value of cash contributions in the host country of the branch is higher than 2%, or
2) the number of customers of the branch is significant in the scale of the banking activities performed by this branch, or
(3) the suspension or termination of the national bank's activities may constitute a threat to the stability of the financial system or to the security of the operation of payment, clearing and settlement systems in the host country
-The Financial Supervision Commission shall, without delay, not later than 2 months from the date of receipt of the information on the operation of that branch, cooperate with the competent supervisory authorities of that State in accordance with the paragraph. 18, giving, in particular, the information necessary for the exercise of supervision by the competent supervisory authorities, subject to the conditions laid down in the Article. 131 (1) 3 points 2 and 3.
18. In order to carry out supervision on a consolidated basis over the banks operating in the holding companies referred to in paragraph. 1, the Financial Supervision Commission shall establish a colleges of competent supervisory authorities, hereinafter referred to as "colleges", and shall be chaired by the competent supervisory authorities of the host countries, ensuring cooperation with the competent supervisory authorities of the host countries. a significant branch of the national bank and the central banks, where this is necessary for the performance of the tasks laid down by law, in order to cooperate properly and to exchange the information referred to in paragraph 1. 17.
(19) The participation and action of the competent supervisory authority in the college, as well as the scope and operational modality of the colleges, shall be decided by the Financial Supervision Authority after consultation of the relevant competent authorities. the supervisory authorities. The Financial Supervision Commission shall notify the members of the college of the dates of the meetings, the main issues of the meetings, the activities to be examined or taken, and the supervisory measures applied.
20. The Polish Financial Supervision Authority, when planning and coordinating actions to take a decision in the exercise of supervision on a consolidated basis, takes into account the legitimacy of the action of the competent supervisory authorities, including the means of supervision and the practice of their application, and also its possible impact on the stability of the financial systems in the Member States concerned.
21. Subject to the obligation of professional secrecy, the Polish Financial Supervision Authority shall inform the European Banking Authority of the activities of the college, in particular of emergency situations, and provide it with information which is particularly relevant essential to the convergence of supervisory practices.
Art. 141g. [ Consolidated Financial Statements] 1. National banks operating in the holding companies referred to in art. 141f ust. 1, shall be sent to the Financial Supervision Authority without delay, but not later than 30 days after the date of approval:
1) by the General Assembly, its own consolidated financial statements together with the opinion and report of the expert auditor;
2) the financial statements of the subsidiaries of the bank and the financial statements of entities with which the bank has close links which are not included in the consolidated financial statements prepared by the bank; financial statements should be provided with the opinion and report of the statutory auditor.
2. National banks operating in the holding companies referred to in art. 141f ust. The consolidated financial statements of the original parent in the holding or the report shall also be submitted to the Financial Supervision Commission without delay, but no later than 90 days from the date of the approval, the consolidated financial statements of the original parent in the holding or the report. financial drawn up at the highest level of consolidation.
3. The documents referred to in paragraph. 1 and 2, drawn up in a foreign language, the bank transfers together with their translation into the Polish language made by the sworn translator.
4. The provisions of the paragraph. 1 and 2 shall not apply to entities which, in accordance with the accounting rules, are not required to draw up consolidated accounts.
5. The Polish Financial Supervision Authority, upon a reasoned request from the bank, may exempt the bank from the obligations set out in the paragraph. 1-3 or limit their scope.
(6) The reports for the purposes of exercising supervision on a consolidated basis shall be drawn up by applying the accounting rules accordingly.
7. If in the holding companies referred to in art. 141f ust. 1, the companies of the ancillary banking services operate, the data contained in the reports of these companies shall be included in the consolidated financial statements drawn up by the parent.
Art. 141h. [ Control Actions] 1. In order to verify the information obtained, the inspectors of the banking supervision and the persons authorised by the Financial Supervision Commission may, subject to the paragraph. 2 and 3, carry out inspection activities in entities operating in the holding companies referred to in Article 3. 141f ust. 1, as well as undertakings in support of banking services providing services to undertakings operating in those holding companies. Article Recipe 139 (1) 1 point 2 shall apply mutatis mutandis.
2. (repealed)
3. The Polish Financial Supervision Authority may request from:
(1) a parent bank in a national banking holding, or
2) established on the territory of the Republic of Poland a parent company in one of the holding companies referred to in art. 141f ust. 1 points 3-5
-order by the Commission to examine the financial position of the subsidiaries or entities with close links with the holding company in the holding company, where there are doubts in the Commission's assessment as to the the accuracy of the approved reports or when it is necessary to examine the economic relationship with another entity. The cost of the commissioned survey shall be borne by the holding bank or by the parent undertaking, as appropriate, in the holding company subject to paragraph 4.
4. If, as a result of a study commissioned by the Financial Supervision Commission, there is no doubt as to the question referred to in paragraph 1. 3, the Commission shall bear the cost of the survey
Art. 141i. [ Obligations of the parent undertaking] 1. The national bank, which is the dominant entity in the domestic banking holding and established in the territory of the Republic of Poland, the parent undertaking in the financial holding, the holding company or the hybrid holding company shall be obliged to ensure the proper functioning of internal control of the data and information required in relation to the exercise of supervision on a consolidated basis, as well as provide, at the request of the Financial Supervision Commission or persons authorised by the Financial Supervision Commission, any information and explanations relating to its activities; and the activities of the entities which are part of that holding.
2. The persons in the management board of the parent company in the financial holding should give a guarantee of the stable and prudent management of this entity.
3. The national bank operating in a mixed-holding company is required to have adequate internal control mechanisms and risk management processes, including reporting and accounting procedures for identification, metering, monitoring and controlling the transaction of the bank with the parent company in the holding company and the subsidiaries in the holding company.
4. The national bank referred to in paragraph 1 3, shall establish a policy for the identification of significant transactions within the meaning of the Law on Complementary Supervision with the entities referred to in paragraph. 3. The Bank shall be obliged to inform the Financial Supervision Commission of any such transaction, excluding transactions involving exposures within the meaning of the Art. 389 of Regulation No 575/2013.
Art. 141k. [ Forwarding information] 1. A subject established in the territory of the Republic of Poland operating in one of the holding companies referred to in art. 141f ust. 1 points 2 and 3, in which the parent undertaking is established in the territory of a Member State, shall, at the request of the parent undertaking, provide the information necessary for the preparation of the consolidated accounts.
2. The entity established in the territory of the Republic of Poland operating in one of the holding companies referred to in art. 141f ust. 1 point 2 to 5, which is not supervised by the Polish supervisory authorities, is obliged to provide all information at the request of the competent supervisory authorities responsible for the exercise of supervision of a credit or financial institution operating in the holding company and it is compulsory to enable the authorities to verify the information provided.
3. Where a national bank operates in a foreign banking holding or in a financial holding company whose parent is established in a State other than that of the Member State and there is no agreement as referred to in Article 3, the national bank shall be included in the holding of the holding. 141f ust. 3, the Financial Supervision Authority shall check whether the national bank is subject to consolidated supervision equivalent to the rules set out in this Chapter.
4. The Financial Supervision Commission shall carry out the activities referred to in paragraph. 5, ex officio or at the request of the parent undertaking in the holding or at the request of the regulated entity, within the meaning of the Article 3 point 4 of the Law on supplementary supervision which is authorised to operate in a Member State.
5. Where, as a result of the examination procedure, it appears that the national bank referred to in Article 3 (1) (a) is not 141f ust. 3. is not subject to supervision on a consolidated basis to the principles set out in this Chapter, the provisions of this Chapter shall apply.
Art. 141l. [ Lists of holding companies] 1. The Polish Financial Supervision Authority conducts lists of holding companies:
(1) national banking;
2) foreign banking, in which the national bank operates;
(3) the financial resources in which the national bank operates;
4) hybrids.
2. The notification of the holding to the relevant list and update of the notification shall be submitted to the Polish Financial Supervision Commission:
(1) a national bank, if it is the parent undertaking in the holding company or if the original parent undertaking in the holding in which the national bank operates is established abroad;
2) a parent entity in relation to a national bank, if it is the original parent company in the holding company in which the national bank operates, and is established in the territory of the Republic of Poland.
3. The Minister responsible for financial institutions shall determine, by means of a regulation, the way in which the list of holding companies is kept, the procedures and time limits for the submission and updating of the holding of holding companies and the model of the holding of the holding, with a view to ensuring that the holding of holding is The Financial Supervision Commission has access to the data necessary for the proper exercise of supervision and to ensure transparency of the operation and stability of the financial market.
4. On changes in the lists referred to in paragraph. 1, the Financial Supervision Commission shall inform the competent supervisory authorities of the Member States.
Chapter 12
Recovery plans and early intervention, winding-up and bankruptcy
A. Repair plans
Art. 141m. [ Development of recovery plans] 1. A national bank that does not operate in one of the holding companies referred to in art. 141f ust. 1, and the entities referred to in art. 77 par. 7 of the Act of 10 June 2016. The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring process shall draw up a recovery plan setting out the activities in the event of a significant deterioration in the financial situation of the bank in the event of a threat of financial stability, a difficult macroeconomic situation or other events having a negative impact on the financial market or the bank.
2. The Polish Financial Supervision Authority may, by decision, order the development of a recovery plan to a bank that operates in one of the holding companies referred to in art. 141f ust. 1, or to the relevant branch of the credit institution.
3. The recovery plan shall include:
(1) actions to maintain or restore the bank's solvency or the possibility of making a profit by the bank;
2) the levels of quantitative or qualitative indicators determining the financial position of the bank, which can be effectively monitored and which can be followed by the actions identified in the recovery plan;
3) actions aimed at reducing the risk and leverage referred to in art. 4 par. 1 point 93 of Regulation (EC) No 575/2013, without taking into account the possibility of obtaining exceptional public financial support;
4) the rules of the bank's information policy during the period of implementation of the recovery
4. The Bank shall update the recovery plan at least once a year and after a substantial change in the organisational or legal structure, financial situation or any other event affecting the establishment plan adopted in the recovery plan and the implementation of that plan. The Financial Supervision Commission shall, by decision, approve the update of the recovery plan. To the application for approval of an update of the recovery plan the provisions of 141p ust. 1-4 shall apply mutatis mutandis.
5. The Bank shall draw up a recovery plan within the time limit set out in the decision referred to in Article 5. 36 ust. 1, but not later than one year from the date of receipt of the permit to commence business.
Art. 141n. [ Group Repair Plan] 1. Bank being the original parent entity in a domestic banking holding, a bank operating in a mixed-holding holding company whose original parent is established in the territory of the Republic of Poland, or a bank operating in a holding company whose entity the parent is located outside the Member State, draws up a group repair plan at the holding of the holding. The Financial Supervision Commission may, by decision, instruct the bank to draw up a recovery plan or a group repair plan, taking into account entities established in the territory of the Republic of Poland, operating in the same holding as the bank.
2. The Bank referred to in paragraph 2. 1, it shall apply to the Financial Supervision Commission with a request for approval of a group repair plan. The bank's request shall include opinions on the obstacles to take corrective action at the level of the holding and the individual entities covered by the repair plan, as well as on the essential obstacles to the immediate transfer of funds between supervised entities to the the holding, in order to recapitalise those entities or to repay their obligations.
3. The Polish Financial Supervision Authority, by decision, approves the plan referred to in paragraph. 1, taking into account the plans for repairing entities operating in the same holding as the holding bank, provided that the provisions in force require the drawing up of such recovery plans, as well as an assessment of the competent supervisory authorities and the contract referred to in Article 3. 141t.
4. The group of the repair plan shall include the elements specified in the art. 141m (1) 3 relating to the holding company.
5. To the group recovery plan the provisions of art. 141m (1) 4 and 5 shall apply mutatis mutandis.
6. The Financial Supervision Commission shall provide a group repair plan:
1. the competent supervisory authority of the entities operating in the holding of holding;
(2) the competent supervisory authorities of the relevant branches of the bank in relation to these branches;
3. The Bank Guarantee Fund;
4. forced restructuring authorities competent for the entities operating in the holding of holding;
5) the Minister responsible for financial institutions.
Art. 141o. [ Agreeing to draw up a group plan for the recovery of banks] 1. The Polish Financial Supervision Authority may grant permission to draw up a group plan for the repair of banks belonging to the security system referred to in art. 22b par. 1. Act on the functioning of cooperative banks, their association and associations of associations, or of the integrated association referred to in art. 22o ust. 1 of this Act, by the management unit referred to in art. 22d par. 1 point 2 of that law, or the association bank referred to in Article 1 (1) of that law. 22d par. 1 point 1 or in Article 22o ust. 1 of this Act, in the case of banks meeting the requirements set out in Art. 113 (1) 7 of Regulation No 575/2013 or permanently affiliated with the central body referred to in art. 10 para. 1 of this Regulation, at their request. On behalf of the banks associated with the central authority, the request shall be made by the central authority drawing up the plan
2. Subject to the provisions relating to the protection of information, the banks referred to in paragraph 2 shall apply. 1, at the request of the entity drawing up and updating the group repair plan, shall provide the information necessary for the drawing up and updating of that plan. The Financial Supervision Commission may, by decision, order a bank that has refused to provide information, to draw up or to update its own recovery plan.
3. The Polish Financial Supervision Authority informs the European Banking Authority of the approval of the drawing up of the group repair plan referred to in paragraph. 1.
Art. 141p. [ Restriction of the subjective scope or of this recovery plan] 1. The Polish Financial Supervision Authority may, by decision, limit the scope of the subject-matter or the subject of the recovery plan referred to in art. 141m (1) 1 and 2, art. 141n ust. 1 and Art. 141o ust. 1.
2. Taking the decision referred to in paragraph. 1, the Financial Supervision Authority shall take into account:
1) the impact of the bank's bankruptcy on the entities referred to in art. 1 (1) 2 of the Act of 21 July 2006. on the supervision of the financial market or on the national economy;
2) the nature of the bank's activities and the scope and degree of its complexity, ownership structure, legal form, risk profile, size or affiliation with entities other than those referred to in art. 1 (1) 2 of the Act of 21 July 2006. on the supervision of the financial market;
3. belonging to the system of protection or to the systems referred to in art. 113 (1) Article 7 of Regulation No 575/2013 or the permanent association with the central authority referred to in Article 7 of Regulation (EC) No 575/2013; 10 para. 1 of this Regulation;
4) the provision of investment services or carrying out investment activities within the meaning of the Act of 29 July 2005. marketing of financial instruments.
3. In order to determine the circumstances referred to in paragraph. Article 2 (1) and Article 2 (2) 141t (1) 2 point 5, the Financial Supervision Authority may consult the Financial Stability Committee and the Bank Guarantee Fund.
4. In the event of a change of the circumstances referred to in paragraph. 2, the Financial Supervision Authority may amend or repeal the decision referred to in paragraph 1. 1.
5. The Minister responsible for financial institutions shall determine, by means of a regulation, the detailed scope of the recovery plan and the group repair plan referred to in Article 3. 141m (1) 1 and 2, art. 141n ust. 1 and in Art. 141o ust. 1, taking into account the nature of the bank's activities and the scope and degree of its complexity, ownership structure, legal form, risk profile, size or affiliation with entities other than those referred to in art. 1 (1) 2 of the Act of 21 July 2006. on the supervision of the financial market.
Art. 141q. [ Approval of the repair plan and the group repair plan] 1. The Financial Supervision Authority, by decision, approves the repair plan and the group repair plan referred to in art. 141m (1) 1 and 4 and Art. 141n ust. 1, within 6 months from the date of submission by the bank of the application for its approval, taking into account the adjustment of the capital structure and the structure of the bank's financing to the organisational structure and risk profile of the bank, as well as the results of the last the supervisory examination and evaluation referred to in Article 133a, and:
1) the requirements referred to in art. 141m (1) 1 and 3;
2) the effectiveness of the recovery plan in terms of improving the bank's financial situation, including its solvency and the possibility of making a profit;
(3) in the event of a threat to the financial situation of the bank, the possibility of taking immediate action in the recovery plan in such a way as to limit the negative effects on the financial system
2. The bank's request shall be accompanied by a resolution of the bank's supervisory authority on approval of the recovery plan.
3. Where the recovery plan includes significant branches of the national bank, the Financial Supervision Commission shall approve the plan after having consulted the competent supervisory authorities of the host States for those branches of their financial position.
4. Before the adoption of the decision referred to in paragraph. 1, the Polish Financial Supervision Authority shall apply to the Bank Guarantee Fund for an opinion on the anticipated impact of the implementation of the repair plan on forced restructuring referred to in Chapter 5 of Chapter 5 of the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, within 14 days. This time limit shall not be counted against the time limit referred to in paragraph 1. 1.
5. If it is found that the recovery plan prevents the effective execution of the proceedings of forced restructuring, the Bank Guarantee Fund shall immediately inform the Financial Supervision Commission thereof.
(6) If the recovery plan does not fulfil the conditions for the adoption of the decision referred to in paragraph 1 (2), 1, the Financial Supervision Commission shall invite the bank to supplement or amend the recovery plan, within 2 months from the date of service of the call. This time limit shall not be counted against the time limit referred to in paragraph 1. 1. At the request of the bank, the Financial Supervision Commission may extend this deadline by a month.
(7) Where the bank does not amend or supplement the recovery plan, or despite their implementation, the recovery plan does not fulfil the conditions for the adoption of the decision referred to in paragraph 1. 1, the Financial Supervision Authority, by decision, refuses to approve the recovery plan and calls on the bank to submit a new recovery plan.
8. If the bank does not take the measures referred to in paragraph. 7, or the Financial Supervision Commission considers them insufficient, the Financial Supervision Commission may recommend to the bank to take the measures referred to in art. 138 para. 1.
9. The Financial Supervision Commission shall provide the approved repair plan to the Bank Guarantee Fund.
10. In the event of refusal of the approval of the group plan of repair, the Polish Financial Supervision Authority may, by decision, withdraw the consent referred to in art. 141o ust. 1.
Art. 141r. [ Entities cooperating with the KNF in the framework of the exercise of supervision on a consolidated basis] 1. The Polish Financial Supervision Authority, taking part in the exercise of supervision of the consolidated decision referred to in art. 141q (1) 1, cooperate with the competent supervisory authorities with the supervision of entities operating in the same holding as the bank, seeking to reach a common position both to resolve and to assess its rationale. The provisions of Article 4 138b ust. 1-4, para. First sentence and paragraph 5. 5a-7 shall apply mutatis mutandis.
2. The Polish Financial Supervision Authority cooperates with the competent supervisory authorities exercising supervision on a consolidated basis of entities operating in the same holding as the bank, aiming to achieve a common position both for resolution and evaluation the conditions for the approval of the group's recovery plan by those authorities.
3. The Polish Financial Supervision Authority may refer the request to the European Banking Authority to provide support in reaching an agreement with the competent supervisory authority in accordance with art. In the absence of an agreement with the competent supervisory authorities on the adoption of the decisions referred to in paragraph 31, Regulation No 1093/2010 and of the binding mediation should be taken in the absence of an agreement with the competent supervisory authorities. 2 and Article 141n ust. 1 and 3.
Art. 141s. [ Taking up recovery plans despite the failure to achieve the levels of indicators referred to in art. 141m (1) 3 (2) 1. The Bank may take the action specified in the recovery plan despite the failure to achieve the level of the indicators referred to in art. 141m (1) 3 point 2. In such a case, the board of directors of the bank shall adopt such measures and shall forward it without delay, together with the reasons for the financial supervision by the Commission.
2. The Polish Financial Supervision Authority may grant permission to waive the action specified in the recovery plan despite the bank's achievement of the levels of the indicators referred to in art. 141m (1) If this does not adversely affect the prudent and stable management of the bank, point 2 shall not be affected. Consent shall be issued at the request of the bank. The bank's request shall be accompanied by a resolution of the Management Board on the waiver of such action, together with the reasons for its reasons.
Art. 141t. [ Financial support] 1. Bank operating in one of the holding companies referred to in art. 141f ust. 1, may, with the agreement of the Financial Supervision Authority, conclude a financial support agreement with other entities subject to consolidated supervision operating in the same holding company and closely related entities. Support shall be provided on the basis of reciprocity as laid down in the agreement, in particular by granting a loan, guarantee or hedge of the repayment of loans or loans or fulfilling commitments.
2. Financial support may be granted if:
(1) the receiving bank has fulfilled the conditions for the adoption of the decisions referred to in Article 3 (1) (b). 142, art. 144 or Art. 145;
2) will significantly improve the financial situation of the bank receiving the support;
3. it will maintain or restore financial stability at the holding of the holding and is in the interest of the support provider;
4) the receiving bank shall be able to repay it with interest in the contractual terms of repayment;
5) does not jeopardize the liquidity or solvency of the support provider;
6) does not pose a threat to the stability of the national financial system;
(7) the bank providing support shall comply with the requirements set out in the Article. 92, art. 412 and Art. 460 of Regulation No 575/2013, as well as recommendations and warrants referred to in Article 138 para. 1 points 2 and 4 to 6, and the granting of financial support will not cause them to be infringed;
8. the provision of support does not jeopardize the implementation of the recommendations referred to in Article 4. 95 (1) 4 of the Act of 10 June 2016. o The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring, in relation to the bank providing support.
3. The contract referred to in paragraph 3. 1, lays down rules for the calculation of fees and commissions for activities carried out under the support provided, including the rules for determining those fees and commissions at the time when financial support is granted, taking into account any direct or indirect action the benefits that the parties may derive from the financial support.
4. Subject to the provisions relating to the protection of information, the applicant bank shall, at the request of the assisting entity, provide the information necessary for the conclusion and execution of the contract and the establishment of fees and commissions.
5. The implementation of the contract referred to in paragraph 5. 1, the third party is invalid.
Art. 141u. [ The consent of the KNF to conclusion of the agreement referred to in art. 141t (1) 1] 1. The Polish Financial Supervision Authority, by decision, may give its consent to the conclusion of the agreement referred to in art. 141t (1) 1, at the request of the bank.
2. The request of the bank shall be accompanied by the draft agreement and the resolutions of the banks competent to agree to the conclusion of the agreement, taken in each of the banks by a majority of 3/4 of the votes shall be taken. Resolutions may include conditions and time limits for providing support.
3. The Polish Financial Supervision Authority may grant consent to the conclusion of the contract if the fulfilment of the conditions referred to in art is ensured. 141t, and none of the parties to the agreement, fulfils the conditions for taking the measures referred to in Article 4 of the Agreement. 142 (1) 1. Changes to the contract shall require the prior approval of the Financial Supervision Commission.
4. The Polish Financial Supervision Authority shall immediately forward the request to the supervisory authorities competent for the parties to the contract.
5. The Financial Supervision Commission shall, when exercising the supervision of the consolidated agreement referred to in paragraph. 1, cooperate with the competent supervisory authorities with the supervision of entities operating in the same holding as the bank, seeking to reach a common position both to resolve and to assess its rationale. The provisions of Article 4 138b ust. 1-4, para. First sentence and paragraph 5. 5a-7 shall apply mutatis mutandis.
6. The Polish Financial Supervision Authority may, within 2 days of the notification of the decision of the competent supervisory authority about refusing or limit the provision of financial support to the bank, refer the request to the European Banking Authority on to provide support in reaching an agreement with the competent supervisory authority in accordance with art. 31 of Regulation (EC) No 1093/2010 and the binding mediation process.
7. After the conclusion of the contract referred to in paragraph. 1, the bank shall send it a copy of the Financial Supervision Commission. The Financial Supervision Commission shall forward it to the Bank Guarantee Fund.
8. The Management Board of the Bank, which has entered into the contract referred to in paragraph. 1, at least once a year, shall submit a report to the general meeting on the implementation of the contract, together with a report on the activities.
Art. 141v. [ The consent of the KNF to provide support by the bank in the execution of the contract referred to in art. 141t (1) 1] 1. The Polish Financial Supervision Authority, by decision, may grant the consent to the bank to provide support in the execution of the contract referred to in art. 141t (1) 1, at the request of the bank providing support.
2. The request of the bank shall be accompanied by a decision of the Management Board to grant financial support, accompanied by a justification indicating the purpose of the support provided, the manner in which the conditions laid down in the Article are fulfilled. 141t, the impact of the granting of support to the awarding bank and the effects of not providing support to the financial situation at the holding level, as well as the resolution of the board of the bank receiving support on the approval of the financial support.
3. The Polish Financial Supervision Authority shall give the consent referred to in paragraph. 1, within 5 working days from the date of receipt of the request, the information and analyses referred to in paragraph 1. 2, subject to paragraph. 4.
4. In the event of a statement of deficiencies in the application or the documents attached to it, the Financial Supervision Commission shall invite the bank to supplement those deficiencies within the prescribed period.
5. The Financial Supervision Commission may limit the scope of financial support. Consent may be granted on condition or subject to a time limit.
6. If the Financial Supervision Commission fails to give its consent within the time limit referred to in paragraph. 3, financial support may be granted under the conditions set out in the application and the documents attached thereto.
7. The intention to provide financial support shall inform the following:
(1) the competent supervisory authority exercising supervision on a consolidated basis over the holding in which the bank operates;
2) the competent supervisory authority of the receiving bank;
3) The European Banking Authority.
8. The notification referred to in paragraph. 7. The bank shall attach copies of the resolutions referred to in paragraph 1. 2, and the draft agreement referred to in art. 141u ust. 2.
9. The Polish Financial Supervision Authority shall transmit a copy of the consent referred to in paragraph. 1:
1) the competent supervisory authority exercising the supervision of the receiving bank;
(2) the European Banking Authority;
(3) the college and the college of forced restructuring appropriate to the bank providing support;
4. The Banque Guarantee Fund.
Art. 141w. [ Providing information on the conclusion of the Financial Support Agreement] Entities belonging to one of the holding holding companies referred to in Article 4 par. 1 point 10-11c, under supervision on a consolidated basis, shall make public, in particular on its website, information on the conclusion of a financial support agreement within the framework of the holding in accordance with art. 141t, the parties to the contract, the subject matter of the contract and the costs incurred, and shall update this information during the annual periods. Information about the failure to conclude such a contract shall also be made available to the public and to the update.
Art. 141x. [ Announcement of information on the fact of being a party to financial support within the group] The Bank shall publish in a general manner available, in accordance with Article 4. 431-434 of Regulation (EC) No 575/2013, whether it is a party to a group of financial support agreements. Where a bank is a party to such an agreement, it shall also provide a description of the general terms of the contract in a general manner, and shall indicate the related parties to the contract. This information shall be updated no less frequently than once a year.
AA. Early intervention
Article 142. [ Deploy Recovery Plan] 1. In the event of a breach by the bank or the occurrence of danger of a breach:
1. 92 of Regulation (EC) No 575/2013, taking into account the additional own funds requirement above the value resulting from the requirements calculated in accordance with the detailed rules laid down in Regulation No 575/2013, referred to in art. 138 para. 1 point 2a,
2. Article 4 par. 2 of the Commission Delegated Regulation (EU) No 2015/61 of 10 October 2014. supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council (Dz. Urz. EU L 11, 17.01.2015, p. 1) with respect to the requirement to cover net outflows for credit institutions taking into account a higher requirement for liquidity coverage as referred to in Article 128 (1) Article 6a (5) and the obligation to comply with the additional liquidity requirements referred to in Article 6. 138 para. 1 point 1a,
3) supervisory liquidity measures referred to in the provisions issued on the basis of art. 128 (1) 6a (5), the obligation to comply with the additional liquidity requirements referred to in Article 6. 138 para. 1 point 1a as well as the provisions of Article 1 412, art. 429 and art. 460 of Regulation No 575/2013 or the provisions of Section IV of Chapter 1 of the Act of 29 July 2005. the trading of financial instruments,
4. Article 3-7, art. 14-17 and art. 24-26 of the Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014. on the markets in financial instruments and amending Regulation (EU) No 648/2012 (Dz. Urz. EU L 173 of 12.06.2014, str. 84)
-the Board of Governors shall immediately inform the Financial Supervision Commission and the Bank Guarantee Fund and ensure that the recovery plan is implemented.
2. The Management Board of the bank shall immediately notify the breaches referred to in paragraph. 1, the Financial Supervision Commission and the Bank Guarantee Fund and ensures the implementation of the recovery plan in the event of a materially deteriorating financial situation of the bank, including the emergence of a balance sheet loss or threat of its occurrence or establishment the danger of insolvency or loss of liquidity, the deteriorating liquidity and solvency, the increasing level of leverage referred to in art. 4 par. 1 point 93 of Regulation (EC) No 575/2013, the increasing number of non-performing loans or the concentration of exposures.
3. The Polish Financial Supervision Authority may, by decision:
1) request the bank's board to implement the recovery plan, including taking the actions identified in the plan for the repair or updating of that plan, if the conditions for its implementation are different from the conditions adopted in the development of the recovery plan, or to request, within a specified period of time, the actions provided for in the updated plan to meet the requirements referred to in paragraph 1. 1, or improve the financial situation;
2) prohibit the granting or limited provision of loans and cash loans to shareholders (members) and members of the management board, the supervisory board and employees of the bank;
3) to order the reduction or interruption of the payment of certain variable components of remuneration of persons occupying managerial positions in the bank;
4) request the bank's board to convene an extraordinary general meeting to deal with the bank's situation, to decide whether to cover the balance sheet loss or to take other resolutions, including the increase of own funds;
5) request the bank with a request to cancel one or more members of the board of the bank or persons occupying managerial positions, if those persons do not give the warranty of prudent and stable management of the bank;
6) to order, taking into account the recovery plan, the drawing up and implementation of a restructuring plan for commitments to some or all of the creditors;
7) order the introduction of changes to the bank's business strategy;
8) order the introduction of changes to the statutes of the bank or its organisational structure.
4. When assessing the financial position of the bank, the Polish Financial Supervision Authority may take into account the bank's retention of the own funds requirement as set out in the paragraph. 1 point 1 increased by 1,5 percentage points and the increasing level of leverage referred to in Article 1 (1) (a) of the Directive. 4 par. 1 point 93 of Regulation (EC) No 575/2013, the increasing number of non-performing loans or loans or the concentration of exposures.
5. The decision referred to in paragraph. 3, is subject to immediate execution.
6. The Financial Supervision Commission, by issuing the decision referred to in paragraph. 3, may specify conditions or terms in its contents.
7. During the implementation of the recovery plan, the profit achieved by the bank is earmarked in the first place to cover losses and then to increase the bank's own funds.
8. In the case of the decision referred to in the paragraph. 3, the Financial Supervision Authority shall immediately notify the Bank Guarantee Fund.
Art. 142a. [ Obligation to convene an extraordinary general meeting] 1. In the case referred to in art. 142 (1) 3 point 4, the management board of the bank should convene an extraordinary general meeting within 14 days from the date of receipt of the decision, and after the unsuccessfully expiry of that period the Extraordinary General Meeting may be convened by the Financial Supervision Commission. In this case, the Financial Supervision Commission shall determine the order of the assembly.
2. The costs of convening and holding a general meeting shall be borne by the bank.
3. Abors in the general meeting shall not last for a total of more than 14 days.
Article 144. [ The curator overseeing the implementation of the remedial programme] 1. In the case referred to in art. 138 para. 3, in connection with the occurrence of the circumstances indicated in art. 142 (1) 1, in order to improve the situation of the bank or to ensure the effectiveness of the implementation of the recovery plan, the Polish Financial Supervision Authority may, subject to Art. 5 par. 6 of the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, issue a decision to establish a curator at the bank.
1a. In the case referred to in paragraph 1. 1, the Financial Supervision Commission shall determine in the detailed decision the scope of the curator's tasks.
2. The rescuer 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 his functions.
3. The Kurator shall have the right to object to the resolution and decision of the management board and the supervisory board of the bank. A declaration of intention to raise objections raised at the meeting of the supervisory board or the board shall suspend the execution of a resolution or decision.
3a. Opposition referred to in paragraph 1. 3, the curator contributes to the competent economic court within 14 days from the date of the posture of the resolution or decision of the Management Board or the Supervisory Board.
3b. In the absence of any objection to the court within the period referred to in paragraph. 3a, or in the case of a statement by the curator, that he will not object, the resolution or the decision referred to in the paragraph. 3, may be performed.
4. The curator may challenge the resolution of the general meeting of shareholders or the resolution of the general meeting of the cooperative bank, which violate the bank's interest, according to art. 422 § 1 Code of Commercial Companies or Art. 42 § 3 of the Act-Cooperative Law.
4a. With the approval of the Polish Financial Supervision Supervisory Commission, the curator may convene an extraordinary general meeting.
4b. The costs of convening and holding a general meeting shall be borne by the bank.
4c. Abors in the general meeting shall not last for more than 14 days.
5. From the decision to establish the curator the bank may bring a complaint to the administrative court within 7 days from the date of service of the decision. The application of the action shall not suspend the execution of the decision. Article Article 127 § 3 of the Code of Administrative Procedure does not apply.
6. The curator's function may be performed by a person with qualifications and professional experience in the organisation and operating rules of the bank, and giving a guarantee of protection of the interests of the bank in which the curator is to be established. The curator may also be a legal person.
7. The Kurator shall submit to the Financial Supervision Committee quarterly reports of its activity containing an assessment of the bank's financial position or implementation by the bank's management of the recovery plan.
8. The remuneration of the curator shall be determined by the Polish Financial Supervision Authority, except that it may not be higher than the remuneration of the President of the bank in which the curator was established. Costs related to the execution of the curator function shall be charged to the bank's operating costs.
8a. The Polish Financial Supervision Authority shall make public the information on the establishment of the curator by posting it in the Public Information Bulletin on its website.
8b. If a curator has been appointed for reasons other than those referred to in Art. 144 ust. 1, the curator shall be appointed for a period of not more than a year. This period may be extended if it has not established the conditions for its appointment. The Financial Supervision Commission shall forward the decision to the shareholders of the bank.
9. The Polish Financial Supervision Authority may revoke the curator in the event of his resignation or improper performance of the function.
10. A physical activity serving as a curator shall be entitled to a holiday leave of 26 days on the basis of the rules laid down in the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666), within the deadlines agreed with the Financial Supervision Commission.
11. The period of the probation of the probation function by a natural person shall be included in the working period from which the employee's powers depend. Social insurance and health insurance rules apply to these persons, unless those persons are covered by these insurance claims from other titles.
Article 145. [ Commis-arial Board] 1. If, as a result of the circumstances referred to in Article 142 (1) 2. the application of the measures referred to in Article 2. 138 para. 3, did not contribute to the improvement of the situation of the bank either in order to ensure the effectiveness of the implemented repair plan, or in the event that the implementation of this plan proves ineffective, the Financial Supervision Commission may issue a decision on the establishment of the Management Board Commission. The establishment of the Board of Directors shall not affect the organisation and manner of the operation of the bank as a legal person, except for the amendments provided for by the Law.
1a. The Polish Financial Supervision Authority may make certain activities subject to specific activities by the Board of Directors on the basis of its consent.
2. The Board of Directors shall pass the right to take resolutions and decisions in all matters reserved in the Act and the statutes to the jurisdiction of the authorities and bodies of the bank, subject to the paragraph. 1a. On the date of the establishment of the Board of the Board, the Supervisory Board shall, subject to paragraph. 4, shall be suspended, the members of the management board of the bank shall be revoked from the power of the law, and the previously established procurs and powers of attorney shall expire. The powers of other organs of the bank shall be suspended for the duration of the Board of Directors.
2a. The Board of Directors may close the bank's accounts and draw up the bank's financial statements for the day appointed by the Financial Supervision Commission and adopt a resolution to cover the loss for the period ending on that date and the loss of the bank's accounts. previous years.
3. (repealed)
4. From the decision referred to in paragraph. 1, the supervisory board may bring a complaint to the administrative court within 7 days from the date of service of the decision. The application of the action shall not suspend the execution of the decision. Article Article 127 § 3 of the Code of Administrative Procedure does not apply.
5. The Board of Directors shall draw up the recovery plan referred to in art. 141m, directs its execution and, at least every 3 months, informs the Financial Supervision Commission and the Supervisory Board of the state of implementation of this plan.
6. The establishment of the Board of the Board shall be subject to notification to the register competent for the bank.
7. Rules of Art. 144 ust. 8a and 9 shall apply mutatis mutandis.
Article 146. [ Members of the Board of Directors] 1. The Member of the Board of Directors shall, in the case of submission of the application in accordance with art. 174 § 1 of the Act of 26 June 1974. -The Labour Code shall be granted free leave for the term of office of this function.
2. The period of unpaid leave referred to in paragraph. 1, which is included in the working period on which the employees ' rights are dependent.
3. The remuneration of the members of the board of directors shall be determined by the Polish Financial Supervision Authority, except that it may not be higher than the remuneration of the members of the previous board. The costs of the administration of the Board shall be borne by the bank.
Art. 146a. [ The activities carried out by the KNF before the decision referred to in Article 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1] 1. Before the adoption of the decision referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) The Financial Supervision Authority shall inform the European Banking Supervision Authority of its planned settlement and request the competent supervisory authorities to supervise the operators in the holding of a holding company, in respect of the bank which is the parent undertaking in the holding. in the same holding for opinions within the scope of the planned settlement. In proceedings conducted in the cases referred to in art. 141v par. 1 and 5, art. 142 (1) 3, art. 142a (1) 1, art. 144 ust. 1, art. 145 (1) 1, the Financial Supervision Commission may derogate from the application of Art. 10 § 1 of the Code of Administrative Procedure, also in cases where the application of this provision could prevent or significantly impede the attainment of the objectives of early intervention. The reasons for the decision may be served within 14 days from the date of service of the decision. Where a statement of reasons is served after the notification of the decision, the time limit for the submission of a request for retrial shall run from the date on which the reasons for the decision were served.
2. The Polish Financial Supervision Authority may issue a decision as referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1, within 3 days from the date of service to the competent supervisory authority of the application referred to in paragraph 1. 1.
3. The Polish Financial Supervision Authority, by issuing the decision referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1, take into account the opinions of the competent supervisory authorities received within the time limit laid down in the paragraph. 2.
4. The Financial Supervision Commission shall communicate the decision referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1, the competent supervisory authorities and the European Banking Authority.
5. Prior to the adoption of the decision referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) The Financial Supervision Authority shall inform the European Banking Supervision Authority of the planned settlement and request the competent supervisory authority exercising supervision on a consolidated basis vis-vis a bank that is a subsidiary of the holding company. dominant in this holding for an opinion on the planned settlement. The provisions of the paragraph 2-4 shall apply mutatis mutandis.
6. Where the competent supervisory authority supervises a dependent entity operating in one of the holding companies referred to in Article 4, the following shall be carried out in accordance with Article 6 of the Rules of the procedure. 141f ust. 1 points 2 to 5, or the competent supervisory authority exercising supervision on a consolidated basis of a parent undertaking operating in one of the holding companies referred to in Article 1 (2) of the Regulation. 141f ust. 1 points 2 to 5 (applicant), before the decision on the application of a measure similar to that referred to in Article 1 (2) (a) is applied. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1 requests the Polish Financial Supervision Authority for an opinion on the planned settlement, the Financial Supervision Commission gives an opinion on the potential impact of the planned settlement on financial market entities in Poland, within 3 days from the date of receive an application for such an opinion.
7. In the case of receipt by the Commission of the Financial Supervision of the application referred to in paragraph. 6, the Financial Supervision Authority examines the appropriateness of taking the measures referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1, in respect of the entities under supervision in the holding of which the application relates. In the event that such measures are considered necessary, the Financial Supervision Commission shall, without delay, not later than 3 days from the date of receipt of the request, notify the applicant entity and enter into consultation with the entity. Applicants intended to reach agreement on the coordination of early intervention measures.
8. Paragraph Recipe 7 shall apply mutatis mutandis if, in response to the notifications referred to in paragraph 1, the 1 or 5, the applicant operator shall indicate that early intervention measures have to be taken in the same holding holding the notification.
9. In the event of failure to reach agreement in the consultations referred to in paragraph. 7 and 8, after 5 days from the date of submission of the application referred to in paragraph 1, 5 and 6, the Financial Supervision Commission may issue the decisions referred to in art. 142 (1) 3, art. 144 ust. 1 or Art. 145 (1) 1, in respect of the entity under supervision, from the holding of the holding of which the consultation was concerned.
10. In the cases referred to in paragraph. 7 and 8, the Financial Supervision Authority may submit an application to the European Banking Authority for the taking of the action referred to in Article 4. 31 lit. c of Regulation No 1093/2010.
(11) If the Financial Supervision Commission considers it to be unfounded, the decision of the applicant party referred to in paragraph 1 shall be deemed to be unfounded. 6, or it is not possible to reach an agreement on the coordination of measures of early intervention, may before the expiry of the period specified in the paragraph. 9 to refer the matter to the European Banking Authority in order to obtain assistance in reaching an agreement. In such a case, the Financial Supervision Authority shall refrain from taking the decisions referred to in paragraph 1. 9.
12. Guidelines of the European Banking Authority issued in connection with the referral of a case under the paragraph. 11 shall be binding on the Financial Supervision Commission.
B. Liquidation of the bank
Article 147. [ The decision to revoke the authorisation of the establishment of the bank and its liquidation or the decision to withdraw to the Council of Ministers for the liquidation of the bank] 1. If after a period of 6 months from the day of the extraordinary general meeting convened in accordance with the procedure laid down in Art. 142a (1) 1 loss will exceed half of own funds, the Financial Supervision Authority may issue a decision on:
1) repeal of the permit for the establishment of the bank and its liquidation;
2) a speech to the Council of Ministers for the liquidation of the bank-in the case of a state-owned bank.
2. The decision to liquidate the bank by the Polish Financial Supervision Authority may also issue at a time other than the one specified in the paragraph. 1 if there are circumstances which threaten the bank's insolvency or decrease the amount of the bank's own funds to such an extent that the requirements for the creation of the bank would not be met.
3. From the decision referred to in paragraph. 1 and 2, the supervisory board may bring a complaint to the administrative court within 7 days from the date of service of the decision. The lodging of a complaint does not suspend the execution of the decision, but the liquidation of the bank's assets in liquidation or the acquisition of the bank's assets by the acquiring bank cannot be initiated before the action is considered. Article Article 127 § 3 of the Code of Administrative Procedure does not apply.
Article 152. [ The decision to change the content of the liabilities of the bank taken over] The acquiring bank may request a change in the content of the liability incurred by the legal act of the bank taken over in the period of the year prior to the takeover, if, as a result of that operation, the other party has obtained a claim on conditions more favourable than the applicable then the bank acquisitions. The competent local authority of the acquiring bank is recognised Provincial court the economic court.
Article 153. [ Bank Likwidator] 1. The Management Board over the assets of the liquidated bank shall include the liquidator appointed by the Polish Financial Supervision Authority, on which the rights reserved in the Act and the Statute for the Bank's bodies are transferred. The liquidator represents the bank in liquidation in court and outside the court.
2. On the date of taking over the management of the assets of the liquidated bank by the liquidator:
1) the management board of the bank undergoes dissolution and the mandates of its members are subject to the expiry of the law;
2) the powers of the supervisory board, subject to art. 147 para. 3, they shall be suspended.
Article 154. [ Liquidation of the bank] The liquidation of the bank shall be carried out in accordance with the rules in force at the winding-up of commercial companies, cooperatives or in accordance with the provisions referred to in art. 14, except that:
1. in the liquidation period, no dividend or interest rate shall be paid;
(2) the opening balance sheet, the winding-up programme and the liquidation account shall be approved by the Financial Supervision Commission;
3) the liquidator, not less than once a month, shall submit to the Financial Supervision Commission and the creditors of the report on liquidation;
4) the division between the shareholders (members) of the assets remaining after the veil and the security of creditors cannot be made before the end of the year from the date of the last announcement of the opening of liquidation.
Article 155. [ Liquidation report] 1. The Ljubledist shall have the right to request a change of the content of the undertaking referred to in art. 152. It may deduct from the bank's receivables the bank's debt resulting from the bank account also when its repayment dates have not yet taken place.
2. Upon completion of liquidation, the liquidator shall draw up a liquidation report and submit them to the Financial Supervision Commission and to the register court with a request to delete the bank from the register.
Article 156. [ Detailed conditions and mode of acquisition or liquidation of the bank, establishment of the liquidator] The detailed terms and conditions for the acquisition or liquidation of the bank and the appointment of the liquidator shall determine the decision referred to in Article 4. 147 para. 1.
Art. 156a. [ Voluntary liquidation of the bank] 1. The General Assembly may decide to voluntarily liquidate the bank for reasons other than those specified in Art. 147. Before commencing voluntary liquidation, the bank shall be obliged to inform the Financial Supervision Commission of the decision taken and submit it for approval to the liquidation programme. Article Recipe Point 3 of paragraph 154 shall apply mutatis mutandis.
2. Voluntary liquidation of the bank does not exclude the possibility for the Polish Financial Supervision Authority to undertake the activities referred to in art. 142-145, art. 147 and art. 157.
Article 157. [ Cancellation of the liquidator] The Financial Supervision Commission may decide to revoke the liquidator designated by the bank if it carries out the liquidation of the bank in such a way as to endanger the security of the cash collected on the bank accounts. The Financial Supervision Commission will then set up a new liquidator.
Article 157a. [ Actions taken against the branch of the national bank] In the event of a branch of a national bank having a branch in the territory of another Member State, the activities referred to in Article 4 (2) of the Regulation. 142-145, art. 147 and art. 157, the Financial Supervision Commission shall immediately inform the competent supervisory authority of the host country.
Article 157b. [ Actions taken against the foreign bank branch] In the event of a branch of the foreign bank, the activities referred to in Article 4 142-145, art. 147 and art. 157, the Financial Supervision Authority shall immediately notify the competent supervisory authority of the host State in whose territory another branch of that bank is situated.
Art. 157c. [ Liquidation of the credit institution] 1. In the event that the competent supervisory authorities of the Member State take action aimed at the liquidation of a credit institution conducting activity in the territory of the Republic of Poland, the Financial Supervision Commission shall recognise the measures taken by these authorities, on a reciprocal basis.
2. Paragraph Recipe 1 shall not exclude the powers of the Financial Supervision Authority in relation to a branch of a credit institution in the cases referred to in Article 3. 141a. Article Recipe 141a (1) 3a shall apply mutatis mutandis.
Art. 157d. [ Authenticated copy of the decision] 1. The liquidator or other person appointed by the competent supervisory authority of the Member State to carry out the liquidation of the credit institution, intending to perform operations on the territory of the Republic of Poland in relation to the branch of that to the institution, it is obligatory to present to the Polish Financial Supervision Authority a certified copy of the decision or decision to establish it together with an authenticated translation into Polish.
2. The persons referred to in paragraph. 1, shall be entitled to take action only within the scope set out in the act of their appointment. Where such an act does not contain any special provisions in this regard, the Financial Supervision Commission shall each time determine, by decision, the scope of the activities it will take on the territory of the Republic of Poland. In any event, this person shall be required to disclose in the relevant records kept for a branch of credit institutions the fact that liquidation is initiated and its effects.
Art. 157e. [ Consequences of the opening of reorganisation measures] The effects of the opening of reorganisation measures in relation to a branch of a credit institution or its liquidation shall be assessed in accordance with the rules in force in the home country, provided that the reciprocity is in force, with the following Reservations:
1. contracts of employment and labour relations shall be governed by the law of the Member State to which the contract has been concluded;
2) contracts granting the right to acquire or use immovable property shall be assessed according to the law of the Member State in which the property is situated, with that also that the law shall prejudge the recognition of the property in question as immovable property;
(3) rights relating to immovable property, ships or aircraft shall be governed by the law of the Member State in which the relevant register is kept.
Article 157f. [ Notification of a Bank Guarantee Fund with a Bank in difficulty of bankruptcy] 1. If the bank is at risk of bankruptcy, the Polish Financial Supervision Authority shall immediately inform the Bank Guarantee Fund thereof, indicating the reasons for such assessment.
2. The Bank shall be at risk of bankruptcy if at least one of the conditions referred to in Article 4 is met. 101 (1) 3 of the Act of 10 June 2016. o The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring.
3. The Management Board of the Bank, the Board of Directors or the liquidator shall immediately inform the Financial Supervision Commission of the fulfilment of the conditions referred to in paragraph 1. 1.
4. The Polish Financial Supervision Authority shall without delay transmit to the Bank Guarantee Fund the information received from the supervisory authorities of other States about the risk of bankruptcy of the entities of the group to which the bank belongs.
C. Bankruptcy of the bank
Article 158. [ Suspension of the bank's activities and the establishment of the board of directors] If, according to the balance sheet drawn up at the end of the reporting period, the assets of the bank are not sufficient to satisfy its obligations, the management board or the liquidator shall immediately inform the Financial Supervision Commission, which shall immediately inform the Commission of the financial supervision of the bank. issue a decision on the suspension of the bank's activities and the establishment of the board of directors, unless it has been established before, and at the same time apply to the competent court with a request for a declaration of bankruptcy.
2. If, for reasons connected directly with the financial situation of the bank, it does not regulate its obligations in respect of the payment of the funds referred to in Art. 2 point 68 of the Act of 10 June 2016. o The Bank Guarantee Fund, the deposit guarantee scheme and compulsory restructuring, against depositors within the meaning of Article 2 point 3 of this Act, the Polish Financial Supervision Authority, within 5 working days from the date of the determination of this circumstance, shall issue a decision to suspend the operation of the bank and the establishment of the Board of Directors, unless it has been established previously, and at the same time, apply to the competent court for the declaration of bankruptcy.
3. The Commission of Financial Supervision shall not take the decisions referred to in paragraph. 1 or 2 if the Bank Guarantee Fund has issued a decision to initiate a compulsory restructuring.
4. The decisions referred to in paragraph 1, the Financial Supervision Commission may also issue ex officio if there is no notification referred to in paragraph 1. 1.
5. Decisions to suspend the activities of the bank and the establishment of the board of committees referred to in the paragraph. 1 and 2, are made public by an advertisement in a journal of a nationwide range and in the Monitor of the Judicial and Economic Area. The decisions taken by the Financial Supervision Commission shall be notified to the Bank Guarantee Fund.
6. The decisions referred to in paragraph 1 1 and 2, they are not subject to challenge.
7. The Polish Financial Supervision Authority in accordance with art. 146 (1) 3 shall determine the amount of the remuneration to be paid to the commissioned board. To the costs of the activities of the Board of the Board of Art. 146 (1) 3 shall apply mutatis mutandis.
8. The provisions of the paragraph. 1-5 shall apply mutatis mutandis to the branch of the foreign bank which acceded to the Polish guarantee system, with that of:
1. the notification referred to in paragraph 1. 1, the director of the branch shall be carried out;
2) in relation to the branch shall not take the decision to take over by another bank with the consent of the acquiring bank.
Article 159. [ Effects of the suspension of the bank's activities] 1. During the period of suspension of activity bank:
1) does not regulate its obligations, with the exception of related to the pontilation of reasonable costs of current business, and does not conduct banking activities beyond debt collection and execution of transfer orders to the accounts of tax authorities from the title claims referred to in Article 55 par. 1 of the Act of 19 August 2011. for payment services;
2. it shall not pay funds derisating from the balance sheet surplus or the interest rate of the contributions.
2. During the period of suspension against the bank, enforcement proceedings may not be initiated and the previously initiated shall be suspended. The suspension is also executed from bank accounts held by this bank.
3. The conditions and scope of the bank's activities during the period of suspension of operations shall determine the decisions referred to in art. 158 (1) 1 and 2.
Article 169. [ Cash and salaries of members of the authorities] In connection with the liquidation of the art mode. 138 and art. 147, the bankruptcy of a bank or the establishment of a board of directors shall terminate the rights of the members of the board and of the supervisory board of the bank concerning the payment of payments of cash and remuneration for the period after the termination of the employment relationship.
Chapter 13
Civil and criminal liability
Article 170. [ Executing banking activities without permission] 1. Execution of bank activities without authorisation shall not constitute grounds for collection of interest, commission, fees or other remuneration.
2. Who has received the interest rate, commission, fee or other remuneration for the activities referred to in the paragraph. 1, is obliged to return them.
Article 171. [ Violation of provisions of the Act] 1. Who, without authorisation, carries out activities consisting in the collection of funds of other natural persons, legal persons, or organizational units without legal personality, for the purpose of granting loans, cash loans or incriminating the risk of these measures in a different way, subject to a fine of up to 10,000,000 zlotys and a custodial sentence of up to 5 years.
2. The same penalty shall be subject to who, when pursuing a gainful activity contrary to the conditions laid down by the Act, uses in the name of a non-bank business unit or for the determination of its activity or advertising of the words "bank" or "cash".
3. The same penalty shall also be subject to the one who permits the act referred to in the paragraph. 1 or 2 acting in the name of, or in the interest of, a legal person or an organizational unit without legal personality.
4. Who, being obliged to give the authorized body of information concerning the bank and clients of the bank to the extent determined by the law, gives untrue or withering the real data, shall be subject to the fine and penalty of imprisonment up to the years 3.
5. Who, being obliged to preserve banking secrecy, shall disclose or use the information constituting the bank secret, contrary to the authorization specified in the Act, shall be subject to a fine of up to 1 000 000 zlotys and punishments of imprisonment up to the years 3.
6. Who, being responsible for ensuring the proper functioning of the internal control of data and information required in connection with the exercise of supervision on a consolidated basis or for providing information and explanations on request of the Financial Supervision Commission, does not perform any obligation on it or performs it unconsciously or indeterminately, is subject to a fine of up to 1 000 000 PLN or a custodial sentence of up to 3 years.
7. Who, being responsible for drawing up or submitting to the Financial Supervision Commission of the consolidated financial statements or other reports related to supervision on a consolidated basis, does not perform the obligation on it or performs it Unreliable or untimely, subject to a fine of up to 500 000 PLN or a custodial sentence of up to the years 2.
8. Who, being obliged to do so, does not transfer to the institution created on the basis of art. 105 (1) 4 information on the total implementation of the undertaking or its expiry, determination of the non-existence of an obligation or a correction of its amount and of the newly created obligations within 7 days of the occurrence of the event justifying the transfer information, is subject to a fine of up to 30 000 zlotys.
Chapter 13a
Banks ' own funds ratios
Art. 171a. [ Percentage Values] 1. The percentages referred to in art. 467 par. 2 of Regulation (EC) No 575/2013, for banks, shall be 100%.
2. The percentages referred to in art. 468 par. 2 of Regulation (EC) No 575/2013, for banks:
1) 60%-until 31 December 2015;
2) 40%-from 1 January 2016. until 31 December 2016;
3) 20%-from 1 January 2017. by 31 December 2017
3. Subject to paragraph. 4, for the purpose of applying art. 468 par. 4, art. 469 par. 1 litas a and c, art. 474 lithium. a and art. 476 lithium. and Regulation No 575/2013, the percentages referred to in Article 478 par. 1 of this Regulation, for the banks:
1) 40%-until 31 December 2015;
2) 60%-from 1 January 2016. until 31 December 2016;
3) 80%-from 1 January 2017. by 31 December 2017
4. For the application of art. 469 par. 1 litas a and art. 474 lithium. and Regulation No 575/2013, the percentages referred to in Article 478 par. 1 of this Regulation, for banks, amount to 100% for the items referred to in Article 3. 36 ust. 1 litas g and Art. 56 lithium b and e of that Regulation.
5. For the application of art. 469 par. 1 litas c of Regulation No 575/2013, the percentages referred to in Article 4 478 par. 2 of this Regulation, for the banks:
1) 10%-until 31 December 2015;
2) 20%-from 1 January 2016. until 31 December 2016;
3) 30%-from 1 January 2017. by 31 December 2017;
4) 40%-from 1 January 2018. by 31 December 2018;
5) 50%-from 1 January 2019. by 31 December 2019;
6) 60%-from 1 January 2020. by 31 December 2020;
7) 70%-from 1 January 2021. by 31 December 2021;
8) 80%-from 1 January 2022. by 31 December 2022;
9) 90%-from 1 January 2023. until 31 December 2023
6. The percentages referred to in art. 479 (1) 3 of Regulation (EC) No 575/2013, for banks:
1) 60%-until 31 December 2015;
2) 40%-from 1 January 2016. until 31 December 2016;
3) 20%-from 1 January 2017. by 31 December 2017
7. The coefficient referred to in Art. 480 par. 2 of Regulation (EC) No 575/2013, for banks is 1.
8. The percentages referred to in art. 481 (1) 3 of Regulation (EC) No 575/2013, for banks:
1) 60%-until 31 December 2015;
2) 40%-from 1 January 2016. until 31 December 2016;
3) 20%-from 1 January 2017. by 31 December 2017
9. The percentages referred to in art. 486 (1) 5 of Regulation (EC) No 575/2013, for banks:
1) 70%-until 31 December 2015;
2) 60%-from 1 January 2016. until 31 December 2016;
3) 50%-from 1 January 2017. by 31 December 2017;
4) 40%-from 1 January 2018. by 31 December 2018;
5) 30%-from 1 January 2019. by 31 December 2019;
6) 20%-from 1 January 2020. by 31 December 2020;
7) 10%-from 1 January 2021. until 31 December 2021
Chapter 14
Transitional provisions, amendments to the provisions in force and final provisions
Article 172. 1. (bypassed)
2. (bypassed)
3. (bypassed)
Article 176. [ Impact on ongoing remedial, liquidation and bankruptcy proceedings] The remedial, liquidation and bankruptcy proceedings initiated prior to the entry into force of the Act have been pending from that date according to the provisions of the Act.
Article 177. [ Banks acting on the date of entry into force of the Act] 1. Banks acting on the date of entry into force of the Act are banks within the meaning of this Act and retain the powers and obligations to the extent that they are not contradicting it.
2. Banks with the participation of foreign capital, acting on the date of entry into force of the Act, become banks with the participation of foreign persons.
3. Incurring in foreign currencies the share capital of banks created by foreign persons or with the participation of foreign persons shall be converted into gold, according to the average rate announced by the National Bank of Poland on the date of entry into force of the Act.
Article 178. [ Bank operating without authorisation] 1. Bank, which started business before the date of entry into force of the Act referred to in art. 193, and does not hold the permission of the President of the National Bank of Poland to create a bank, is authorized to perform the banking activities set out in the statutes in so far as they do not oppose the provisions of the Act.
1a. The Bank referred to in paragraph 1. 1, may exercise in the territory of the State of the host banking activity as established by the statutes in so far as they do not oppose the provisions of the Act.
2. In relation to the bank referred to in paragraph. 1, instead of provided for in art. 138 para. Article 3 (4) and (4) of the 6 repeal of the authorisation to create a bank shall apply a decision prohibiting the execution of certain or all banking activities.
Article 179. [ Exclusion of certain statutory restrictions] The restrictions on the acquisition and transfer of shares and contributions to another legal person, including the acquisition by the banks of shares and the conversion of claims to assets in the debtor's assets, are not in force in the course of the procedure laid down in the Act. the law of 3 February 1993. the financial restructuring of companies and banks and the change of certain laws (Dz. U. Entry 82, z Late. zm.).
Article 181. [ Impact on concluded contracts] For contracts concluded by banks, including bank guarantees and guarantees granted prior to the entry into force of the Act, the existing provisions shall apply, subject to the provisions of Article 4 (1) of the Treaty on the European Community, and 152.
Article 183. [ Evidence of bearer shares in connection with savings contracts] 1. The bearer's evidence issued in connection with the savings contracts concluded before the entry into force of the Act shall retain the power until the expiration of those contracts, unless the parties have decided earlier to convert them into an account agreement The savings referred to in Article 4 50 par. 2.
2. Contracts in connection with which before 1 January 1998 Evidence of bearer evidence has been issued that has not been transformed into the thought of the mouth. 1, they shall expire on 1 January 2006, except that the monies due under those contracts shall be reimbursed to the holders of such evidence at interest, from 1 January 2006. at the rate of interest of cash collected on savings accounts held at the bank on the basis of contracts concluded for an indeterminate period of time.
Article 193. [ Repealed provisions] The Law of 31 January 1989 shall be repealed. -Banking law (Dz. U. of 1992. items 359, of late. zm.), except for the provisions of art. 121 (1) 2 and 3.
Article 194. [ Entry into force] The Act shall enter into force on 1 January 1998.
Article 194.
1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:
(1) Directive 97 /5/EC of 27 January 1997 (1) on cross-border credit transfers (Dz. Urz. EC L 43, 14.02.1997);
(2) Directive 98 /26/EEC of 19 May 1998 (OJ 1998 L 99, p. on the closure of accounts in payment and securities settlement systems (Dz. Urz. EC L 166 of 11.06.1998);
(3) Directive 1999 /93/EC of 13 December 1999. on a Community framework for electronic signatures (Dz. Urz. EC L 13 of 19.01.2000);
4) Directive 2000 /12/EC of 10 March 2000. relating to the taking up and pursuit of the business of credit institutions (Dz. Urz. EC L 126 of 26.05.2000);
(5) Directive 2000 /28/EC of 18 September 2000 (1). amending Directive 2000 /12/EC relating to the taking up and pursuit of the business of credit institutions (Dz. Urz. EC L 275, 27.10.2000);
(6) Directive 2000 /46/EC of 18 September 2000 (OJ 2000 L, p. on the taking up and pursuit of the business of electronic money institutions and the prudential supervision of their activities (Dz. Urz. EC L 275, 27.10.2000);
(7) Directive 2001 /24/EC of 4 April 2001 (OJ 2001 L 73, p. on the reorganisation and winding-up of credit institutions (Dz. Urz. EC L 125 of 05.05.2001).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
[ 1] Article 14 (1) 1 in the wording set by Article 1. 22 pt. 1 lit. a) of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 2] Article 14 (1) 1a added by art. 22 pt. 1 lit. b) of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 3] Article 16, in the version set by the Article. 22 point 2 of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 4] Article 19, in the version set by the Article. 22 point 3 of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 5] Article 44, as amended by Article 4 (2), 22 point 4 of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 6] Article 48 repealed by Article 48 22 point 5 of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
[ 7] On the basis of art. 4 of the Act of 29 July 2011. on the amendment of the Act-Banking law and certain other laws (Journal of Laws No. 165, item. 984) in the case of loans or borrowings borrowed by the borrower or borrower before the entry into force of the abovementioned laws (i.e. 26 August 2011) art. 69 par. 2 point 4a applies to those loans or loans that have not been fully repaid to that part of the loan or loan which has remained to be repaid. In this respect, the bank shall make a free change to the loan agreement or loan agreement.
[ 8] Amendment of Article 75 par. 1 resulting from Art. 418 point 2 of the Act of 15 May 2015. -Restructuring law (Journal of Laws item. 978) was not applied to the text on account of its objectivity.
[ 9] On the basis of art. 4 of the Act of 29 July 2011. on the amendment of the Act-Banking law and certain other laws (Journal of Laws No. 165, item. 984) in the case of loans or borrowings borrowed by the borrower or borrower before the entry into force of the abovementioned laws (i.e. 26 August 2011) art. The 75b is applicable to those loans or loans that have not been fully repaid to that part of the loan or loan which has remained to be repaid. In this respect, the bank shall make a free change to the loan agreement or loan agreement.
[ 10] On the basis of the judgment of the Constitutional Court of 15 March 2011. (Journal of Laws No 72, pos. 388) Art. 95 (1) 1 in the version given by the Law of 26 June 2009. amending the Act on perpetual and hipotary books and certain other laws (Journal of Laws No. 131, item. 1075), in connection with art. 244 § 1 and art. 252 of the Act of 17 November 1964. -Code of Civil Procedure (Journal of Laws No. 43, item. 296, as amended), in the part in which it gives the legal power of the document to the official accounting books and to the banks of the bank's accounts with regard to the rights and obligations arising from the banking activities in the civil proceedings carried out against the consumer, is not compatible with art. 2, art. 32 par. First sentence and Article 1 76 Constitution of the Republic of Poland and it is not inconsistent with art. 20 of the Constitution of Poland
[ 11] Currently: District Court on the basis of art. 4 of the Act of 18 December 1998. on the amendment of the Act-Law on the General Courts of the General Courts (Dz. U. Nr 160, pos. 1064), which entered into force on 1 January 1999.
[ 12] On the basis of art. 85 of the Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Journal of Laws of the European Union 1513), the consent referred to in art. 127 par. 3 pt. 2, para. 4, 6 and 7 in the version applicable until 1 November 2015 remain in force.
[ 13] On the basis of art. 85 of the Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Journal of Laws of the European Union 1513), the consent referred to in art. 128 (1) 3 in the version applicable until 1 November 2015. remain in force.
[ 14] On the basis of art. 85 of the Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Journal of Laws of the European Union 1513), the consent referred to in art. 128 (1) 9 in the version applicable until 1 November 2015. remain in force.
[ 15] On the basis of art. 85 of the Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Journal of Laws of the European Union 1513), the consent referred to in art. 128 (1) 10 in the version applicable until 1 November 2015. remain in force.
[ 16] On the basis of art. 85 of the Act of 5 August 2015. on the macro-prudential supervision of the financial system and crisis management in the financial system (Journal of Laws of the European Union 1513), exclusions referred to in art. 128b par. 1 in the version applicable until 1 November 2015. remain in force.
[ 17] Article 132, as amended by Article 2 (1), 22 point 6 of the Act of 16 December 2016. -Provisions implementing the Act on the Rules of State Management (Journal of Laws of the Law of the European Union). 2260). The amendment came into force on 1 January 2017.
