Decree No. 139 / 2007 Coll.
Order adjusting documents proving the credibility and experience of persons in charge of a financial holding person
Valid
Order
Effective from 01.07.2007
Text versions:
01.07.2007
19.06.2007
139
DECLARATION
of 31 May 2007
adjusting documents proving the credibility and experience of persons in charge of a financial holding person
Pursuant to Article 26g (5) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 377 / 2005 Coll., (hereinafter referred to as "the Bank Act ') and Article 25f (8) of Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of the Czech National Council Act No. 586 / 1992 Coll., on Income Taxes, as amended, as amended, as amended by Act No. 120 / 2007 Coll. (hereinafter referred to as" the Cooperative Reserve Act'):
Subject matter
This decree sets out the documents, facts and documents proving the credibility and experience of persons in charge of the financial holding company (Section 26g (4) of the Banking Act and Section 25f (7) of the Cooperative Reserve Act).
Evidence of credibility and experience
(1) The financial holding person shall submit the supporting documents in the form of paper documents and documents referred to in paragraphs 2 and 3 to the Czech National Bank to demonstrate the credibility and experience of the person in charge.
(2) The documents and documents referred to in paragraph 1 are:
(a) an extract from the Register of Penalties not earlier than 1 month of the person in charge of the financial holding person (hereinafter referred to as "the proposed person"). The proposed person who is a national citizen of the Czech Republic, if he has been continuously present for more than 6 months in another State for the last 3 years, shall also submit a similar extract from the Register of Penalties not earlier than 3 months. The proposed person who is a foreign natural person (1) shall also submit a similar document, not more than 3 months old, issued by the State of which he is a citizen, as well as by the States in which he has remained continuously over the last 3 years for more than 6 months. Should the acquisition of such a document be linked to demonstrable disproportionate time entitlements or financial costs, the proposed person may submit a declaration to replace that document,
(b) a professional resume of the proposed person, indicating all employment, business activities, other self-employed activities, membership of professional associations and membership of bodies of other legal entities, including membership already completed; where the proposed person has held a leading position, indicate in all cases the scope of the powers and responsibilities conferred on him and the number of persons managed by him;
(c) documents or certified copies thereof of the training of the proposed person,
(d) a brief conception of the performance of the duties to be performed by the proposed person;
(e) the questionnaire completed by the proposed person, as annexed to this order,
(f) a statement by the proposed person that all the particulars and documents presented to him and the documents referred to in points (a) to (e) are up to date, complete and true.
(3) In addition to the documents and documents referred to in paragraph 2, the financial holding person may submit additional documents to demonstrate the professional competence and credibility of the proposed person, such as references or working assessment2).
(4) The financial holding person shall also submit to the Czech National Bank a description of the work capacity to which the proposed person is to be elected or appointed, including its intended competence and competence. This document may be replaced by an internal regulation of the financial holding person, which regulates the content of the function to be performed by the proposed person, including the competence and competence arising from that function.
(5) Where the proposed entity is not a statutory body or a member of a statutory body of a financial holding person or the proposed entity has not been delegated to the statutory authority of a financial holding person, the financial holding person shall indicate on the basis of which fact the proposed entity manages the financial holding person.
Common provisions
(1) The authentic instrument issued by an authority of another State must be accompanied by a higher verification of the documents (superlegalized) or by an apportionment in accordance with the relevant international contract (3), unless otherwise declared by the international treaty, which the Czech Republic is bound by.
(2) Documents and documents shall not be submitted to the application, where the nature of the case so requires.
(3) The evidence of the educational attainment referred to in Article 2 (2) (c) may be replaced by evidence of recognition of the professional qualifications of the proposed person issued under the Law on the Recognition of Professional Qualification4).
(4) An extract from the record of the Register of Penalties need not be documented if the special law provides for the possibility of issuing it to the administrative authority for administrative proceedings in which the integrity or credibility of the person must be demonstrated.
Repeal
Decree No. 14 / 2006 Coll., adjusting documents proving the credibility and experience of persons in charge of a financial holding person, is hereby repealed.
Efficacy
This decree shall take effect on 1 July 2007.
Governor:
Doc. Ing. Tůma, CSc.
Annex to Decree No 139 / 2007 Coll.
Questionnaire for the proposed person
1. Are you, at the date of submission of the document, a statutory body or a member thereof or a member of the supervisory body of a legal entity? In the event of a positive reply, state the business name or name of the legal entity and the function performed, including the date from which you perform this function and a statement as to whether or not you will continue to perform this function.
2. Has bankruptcy or settlement been declared in the past on your property or on the property of the legal person controlled by you, or has an application for bankruptcy been rejected for lack of property? Have you been engaged as a statutory body or as a member of a statutory, management or supervisory body of a legal person for up to three years prior to the declaration of bankruptcy in respect of that legal person's assets or by the authorisation of compensation? If yes, state the name of the legal person.
3. Have you been engaged as a statutory body or as a member of a statutory, management or supervisory body of a legal person during the three years preceding the introduction of the compulsory administration of that legal person? If yes, state the name of the legal person.
4. Have you been suspended or withdrawn from a business or other activity or refused to consent to your choice, appointment or provision if such choice, appointment or provision required such approval? If yes, briefly state the circumstances.
5. Has your permit, licence or other authorisation for business activities expired for any other reason than by withdrawal? If yes, briefly state the circumstances.
6. Have you been excluded from a professional association, chamber or association in the last 5 years, including abroad? Were you rejected at the same time? Have you been sentenced to disciplinary action within such a community in the last five years? If yes, briefly state the circumstances.
7. Have you been engaged as a statutory body, a member of a statutory, management or supervisory body of a legal person who has been excluded from a professional association, chamber or association, including abroad? Has the legal person been refused an application for admission to such a community or has been subjected to disciplinary action within such a community? If yes, briefly state the circumstances.
8. In the last 10 years, in connection with financial market activity, have you been legally sanctioned for an offence or other administrative offence? In the context of financial market activity, have you been required to make good damage to a serious or repeated breach of legal obligation, to misuse confidential information or to commit a similar administrative offence? If yes, briefly state the circumstances.
9. Were you a statutory body or a member of a statutory or supervisory body of a legal person at the time when the legal person was finally penalised for an administrative offence or an obligation to make good damage to a serious or repeated infringement of a legal obligation or to commit a similar administrative offence relating to the financial market? If yes, briefly state the circumstances.
| Místo a datum: | Podpis: |
1) Paragraph 21 (2) of Act No. 513 / 1991 Coll., Commercial Code, as amended.
2) Article 314 (1) of Act No. 262 / 2006 Coll., Labour Code.
3) Communication from the Ministry of Foreign Affairs No. 45 / 1999 Coll., on the access of the Czech Republic to the Convention on the abolition of the requirement to verify foreign public documents.
4) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended.
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Regulation Information
| Citation | Decree No. 139 / 2007 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.2007 |
|---|---|
| Effective from | 01.07.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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