Act No. 135 / 2014 Coll.
Law amending certain laws relating to the provision of access to and supervision of banks, savings and credit cooperatives and securities dealers
Valid
Effective from 22.07.2014
Contents
ČÁST PRVNÍ
Čl. I
㤠3a
㤠5g
㤠5ka
㤠8c
§ 8d
㤠10a
㤠11b
㤠11c
㤠12b
㤠12m
§ 12n
§ 12o
§ 12p
§ 12q
§ 12r
§ 12s
§ 12t
§ 12u
§ 12v
§ 12w
§ 12x
㤠13
㤠15
㤠20d
㤠25c
§ 25d
§ 25e
§ 25f
㤠26
㤠26a
㤠26aa
§ 26ab
㤠26m
„ČÁST DVANÁCTÁ
§ 36a
§ 36b
§ 36c
§ 36d
§ 36e
§ 36f
§ 36g
§ 36h
§ 36i
§ 36j
㤠38da
㤠38ha
㤠38k
§ 38l
㤠44
§ 44a
§ 44b
§ 44c
Čl. II
ČÁST DRUHÁ
Čl. III
㤠44aa
ČÁST TŘETÍ
Čl. IV
㤠16a
㤠16aa
ČÁST ČTVRTÁ
Čl. V
㤠1b
㤠7aa
§ 7ab
§ 7ac
§ 7ad
㤠7b
㤠8aj
§ 8ak
§ 8al
§ 8am
§ 8an
§ 8ao
§ 8ap
§ 8aq
§ 8ar
§ 8as
§ 8at
§ 8au
㤠9a
㤠21a
§ 21b
§ 21c
§ 21d
㤠22aa
㤠22c
㤠26
㤠27d
§ 27e
§ 27ea
㤠28
§ 28a
㤠28aa
§ 28ab
㤠28b
㤠28j
§ 28k
㤠32a
§ 32b
§ 32c
§ 32d
Čl. VI
ČÁST PÁTÁ
Čl. VII
㤠2e
㤠9aj
§ 9ak
§ 9al
§ 9am
§ 9an
§ 9ao
§ 9ap
§ 9aq
§ 9ar
§ 9as
§ 9at
§ 9au
㤠12g
§ 12h
§ 12i
§ 12j
㤠16a
㤠16d
§ 16e
㤠27
㤠135b
§ 135c
§ 135d
§ 135e
㤠136a
㤠155b
§ 155c
㤠204a
§ 204b
§ 204c
Čl. VIII
ČÁST ŠESTÁ
Čl. IX
ČÁST SEDMÁ
Čl. X
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135
THE LAW
of 18 June 2014
amending certain laws relating to the establishment and supervision of banks, savings and credit cooperatives and securities dealers
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 21 / 1992 Coll., as amended by Act No. 264 / 1992 Coll., Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 2011, Act No. 2011, No. 100, No. 2011, No. 2011, No. 100, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No.
1. In Paragraph 1 (1) of the Introductory Part of the provision, "the words" shall be inserted after the word "unie1) and shall be followed by the directly applicable European Union27 '.
Footnote 27 reads:
"(27) Regulation (EU) No 575 / 2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648 / 2012. ';
2. In footnote 1, the third and fourth sentences are deleted and, at the end of footnote 1, the sentence "Directive 2013 / 36 / EU of the European Parliament and of the Council of 26 June 2013 on the taking up and prudential supervision of credit institutions and investment firms, amending Directive 2002 / 87 / EC and repealing Directives 2006 / 48 / EC and 2006 / 49 / EC are added to the separate line without quotation marks. '
3. In the first sentence of Article 1 (4), the words "savings and credit cooperatives, securities dealers, insurance undertakings, reinsurance undertakings' shall be inserted after the words" banks'.
4. The following Section 3a is inserted after Section 3:
The Czech National Bank shall act as a competent authority and shall be a designated authority in accordance with the directly applicable European Union regulation governing prudential requirements. 27). "
5. In Article 4 (5) (d), the number "3 'is replaced by" 4' and the words "or, if there is no such person, the 20 largest shareholders of the Bank, according to their share of the voting rights' are inserted after the word" bank '.
6. in Paragraph 4 (5) (e):
"(e) the credibility, competence and experience of the members of the statutory body, the members of the board of directors and the members of the supervisory board of the bank and the fulfilment of other requirements for the authorities of the bank and their members pursuant to Section 8;"
7. in Article 4 (5) (i) and (j), "(g)" shall be replaced by "(h)";
8. in Paragraph 4 (5) (k), the word "future" shall be deleted;
9. in Article 4 (5) (l):
"(l) the bank shall have at least three employees or natural persons who carry out their activities under the order of another (hereinafter referred to as" the worker ") who hold an executive management function and are members of its statutory authority or board of directors.";
10.Paragraph 4 (6) reads as follows:
"(6) For the purposes of this Act, close links shall be understood as referred to in Article 4 (1) (38) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council. ';
11. in the first sentence of Article 4 (7), the words "the head of the staff of the bank" shall be replaced by the words "a member of the statutory body, a member of the board of directors or a member of the supervisory board of the bank," and in the second sentence, the words "the manager of the bank" shall be replaced by the words "a member of the statutory body, a member of the board of directors or a member of the supervisory board of the bank."
12. in Article 4, paragraph 8 is deleted;
Paragraph 9 shall become paragraph 8.
13. in Article 5a (4), "Article 11 (1) to (3) and (5)" is replaced by "Article 11 (1), (2) and (5)" and "Article 14, second sentence" is deleted.
14. in Article 5a (4), "Article 24 (1) and (2)" is replaced by "Article 24 (2), third sentence";
15. in Paragraph 5a (6), the sentences of the second, third and fourth shall be deleted;
16. In Paragraph 5a, the following paragraph 7 is inserted after paragraph 6:
"(7) The procedure laid down in Article 26 may only be applied to a branch of a bank from a Member State:
(a) in the event of infringement of § 11 (1), (2) and (5),
(b) in the event of a breach of § 20c on the correct settlement of banks;
(c) in the event of a breach of the law governing payment transactions in respect of the operation of the payment system operated by the Czech National Bank, where the branch is a participant in that system (§ 20b),
(d) in the case of breach of § 38a and the obligation to provide data pursuant to § 38 (2) to (6);
(e) where it is necessary to ensure the protection of financial stability and the common interests of clients or investors of a foreign bank and the matter must be addressed without delay (§ 5k (3)); or
(f) after informing the supervisory authority of the country of residence of the foreign bank and of the European Banking Authority, where this is necessary to ensure the protection of financial stability and the common interests of clients or investors of the foreign bank because of a risk to its liquidity (Section 5ka (1)). "
Paragraph 7 shall become paragraph 8.
17. In Article 5a, the following paragraph 9 is added:
"(9) The Czech National Bank may carry out on-the-spot checks and require information on the activities carried out by a branch of a bank from a Member State on the territory of the Czech Republic, if it considers this important in terms of financial stability in the Czech Republic. The Czech National Bank shall inform the supervisory authority of the State concerned of the purpose of the check before the start of the on-the-spot check and shall provide it with any information relevant to the assessment of the bank's risk or financial stability in the Czech Republic. '
18. In Article 5c (3), the words "under paragraph 1 'shall be inserted after the words" cannot be used by the Bank'.
19. in § 5d and 5m, the words "pursuant to § 5c (1)" shall be inserted after the words "Banks."
20. In Article 5e, the following paragraph 4 is added:
"(4) A person controlled by an authorised financial institution with its registered office in another Member State may, through his branch, engage in activities to the same extent as the authorised financial institution."
21. in § 5f, the words "pursuant to § 5c (1)" shall be inserted after the word "Bank."
22. § 5g reads:
(1) The supervisory authority of the home State, where it has no doubts as to the organisational structure and financial position of the bank pursuant to Article 5c (1) or the authorised financial institution in relation to the envisaged activities, shall, within 3 months of the date of receipt of the information referred to in Article 5f, transmit such information, together with information on the amount and composition of the capital of the bank or the authorised financial institution, with information on its capital ratios as referred to in Article 92 of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council, details on deposit guarantees and confirmation pursuant to Article 5e (2), the supervisory authority of the host State, including the bank or the authorised financial institution.
(2) Where there are doubts as referred to in paragraph 1, the supervisory authority of the home State shall inform the bank referred to in Article 5c (1) or the authorised financial institution that its notification has not been transmitted to the supervisory authority of the host State and shall justify its action. In such a case and where, within the time limit referred to in paragraph 1, a bank pursuant to Paragraph 5c (1) or an authorised financial institution is not informed by the supervisory authority of the home State, the bank pursuant to Paragraph 5c (1) or the authorised financial institution may seek redress in court. ';
23. in § 5h (1), the words "pursuant to § 5c (1)" shall be inserted after the word "the beneficiary"; and the words "the beneficiary" shall be inserted after the word "the beneficiary."
24. in § 5h (2) and (3), § 5i and in § 5k (1), the words "under § 5c (1)" shall be inserted after the word "bank."
25. in Article 5j (1), the words "from a Member State" shall be inserted after the words "bank."
26. In Article 5j (1), the sentences of the second to fourth subparagraphs are replaced by the following: "The supervisory authority of the host State may require a branch of a bank from a Member State or an authorised financial institution for statistical and information purposes and for the purposes of exercising supervision under this Act to report regularly on its business activities in the territory of the host State and to request the information necessary for the decision on the designation of a branch as significant under § 5n. '
27. Paragraph 5j (2) is deleted and paragraph 1 is deleted.
28. in Paragraph 5k (1), the words "competent authority" are replaced by the words "supervisory authority";
29. in Article 5k (1), the words "on the basis of information from the home State supervisory authority pursuant to Article 38h" shall be inserted after the word "State."
30. In Article 5k (1), the words "infringes the provisions of law in areas falling within the jurisdiction of the host State, request the bank or the authorised financial institution to terminate such an infringement 'shall be replaced by the words" infringes that law or directly applicable European Union law governing prudential requirements or where there are reasonable grounds for suspecting that it will infringe that law or the directly applicable European Union law governing prudential requirements';
31. In Article 5k, at the end of paragraph 1, the sentence "The supervisory authority of the home State shall, without undue delay, take appropriate measures to remedy or avert the risk of such a breach in accordance with Article 26 and inform the supervisory authority of the host State without delay of the measures taken. '
32. Paragraph 5k (2) to (4), including footnote 28, states:
"(2) If the supervisory authority of the home State has not taken the measures referred to in paragraph 1, the supervisory authority of the host State may draw the attention of the European Supervisory Authority (European Banking Authority) 19) (hereinafter" the European Banking Authority ') to this fact and request a settlement of the dispute under the directly applicable European Union Financial Supervision Regulation in the banking sector (28).
(3) If the case cannot be upheld, the supervisory authority of the host State may take appropriate measures pursuant to Article 26 or Article 26bb to ensure the protection of financial stability and the common interests of clients or investors of a foreign bank in the host Member State. It shall inform the home State supervisory authority, the European Commission, the European Banking Authority and the national supervisory authorities concerned of the adoption of such measures. If the supervisory authority of the home or other State concerned does not agree with the measures taken by the supervisory authority of the host State, it may request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision in the banking sector (28).
(4) The measure referred to in paragraph 3 shall be proportionate to the protection of financial stability and the common interests of clients or investors of a foreign bank in the host Member State and shall not give priority to clients or investors of a foreign bank in the host Member State compared to clients or investors of a foreign bank in other Member States. The supervisory authority of the host State may take the measures referred to in paragraph 3 only until measures are taken to deal with the bankruptcy of a foreign bank under the law of the insolvency of the home Member State. By adopting these measures, the measures referred to in paragraph 3 shall cease to be effective.
28) Article 19 of Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council. '
33. In Paragraph 5k, the following paragraph 5 is inserted after paragraph 4:
"(5) The supervisory authority of the host State shall abolish the measures referred to in paragraph 3 if, at its discretion, such measures are no longer necessary in view of the measures taken by the supervisory authority of the home State pursuant to paragraph 1. ';
Paragraph 5 shall become paragraph 6.
34. in § 5k (6) and in § 5l (1), the words "under § 5c (1)" shall be inserted after the word "bank."
35. in Article 5k (6), the word "authorised" shall be inserted after the word "or" authorised. "
36. the following Section 5 is inserted after § 5k:
(1) The supervisory authority of the host State may, after prior notification to the supervisory authority of the home State and the European Banking Authority, take measures to ensure the protection of the common interests of clients or investors of a foreign bank or financial stability in the host Member State, provided that the liquidity of a foreign bank whose branch operates in the host State is at risk and that the supervisory authority of the home State has not taken the necessary measures.
(2) The supervisory authority of the home State may contact the European Banking Authority if it does not agree with the measures taken by the supervisory authority of the host State in whose territory the foreign bank operates through a branch and ask it to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision in the banking sector (28). "
37. in § 5l (1), the words "under § 5c (1)" shall be inserted after the word "bank."
38. In the second sentence of Paragraph 5n (2), the word "l)" shall be replaced by "m)," the word "n)" shall be replaced by the word "o)" and the words "o)" shall be added at the end of the text of the second sentence "; for the purposes of this Act, the consolidating supervisor shall mean the consolidating supervisor as referred to in Article 4 (1) (41) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council."
39. In the second sentence of Article 5n (4), the words "within the last 7 days before the expiry of that deadline, the Czech National Bank may request the European Banking Authority to settle a dispute in accordance with the directly applicable regulation of the European Union governing the supervision of the financial market in the banking sector (20) 'shall be replaced by the words" the Czech National Bank shall decide to designate a branch of a bank from a Member State as significant within 4 months of the date on which it informed the supervisory authority referred to in paragraph 2, or within the same period, to notify that authority that it is withdrawing from that intention'.
footnote 20 is deleted.
40. In Paragraph 5n, at the end of paragraph 4, the sentence "Taking account of the opinion of that authority 'is added.
41. in Article 5n, paragraphs 5 and 6 are deleted;
Paragraph 7 shall become paragraph 5.
42. In Article 5n, the following paragraph 6 is added:
"(6) The Czech National Bank may contact the European Banking Authority and ask it to settle the dispute under the directly applicable regulation of the European Union governing financial market supervision in the banking sector (28) if:
(a) the supervisory authority of the home country does not consult the Czech National Bank on a plan to restore the liquidity of a bank with its head office in a Member State operating in the Czech Republic through a significant branch; or
(b) The Czech National Bank does not agree with the submitted liquidity recovery plan. "
43.In Paragraph 5 (2):
"(2) Where a bank operates on the territory of another Member State through a significant branch, the Czech National Bank shall communicate to the supervisory authorities of that Member State the data referred to in § 38ha (2) (c) and (d), the results of the review and evaluation process referred to in § 25c, provide them with the risk assessment reports of the group pursuant to § 26k (2) and, in cooperation with the supervisory authorities of that Member State, perform the tasks referred to in § 26i (1) (c). In addition, the Czech National Bank shall communicate to the supervisory authorities of that Member State the decision on the remedy which it shall impose on the Bank if the decision is relevant to that branch. ';
44. in Paragraph 5o (4), "8" is replaced by "7."
45. In Article 5o, the following paragraph 6 is added:
"(6) Where a bank operates in the territory of another Member State through a significant branch, the Czech National Bank shall consult the supervisory authority of that Member State on a liquidity recovery plan, provided that there is a liquidity risk that could have a significant impact on the currency of the host State. ';
46. in Article 8 (1), the words "or the Management Board" shall be deleted and at the end of the paragraph the sentence "The Board of Directors of the Bank must have at least five members, with the statutory director as a member."
47.Paragraph 8 (2) reads as follows:
"(2) The Statutory Director of the Bank may not be Chairman of its Management Board at the same time; The Czech National Bank may, on the basis of a reasoned proposal from the Bank, authorise the simultaneous exercise of both functions, assessing the impact of the co-operation of the functions on the regularity and prudence of the performance of the Bank's activities in view of their nature, scale and complexity and taking into account individual circumstances, in particular:
(a) the adequacy of the time capacity to fulfil the obligations laid down; and
(b) the creation of a potential conflict of interest. ";
48. In Article 8, the following paragraphs 3 to 7 are inserted after paragraph 2:
"(3) The Bank shall ensure that:
(a) a member of its statutory body, a member of its board of directors and a member of its supervisory board has been a person of credibility, competence and expertise;
(b) sufficient staff and financial resources have been allocated for the ongoing training of members of the statutory body, members of the Management Board and members of the Supervisory Board; and
(c) a policy to promote diversity in the selection of members of the statutory body, members of the Management Board and members of the Supervisory Board has been implemented.
(4) Member of the statutory body, member of the Board of Directors and member of the Supervisory Board of the Bank throughout his term of office
(a) perform its duties properly, honestly and independently and devote sufficient time capacity to the performance of that function;
(b) it may at the same time perform functions in the authorities of other legal entities only if this does not affect the adequacy of the time capacity for the performance of its duties in the bank's authority, given the nature, scale and complexity of its activities and taking into account individual circumstances;
(c) in a bank which is significant due to its size, internal organisation, the nature, scale and complexity of its activities, it may not at the same time perform functions in the authorities of other legal entities of a greater extent than:
1. the performance of one executive member with two non-executive member functions; or
2. performance of four functions of a non-executive member.
(5) The Czech National Bank may, on the basis of a reasoned proposal from the Bank, authorise a member of the statutory body, a member of the Board of Directors or a member of the Supervisory Board of the Bank, which is significant in view of its size, internal organisation, nature, scale and complexity of its activities, to hold one additional function as a non-executive member in the authority of another legal entity, unless this affects the proper performance of its duties in the Bank.
(6) For the purposes of paragraph 4 (c), the functions of a member in a legal person which does not serve primarily gainful purposes shall not be taken into account and shall be considered as performing one of the functions of executive and non-executive members within the framework of:
(a) the same group of controlling banks;
(b) the same institutional protection system referred to in Article 113 (7) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;
(c) a commercial corporation in which the bank has a qualifying holding.
(7) For the purposes of this Act, an executive member shall mean a member of an institution which holds an executive management function in the bank. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 8 to 10.
49.Paragraph 8 (9) reads as follows:
"(9) Only a natural person may be a member of the statutory body, a member of the Management Board and a member of the Supervisory Board of the Bank. '
50. in Paragraph 8 (10), "Paragraph 2 shall apply" shall be replaced by "Paragraphs 4 to 7 shall apply" and "staff member" shall be replaced by "worker."
51. Paragraph 8a (1) reads as follows:
"(1) The members of the statutory body of the Bank or members of the Board of Directors of the Bank who have infringed their obligations under this Act or special legislation or statutes shall be jointly and severally liable for any damage caused to the creditors of the Bank by the failure of the Bank to fulfil its obligations due. '
52.In Paragraph 8b (1) (b) (3), "a" is replaced by a comma.
53. In Paragraph 8b, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) ensuring the credibility, competence and experience of members of the statutory body, members of the Management Board and members of the Supervisory Board; and
(e) ensuring the competence and experience of the statutory body, the Management Board and the Supervisory Board as a whole, ensuring an understanding of the activities of the Bank, including a sufficient understanding of the main risks. ';
54. In Article 8b (2), the words "effective," and the words "risks associated with the business model" shall be inserted after the words "effective," and the words "complexity" shall be inserted after the words "risk associated with the business model and."
55. In Paragraph 8b, the following paragraph 3 is inserted after paragraph 2:
"(3) The Bank shall verify and regularly assess the effectiveness, consistency and adequacy of the management and control system in its entirety and in parts and shall treat, without undue delay, an adequate remedy."
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
56. In Article 8b (4), at the end of the first sentence, the words "unless the Czech National Bank has been granted a derogation under Article 7 of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council 'shall be added.
57. in Paragraph 8b (4) (a), the word "k)" is replaced by "l."
58. in Article 8b (4) (b), the words "or responsible" shall be replaced by the words "responsible," after the words "persons," the words "or by a bank controlled by a mixed financial holding company," the words "k) and (o)" shall be replaced by the words "l), (r) and (t)," and the words "bank," shall be inserted after the words "foreign securities dealer, who is not a bank,";
(59) In Article 8b (4) (c), "o)" is replaced by "r)" and "or" is deleted. "
60.In Paragraph 8b (4) (d), "p)" is replaced by "s)."
61. In Paragraph 8b, at the end of paragraph 4, the dot is replaced by "or 'and the following point (e) is added:
"(e) by the responsible bank controlled by a mixed financial holding person [Paragraph 26d (1) (t)]."
62. In Paragraph 8b, the following paragraph 5 is inserted after paragraph 4:
"(5) A bank which is obliged to establish and maintain a management and control system on a consolidated basis shall ensure that a controlled person who is not subject to the supervision of the Czech National Bank implements the management principles and procedures, organisational arrangements and other procedures and mechanisms referred to in paragraph 1. The Czech National Bank may grant an exemption from this obligation if the Bank demonstrates that the introduction of such principles, procedures, arrangements and mechanisms is not in accordance with the legal order of the country of residence of the controlled person. '
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
63. In Article 8b, at the end of paragraph 7, the words "including the scope, powers, composition and functioning of the Bank's institutions and committees, as well as the requirements for their members, unless this is covered by a directly applicable European Union prudential regulation, regulation or decision '.
64. the following Sections 8c and 8d are inserted after Section 8b:
(1) The Bank, which is significant due to its size, internal organisation, nature, scale and complexity of its activities, shall establish:
(a) the risk committee;
(b) the nomination committee;
(c) the remuneration committee.
(2) The risk committee, the nomination committee and the remuneration committee are composed of non-executive members of the Bank's institutions.
(3) By decree, the Czech National Bank shall establish the criteria for assessing the significance of the Bank in accordance with paragraph 1.
Czech National Bank
(a) use information relating to remuneration policies in accordance with Article 450 of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council to compare trends and remuneration procedures;
(b) monitor whether the Bank, taking into account the nature, scale and complexity of its activities, relies solely on external credit assessments in assessing the credit creditworthiness of the entity or financial instrument which, for the purposes of this Act, means the financial instrument referred to in Article 4 (1) (50) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;
(c) monitor the extent of risk-weighted exposure amounts or capital requirements of the bank, with the exception of own funds requirements for operational risk, for exposures or transactions in the comparative portfolio resulting from the internal approaches of the bank; the operational risk for the purposes of this Act is the operational risk referred to in Article 4 (1) (52) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;
(d) assess at least once a year the quality of the Bank's internal approaches;
(e) take corrective action where the internal approach leads to a underestimation of the bank's capital requirements which is not the result of existing differences in positions or exposures; the correction measures maintain the internal approach objectives;
(f) monitor developments in relation to liquidity risk profiles;
(g) take action where the developments referred to in point (f) may lead to a bank's instability or systemic instability;
(h) use information relating to diversity policy in accordance with Article 435 of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council to compare policies promoting the diversity of selection of members of the statutory body, members of the Management Board and members of the Supervisory Board of the Bank. ';
65.In Paragraph 9 (1) (b), the words "heads of staff" are replaced by the words "members of the statutory body, members of the board of directors and members of the supervisory board of the bank."
66.In Paragraph 9 (1) (c), the word "staff" is replaced by the word "staff."
67. In Paragraph 9, the following paragraph 2 is inserted after paragraph 1:
"(2) The Bank may also regulate the powers of the General Assembly in the Statutes
(a) establish in the performance contract a level of remuneration ratio of more than 100% between the fixed and variable components, the total level of the variable component must not exceed 200% of the fixed component of its total remuneration for any individual; or
(b) instruct the Supervisory Board or the Management Board, where it approves a contract for the performance of its duties, to establish a level of remuneration ratio of more than 100% between the fixed and variable components, whereby the total level of the variable component may not exceed 200% of the fixed component of its total remuneration for any individual. ";
Paragraph 2 shall become paragraph 3.
68. In Paragraph 10 (1), the words "Banks are required 'are replaced by the words" The Bank is obliged'.
69. In Article 10 (2), the word "bank 'is replaced by" bank' and the words "obliged 'are replaced by the words" is obliged'.
70. The following Section 10a is inserted after Section 10:
(1) The Bank shall establish procedures for its staff to report in-house infringements or imminent infringements of this law, legislation implementing it or directly applicable European Union law governing prudential requirements through a special, independent and separate communication channel.
(2) The Czech National Bank shall establish an effective mechanism to report or threaten to violate the law, the legislation implementing it or the directly applicable European Union law governing prudential requirements and inform thereof in a manner that allows remote access; This mechanism shall include at least:
(a) procedures for the reporting and evaluation by the Czech National Bank of infringements or imminent infringements;
(b) the protection of a person who reports an infringement or a threat of infringement; in the case of a bank worker, the Czech National Bank and the Bank shall ensure protection at least against discrimination or other types of unfair treatment;
Contents
ČÁST PRVNÍ
Čl. I
㤠3a
㤠5g
㤠5ka
㤠8c
§ 8d
㤠10a
㤠11b
㤠11c
㤠12b
㤠12m
§ 12n
§ 12o
§ 12p
§ 12q
§ 12r
§ 12s
§ 12t
§ 12u
§ 12v
§ 12w
§ 12x
㤠13
㤠15
㤠20d
㤠25c
§ 25d
§ 25e
§ 25f
㤠26
㤠26a
㤠26aa
§ 26ab
㤠26m
„ČÁST DVANÁCTÁ
§ 36a
§ 36b
§ 36c
§ 36d
§ 36e
§ 36f
§ 36g
§ 36h
§ 36i
§ 36j
㤠38da
㤠38ha
㤠38k
§ 38l
㤠44
§ 44a
§ 44b
§ 44c
Čl. II
ČÁST DRUHÁ
Čl. III
㤠44aa
ČÁST TŘETÍ
Čl. IV
㤠16a
㤠16aa
ČÁST ČTVRTÁ
Čl. V
㤠1b
㤠7aa
§ 7ab
§ 7ac
§ 7ad
㤠7b
㤠8aj
§ 8ak
§ 8al
§ 8am
§ 8an
§ 8ao
§ 8ap
§ 8aq
§ 8ar
§ 8as
§ 8at
§ 8au
㤠9a
㤠21a
§ 21b
§ 21c
§ 21d
㤠22aa
㤠22c
㤠26
㤠27d
§ 27e
§ 27ea
㤠28
§ 28a
㤠28aa
§ 28ab
㤠28b
㤠28j
§ 28k
㤠32a
§ 32b
§ 32c
§ 32d
Čl. VI
ČÁST PÁTÁ
Čl. VII
㤠2e
㤠9aj
§ 9ak
§ 9al
§ 9am
§ 9an
§ 9ao
§ 9ap
§ 9aq
§ 9ar
§ 9as
§ 9at
§ 9au
㤠12g
§ 12h
§ 12i
§ 12j
㤠16a
㤠16d
§ 16e
㤠27
㤠135b
§ 135c
§ 135d
§ 135e
㤠136a
㤠155b
§ 155c
㤠204a
§ 204b
§ 204c
Čl. VIII
ČÁST ŠESTÁ
Čl. IX
ČÁST SEDMÁ
Čl. X
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Regulation Information
| Citation | Act No. 135 / 2014 Coll., amending certain laws relating to the provision of access to and supervision of banks, savings and credit cooperatives and securities dealers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2014 |
|---|---|
| Effective from | 22.07.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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