Decree No. 1 / 2026 Coll.
Decree amending Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Act on Savings and Credit Cooperatives, as amended
Valid
Order
Effective from 11.01.2026
Text versions:
11.01.2026
08.01.2026
1
DECLARATION
of 29 December 2025
amending Decree No. 355 / 2020 Coll., on Applications and Certain Information pursuant to the Bank Act and the Act on Savings and Credit Cooperatives, as amended
The Czech National Bank sets out, pursuant to § 4e paragraph 4, § 16 paragraph 7, § 17c paragraph 3, § 17n paragraph 3 and § 26g paragraph 3 of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 338 / 2020 Coll., Act No. 353 / 2021 Coll. and Act No. 280 / 2025 Coll., and pursuant to § 2cd paragraph 3 of Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 280 / 2025 Coll.:
Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Bank and Credit Cooperatives Act, as amended by Decree No. 56 / 2023 Coll. and Decree No. 197 / 2025 Coll., is amended as follows:
1. In the introductory sentence, the text "4 (7), Article 5 (5) 'is replaced by the text" 4e (4)', the text "17c (3), Article 17n (3) 'is inserted after the text" 26g' is inserted and the text "4 'is inserted after the number" 4' is inserted.
2. in Article 1 (1) (a) (3), the words "merger or division of a bank or" shall be deleted;
3. in § 1 (1) (a) (5) and § 7 of the introductory part of the provision, the word 'resolution' shall be replaced by 'decision';
4. In Article 1 (1) (b), point 2 is deleted.
Points 3 to 6 shall be renumbered 2 to 5.
5. In Article 1 (1) (b) (5), "5 'is replaced by" 4e', "1 'is replaced by" 3' and at the end, the dot is replaced by a comma.
6. in Article 1 (1), the following point (c) is added:
"(c) prior consent to:
1. Acquisition of a significant holding under Section 17c (3) of the Banking Act,
2. the merger or division of the bank pursuant to Paragraph 17n (3) of the Banking Act; and
3. the merger or division of the cooperative reserve pursuant to § 2cd (3) of the Act on savings and credit cooperatives. '.
8. Paragraph 1 (3) is deleted.
9. in Paragraph 2 (1) (b) of the introductory part of the provision, the word "in particular" shall be deleted.
10. in Paragraph 2 (1) (c) (1), the words "and the international legal entity identifier (LEI), if assigned, shall be added at the end."
11. in Article 2 (2) (c), the word "basic" shall be deleted;
12. in Article 2 (2) (f) (1), "5 (4) (c)" is replaced by "12ad (1)."
13.
Prior consent to transfer of assets to a bank
(K § 16 (7) of the Banking Act)
The details of the request for prior approval of the Czech National Bank for the transfer of the assets to the Bank as a shareholder under Section 16 (1) (c) of the Bank Act are:
(a) information on the intentions and reasons for the transfer of capital;
(b) a list of persons involved (3) for the transfer of the assets and, for each person, their identification details and whether they are the deceased or the transferee;
(c) a project for the transfer of the Bank's assets under the Act governing the conversion of commercial companies and cooperatives (11), as well as information containing at least:
1. changes to the business plan of the acquiring bank and a description of how sufficient capital will be ensured;
2. the timetable for the implementation of the capital transfer and the plan for the organisational, technical and personnel integration of the acquiring bank;
3. a description of the impact of the transfer of capital on the exercise of the activities of the acquiring bank;
(d) information on the expected impact of the transfer of capital to the level of the capital of the acquiring bank on an individual and consolidated basis, expressed by a change in capital ratios under the directly applicable regulation of the European Union governing prudential requirements (1), and information on the assumptions of continued compliance with these capital ratios on an individual and consolidated basis after the transfer of capital takes place;
(e) reports by the statutory authorities of persons involved in the transfer of assets, or any agreement to waive their processing;
(f) an expert report on the transfer of assets or, where appropriate, waivers;
(g) the expert's opinion on the terms of the transfer project, unless the expert report referred to in (f) is drawn up;
(h) the final accounts and the opening balance sheet of the acquiring bank and the auditor's report on its verification or interim accounts and the auditor's report on its verification;
(i) a list of the managers of the acquiring banks and an indication of their changes as a result of the transfer of assets;
(j) details of persons with close links where the transfer of assets gives rise to close links between those persons and data of persons in whom the acquiring bank takes a significant participation;
(k) identification details of persons who, as a result of the transfer of capital, acquire or increase a qualifying holding in or control the acquiring bank, including an indication of the amount of the share in the capital or voting rights or any other form of application of a significant influence on the management. ";
The following footnote 11 is added:
"(11) Paragraph 339 of the Act on Transformation of Commercial Companies and Cooperatives."
14. the following Sections 5a and 5b are inserted after Section 5:
Prior approval to acquire significant holdings
(K § 17c (3) of the Banking Act)
The details of the application for prior approval of the Czech National Bank for a significant participation by a bank, a financial holding company or a mixed financial holding company pursuant to Section 17b (1) of the Banking Act are:
(a) identification details of the applicant;
(b) identification of the person to whom a significant participation is to be acquired (hereinafter referred to as "the target company");
(c) identification details of the person whose participation in the applicant is transferred;
(d) the name of the public register in which the target company is registered, the relevant registration number or other identification mark and the current extract or certificate of registration;
(e) details of the applicant's existing, newly acquired and resulting participation in the target company, including:
1. whether the participation is acquired directly or indirectly; in the case of indirect acquisition, the indication of the person through whom it is acquired;
2. the quantity, type and nominal value of holdings which the applicant intends to acquire;
3. the final share of the applicant in the total capital and voting rights of the target company;
4. information on whether the applicant will take over the target company;
5. Information on whether it will have the right to appoint a member of the managing authority,
6. the amount and method of determining the purchase price, the date of payment of the purchase price of the acquired holding and, if available, an explanation of any difference over the market value;
7. the way in which the purchase price is recorded in the accounts;
8. a description of the valuation methods used and, where the target company is dominated, expert opinions on the valuation of significant holdings, if available,
(f) the decision of the applicant's competent decision-making body to acquire a significant interest and the minutes of that authority's deliberations;
(g) a description of the main terms of the proposed acquisition contract which may have an impact on the prudential situation of the proposed acquirer;
(h) a description of the impact of the acquisition of a significant participation in the performance of the applicant's activities, including impacts on its management and control system, liquidity and large exposures, including risk management and mechanisms to fulfil the obligations relating to measures aimed at preventing the legalisation of the proceeds of crime and terrorist financing;
(i) the financial statements of the target company as well as information on transfers of assets and liabilities for the last 3 financial years or on transfers to be made before the acquisition of a significant holding;
(j) the financial statements of the applicant and other supporting documents showing the financial health of the applicant, including a description of each item, as well as evidence of sufficient volume, transparency of origin and the safety of its financial resources used to acquire a significant holding, including a description of any use of foreign resources, group financing and arrangements for their repayment;
(k) the business plan of the applicant;
(l) the plan for organisational, technical, operational and personnel integration and the timetable for the implementation of the transformation and impact on contracts with other persons, if the target company is to be dominated or exceeded by the prudential impact of the materiality threshold;
(m) a statement by the applicant or other confirmation of the application or notification of the acquisition of a qualifying holding to the competent authority, the date on which the application or notification was submitted and the details of the ownership structure of the target company, if the target company is a financial institution subject to the assessment of the acquisition of the qualifying holding;
(n) a detailed graphic representation of the group, indicating the capital shares and voting rights of the members with controlling interests, where available, as well as the identification of financial institutions and information on the activities carried out by the companies in the group and their geographical scope, if the target company is part of the group;
(o) credit rating of the target company and, where applicable, the total credit rating of the group of which it is part, where available;
(p) a description of the activities carried out by the target company, indicating whether they are subject to regulation or supervision under financial market rules and whether the proposed acquisition is subject to the separate approval of the competent supervisory authority of the target company;
(q) a statement by the applicant or other confirmation that the proposed acquisition has been notified to the consolidating supervisor pursuant to Article 17h (1) of the Banking Act,
(r) confirmation of the submission of an application for a qualifying holding if the target company is a credit institution and is not the supervisory authority of the Czech National Bank;
(s) a description of the impact of the acquisition of a significant shareholding in the ownership and organisational structure of the applicant and the target company as well as the impact on the structure of the group to which the applicant or target company belongs;
(t) statements and related information or documents to demonstrate that the applicant has assessed whether the target company or members of its managing authority have been subject to administrative or criminal penalties in the last 10 years in relation to the legalisation of proceeds from crime, terrorist financing or other financial criminal activities on an individual, consolidated or sub-consolidated basis, where relevant;
(u) a declaration by the applicant or other confirmation that the target company or its managers and members are not subject to restrictive measures provided for by European Union law;
(v) a description of the conduct of the applicant in agreement with other persons, including agreements between the applicant and another member in relation to the target company and a description of the future distribution of the participation in the financing of the proposed acquisition.
Prior consent to merger or division
(K § 17n (3) of the Banking Act)
(1) Details of the details of the application pursuant to Article 17m (1) and (2) of the Banking Act concerning the prior approval of the Czech National Bank for the merger or division of the bank, the financial holding person or the mixed financial holding person approved under Article 27 (1) of the Banking Act are:
(a) an indication of the type of conversion according to whether it is a merger or a division of the bank;
(b) information on the intentions and reasons for the conversion referred to in (a);
(c) a list of persons participating in the conversion, including persons resulting from the transformation; the identity of each person, the evidence of credibility assessment and the indication of whether he is the successor, the deceased or the distributed person;
(d) the conversion project of the Bank under the Act governing the transformation of commercial companies and cooperatives (12), depending on the type of conversion chosen under (a), and at least
1. information on changes to the business plan of the successors and a description of how sufficient capital will be ensured;
2. the timetable for the implementation of the conversion and the plan for organisational, technical and operational integration or the allocation of persons involved in the conversion;
3. a description of the impact of the transformation on the performance of the activities of the successor persons, including impacts on their management and control system, liquidity and large exposures, including risk management and mechanisms to fulfil the obligations relating to measures aimed at preventing the legalisation of the proceeds of crime and terrorist financing;
(e) information on the expected effects of the conversion to the level of the capital of the participating banks on an individual and consolidated basis, expressed by the change in the capital ratios under the directly applicable European Union prudential regulation (1), and information providing for continued compliance with these capital ratios on an individual and consolidated basis after the conversion takes place;
(f) joint reports by the statutory authorities or reports by the statutory authorities of the participating banks on the conversion and, where appropriate, acceptance of waiving their processing;
(g) if there is no merger of the bank with its sole shareholder, an expert report or reports, including the expert's opinion on the elements of the conversion project, or if necessary the agreement to waive or process it;
(h) the expert's opinion on the elements of the conversion project, unless the expert report referred to in (g) is drawn up;
(i) the final accounts of the parties involved and the opening balance sheet of the acquiring or transferring bank and the auditor's report on their verification or interim accounts and the auditor's report on their verification;
(j) a list of the managers of the participating or successor bank and an indication of their changes as a result of the conversion and, for each of the heads of the acquiring bank, a CV containing information on education and professional experience;
(k) details of persons with close links, where, as a result of the transformation, close links are established between those persons;
(l) identification of persons who, as a result of the conversion, acquire or possess a qualifying holding in the acquiring bank and indicate the amount of the share of the capital or voting rights or other form of application of a significant influence on its management;
(m) the financial statements of the parties concerned and other evidence to demonstrate the financial health of the acquiring bank, including a description of the items, as well as evidence of sufficient volume, transparency of origin and the safety of their financial resources in relation to the activities which the acquiring bank intends to carry out after the merger or division, if they are not already included in the documents referred to in (i).
(2) In the event of the separation of the bank by segregation and only part of its assets is transferred to new or existing legal persons, the information referred to in paragraph 1 relating to the successor shall also be submitted as a divisive person in relation to the part of the bank which has not ceased to be split by segregation.
(3) In the event of a change of supervisory authority on an individual or consolidated basis or a deposit claim insurance scheme as a result of the conversion, the application shall also include:
(a) information on the competent supervisory authority; and
(b) a description of the deposit claims insurance scheme and a description of its changes to the original scheme. ';
The following footnote 12 is added:
"12) Sections 70 and 250 of the Act on the Transformation of Commercial Companies and Cooperatives."
17. In § 8 the reference reads:
"(K § 2cd (3) of the Act on savings and credit cooperatives) '.
18. in Paragraph 8 (c), the words ", evidence of credibility" shall be inserted after the words "data," and the comma shall be replaced by "or."
19. in Sections 8 (c) and 8 (h), the words "or receiving" shall be deleted;
20. in Articles 8 (d) (1) and 8 (d) (3), the words "or receiving" shall be deleted;
21. In Article 8 (d) (3), the words "including the effects on their management and control system, liquidity and large exposures, including risk management and mechanisms to fulfil the obligations relating to measures aimed at preventing the legalisation of proceeds from crime and terrorist financing," shall be added at the end of the text.
22. in Article 8 (g), the words "if required under another law" shall be replaced by the words "where appropriate, the consent to waive or process it."
23. in Article 8, the following point (h) is inserted after point (g):
"(h) the expert's opinion on the elements of the conversion project, unless the expert report referred to in (g) is drawn up, ';
Points (h) to (k) shall be renumbered as points (i) to (l).
24. in § 8 (i), the comma is replaced by "or."
25. in Paragraph 8 (j), the word "successor" shall be deleted;
26. in Paragraph 8 (j), the word "recipient" is replaced by the word "successor."
27. in § 8 (j), the words "including the indication of changes as a result of conversion, and, for each person in charge of the successor cooperative, a CV containing educational and professional experience data" shall be added at the end of the text.
28. in Article 8 (k), "a" is deleted;
29. in § 8 (l), the words "receiving or receiving a cooperative advance" shall be replaced by the words "her."
30. in § 8 (l), the end of the dot is replaced by a comma.
31. in Article 8, the following point (m) is added:
"(m) the financial statements of the parties concerned and other evidence to demonstrate the financial health of the acquiring cooperative reserve, including a description of the individual items, as well as evidence of the sufficient volume, transparency of origin and the safety of their financial resources in relation to the activities planned by the acquiring co-operative to carry out after the merger or division, unless already included in the documents referred to in (i).";
33. In § 12 the reference reads:
"(K § 4e (4) of the Banking Act) '.
34. In Article 12 (1), the words "under Article 4b of the Banking Act 'shall be inserted after the words" under Article 4b of the Banking Act'; the words "information on the branch 'shall be replaced by the words" further documents'; the words "paragraphs' shall be replaced by" paragraphs'; the words "3 'shall be replaced by" information on the branch referred to in paragraph 4';
35. in Article 12 (2) of the introductory part of the provision, the words "and other documents" shall be inserted after the word "applicant."
36. in Article 12 (2) (a), the words "the applicant's identification data" shall be inserted at the beginning;
37. in Article 12 (2) (b), the words "the applicant, the intermediary and the highest parent and the date and place of establishment" shall be inserted after the words "the seat."
38. in Article 12 (2) (c), the words "and the indication of the contact person in the competent authority responsible for supervising the applicant and, where appropriate, the intermediate and the highest parent undertaking, and its contact details, shall be added at the end of the text."
39. in Paragraph 12 (2), point (e) is deleted;
Points (f) to (j) shall be renumbered (e) to (i).
40. in Article 12 (2) (e), the words "and the evidence of credibility assessment" shall be replaced by the words "indicating whether it is an executive or non-executive function."
(41) In Article 12 (2) (g), the words "or, at the date of granting of the licence, the words" requirements comparable to those laid down by the banks "shall be replaced by the words" equipment of the branch "and the words" directly applicable regulation of the European Union governing prudential requirements (5) "shall be replaced by the words" Section 12ab of the Banking Act and the Account Agreement under Section 12ab (4) of the Banking Act. "
42. In Paragraph 12 (2) (i) (10), the end of the dot is replaced by a comma.
43.In Article 12 (2), the following points (j) to (m) are added:
"(j) a certificate issued by the applicant's supervisory authority and, where relevant, also its intermediate or top parent undertaking on compliance with the prudential requirements on an individual basis and, where relevant, also on a consolidated basis, and an assessment of the credibility of the applicant, of the intermediary or the highest parent undertaking, of its management members, controlling shareholders and actual owners; the confirmation in relation to them contains information on possible violations of prudential regulations, bankruptcy, economic crimes and sanctions in the area of legalisation of the proceeds of crime and terrorist financing in the last 10 years, and information on undestroyed convictions, ongoing proceedings and investigations in those areas,
(k) documents proving that the applicant complies with or will comply with the liquidity requirement of the branch under Section 12ac of the Banking Act and the account contract under Section 12ac (2) of the Banking Act, and
1. a forecast for determining the liquidity requirement in relation to the branch business plan;
2. liquidity financing and planning strategies;
3. a description of the proposed sources of financing of the branch;
4. confirmation that liquid assets intended to meet liquidity requirements are not encumbered and are not included in the fulfilment of the capital equipment requirement; and
5. a description of the liquidity management system demonstrating the liquidity management capability in the underlying and stress scenarios;
(l) a certificate issued by the competent authority of the applicant for information on the intention to establish a branch, including information and documents pursuant to Section 4e (3) of the Banking Act; and
(m) data on ongoing or planned significant operations within the group that may significantly affect the fulfilment of the prudential requirements and the organisational structure of the applicant. ";
44. in Article 12 (4) (a) of the Introductory Part of the provision, the words "persons proposed" shall be replaced by the words "at least two persons proposed," the words "management" shall be replaced by the words "management," the words "under Section 12ad (1) of the Banking Act," or "after," the words "each" shall be inserted.
45. in Paragraph 12 (4) (a) (3):
'3. the concise concept of the performance of the duties to be exercised by that person; ';
46. in Article 12 (4) (a) (4), the word "manager" shall be replaced by "this," the word "branch" shall be deleted and the words "as well as its sufficient time capacity to perform its duties shall be added at the end;"
47. in Article 12 (4) (a), the following point 5 is added:
"5. an overview of the currently performed functions in the elected bodies and other functions in other legal entities to which that person has been appointed or otherwise called, and, for each of those legal entities, the identification data, the subject matter of the activity, the description of the duties performed and the period of its exercise in that legal person, ';
48. in Article 12 (4) (d), the words "to fulfil the obligations relating to measures aimed at preventing the legalisation of the proceeds of crime" shall be deleted and the words "financing of terrorism" shall be replaced by the words "means of communication under Article 12ae (1) of the Banking Act."
49. in Article 12 (4) (e), the words "the concept and principles of the development of a branch relating to its" shall be replaced by the words "the description of measures against the legalisation of criminal proceeds," the words "in particular in relation to the proposed branch business plan" shall be deleted and the words "its medium-term objectives" shall be replaced by the words "the financing of terrorism, including the identification data of the delegate in this field, the risk assessment and mitigation measures in this area, and the corresponding internal systems and controls."
50. In Article 12 (4) (g), the word "proposal" shall be replaced by the word "description," the words "information system providing the acquisition, processing, transfer, sharing and storage of information by the aid" shall be replaced by "systems in the field," the word "technology" and "accounting" shall be deleted, the words "keeping accounts and business documents under Section 12ag of the Bank Act, including the principles and procedures for recording off-balance-sheet items," shall be inserted after the word "system," and the dot shall be replaced by a comma comma.
footnote 10 is deleted.
51. in Article 12 (4), the following points (h) to (j) are inserted after point (g):
"(h) a description of the measures to maintain operations aimed at ensuring the smooth performance of the activities and the continued functioning of the branch, including the identification of critical operations, ICT strategies and risk management frameworks under Regulation (EU) 2022 / 2554 of the European Parliament and of the Council, and information on how the branch is included in the recovery plan of the applicant;
(i) a description of how the Czech National Bank has access to the information needed to supervise the branch;
(j) a description of the essential or important activities referred to in Section 12ae (4) (a) of the Banking Act and an assessment of whether the provision of their performance corresponds to the intra-group agreements where the principal is carrying out such activities for a branch. ';
52. Article 13 shall be deleted;
53. In Article 15, the following paragraph 5 is added:
"(5) The applicant shall communicate to the Czech National Bank the name and contact details of the contact person for the procedure before the Czech National Bank."
Efficacy
This Decree shall take effect on 11 January 2026, except:
(a) the provisions of Article I (7), Article I (15), Article I (16) and Article I (32) which take effect on the date of entry into force of the directly applicable European Union provisions issued pursuant to Article 27b (7) of Directive 2013 / 36 / EU of the European Parliament and of the Council amending the list of minimum information, methodology and assessment procedure relating to the acquisition of significant shares, transfers of significant assets and liabilities, mergers and divisions.
Governor:
Michl, Ph.D., v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 1 / 2026 Coll., amending Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Act on Savings and Credit Cooperatives, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.01.2026 |
|---|---|
| Effective from | 11.01.2026 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0