Decree No. 151 / 2022 Coll.
Ordinance amending Decree No. 1 / 2022 Coll., on Applications and Notices for Activity under the Law on Payment, and Decree No. 7 / 2018 Coll., on certain conditions for the performance of the activity of a payment institution, the administrator of information on a payment account, a small-scale payment service provider, an electronic money institution and an electronic money issuer of small-scale money, as amended by Decree No. 2 / 2022 Coll.
Valid
Order
Effective from 01.07.2022
Text versions:
01.07.2022
14.06.2022
151
DECLARATION
of 2 June 2022
amending Decree No 1 / 2022 Coll., on applications and notifications for the performance of business under the Law on Payment, and Decree No 7 / 2018 Coll., on certain conditions for the performance of the activities of the payment institution, the administrator of the payment account information, the small-scale payment service provider, the electronic money institution and the electronic money issuer, as amended by Decree No 2 / 2022 Coll.
The Czech National Bank provides pursuant to § 263 of Act No. 370 / 2017 Coll., on payment, as amended by Act No. 129 / 2022 Coll., for implementation of § 60 (3), § 65a (2), § 101 (3), § 106a (2), § 254e (3), § 254f (2) and § 254h (4) of this Act:
Amendment of the Regulation on applications and notifications for activity under the Payment Act
Decree No. 1 / 2022 Coll., on applications and notifications to carry out activities under the Law on Payment, is amended as follows:
1. In the introductory sentence, "a 'is replaced by" comma' and after "§ 102 (2) 'the words", § 254e (3) and § 254f (2)' are inserted.
2. In Article 1 (1), the following point 6 is added at the end of point (a):
"6. provider of dynamic currency exchange services, '.
3. in Article 1 (1) (b), "5" is replaced by "6."
4. the following shall be added to Articles 8 and 14 (k) to (n):
"(k) information to assess the applicant's credibility,
(l) information on the managers referred to in Annex 4 to this Decree;
(m) information on persons with qualified participation in the applicant and persons who, acting in agreement with another person, obtain a qualified participation in the applicant and the controlling person referred to in Annex 3 to this Regulation;
(n) a description of the measures against the legalisation of the proceeds of crime and terrorist financing and a manual on measures against the legalisation of the proceeds of crime and terrorist financing for the personnel of the applicant; ';
5. The following Sections 21a and 21b are inserted after Section 21:
Application for authorisation to operate a dynamic currency shift service provider
(K § 254e (3) of the Payment Act)
The details of the application details are:
(a) the identification details of the applicant; and
1. where the applicant is a legal entity that has not yet been established, the founding act;
2. the address of the actual registered office, if different from the registered office, and if the applicant has its registered office and its registered office in another Member State, also the address of the branch in the Czech Republic, an extract from the register similar to the commercial register, which may not be more than 3 months old, and the opening legal proceedings;
3. the address of the applicant's e-mail and website, if available; and
4. an indication of whether the applicant is a regulated institution;
(b) information to assess the applicant's credibility;
(c) information on the managers referred to in Annex 4 to this Decree;
(d) information on persons having qualified participation in the applicant and persons who, acting in agreement with another person, obtain a qualified participation in the applicant and the controlling person referred to in Annex 3 to this Regulation; and
(e) the name of the associations of associates providing dynamic exchange of currencies or other associations of which the applicant is a member or of which he will soon become a member.
Notification of a change to the data specified in the application for authorisation to operate a dynamic currency shift service provider
(K § 254f (2) of the Payment Act)
The notification of an amendment to the information specified in the application for authorisation to operate the Dynamic Currency Shift Service provider shall include an indication of the change, supplemented by updated information according to the nature of the change in accordance with Section 21a, which is affected by the change. ';
6. In Annex 3 (d), at the end of the text in points 3 and 5, the words "or to the provider of the dynamic currency shift service 'shall be added.
7. In Annex 3 (e), at the end of the text in point 4, the words "or to the provider of the dynamic currency shift service 'are added.
8. In the second sentence of the second paragraph of Annex 4, the words "range or 'are replaced by the words" range,' and after the words "small-scale money 'are inserted the words" or the service provider of the dynamic exchange of currencies'.
9. In Annex 5, the words "in the case of a payment institution, a payment account administrator or an electronic money institution 'shall be inserted at the beginning of point (i).
Amendment of the Decree on certain conditions for the performance of the activity of a payment institution, the administrator of payment account information, the small-scale payment service provider, the electronic money institution and the small-scale electronic money issuer
Regulation No 7 / 2018 Coll., on certain conditions for the performance of the activities of the payment institution, the administrator of the payment account information, the small-scale payment service provider, the electronic money institution and the issuer of small-scale electronic money, as amended by Decree No 2 / 2022 Coll., is amended as follows:
1. In the introductory sentence, "§ 59 (4), § 74 (6), § 75 (3), § 78 (4) and § 100 (4) 'is replaced by" § 59 (4), § 65a (2), § 74 (6), § 75 (3), § 78 (4), § 100 (4), § 106a (2) and § 254h (4)'.
2. At the end of § 1, the dot is replaced by a comma and the following point (e) is added:
"(e) the way in which the requirements of the system for the handling of complaints and complaints with the provider of the dynamic currency shift service are met.";
3. In Part Two, in Title IV, the words "and § 65a (2) 'shall be inserted after the words" 4'.
4. In Part Two, in Title V, the words "and Paragraph 106a (2) 'are inserted after the words" 4'.
5. in Part Two, the following Title VI is inserted after Title V:
METHOD OF IMPLEMENTATION OF THE REQUIREMENTS FOR THE COMPLAINING AND RECRUING SYSTEM OF MONITORING SERVICES
(K § 254h (4) of the Act)
In order to meet the requirements of the complaint and complaint settlement system, the provider of the currency exchange service shall proceed mutatis mutandis in accordance with Section 5. '
EFFECTIVE
This Decree shall take effect on 1 July 2022.
Governor:
Ing. Rusnok v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 151 / 2022 Coll., amending Decree No. 1 / 2022 Coll., on Applications and Announcements for Activity under the Payment Act, and Decree No. 7 / 2018 Coll., on certain conditions for the performance of the activities of the payment institution, the administrator of the payment account information, the payment service provider of a small scale, the electronic money institution and the electronic money issuer of a small scale, as amended by Decree No. 2 / 2022 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0