Act No. 156 / 2010 Coll.
Act amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws
Valid
Effective from 05.06.2010
156
THE LAW
of 22 April 2010
amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws
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. 200 / 2009 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 70 / 1996 Coll., Act No. 309 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 126 / 2005 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 71 / 2004 Coll., Act No. 159 / 2004 Coll., Act No. 39 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 257.
1. footnote 1 shall read:
"(1) Directive 94 / 19 / EC of the European Parliament and of the Council of 30 May 1994 on deposit guarantee schemes as amended by Directive 2005 / 1 / EC of the European Parliament and of the Council and Directive 2009 / 14 / EC. Directive 2001 / 24 / EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and liquidation of credit institutions. Directive 2006 / 48 / EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) as amended by Commission Directive 2007 / 18 / EC, Directives 2007 / 44 / EC, 2007 / 64 / EC and 2008 / 24 / EC of the European Parliament and of the Council and Commission Directive 2009 / 83 / EC. Directive 2006 / 49 / EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) as amended by Directive 2008 / 23 / EC of the European Parliament and of the Council and Commission Directive 2009 / 27 / EC. Directive 2004 / 109 / EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements concerning information on issuers whose securities are admitted to trading on a regulated market and amending Directive 2001 / 34 / EC, as amended by Directive 2008 / 22 / EC of the European Parliament and of the Council. Commission Directive 2007 / 14 / EC of 8 March 2007 laying down detailed rules for the application of certain provisions of Directive 2004 / 109 / EC on the harmonisation of transparency requirements concerning information on issuers whose securities are admitted to trading on a regulated market. Directive 2007 / 44 / EC of the European Parliament and of the Council of 5 September 2007 amending Council Directives 92 / 49 / EEC and 2002 / 83 / EC, 2004 / 39 / EC, 2005 / 68 / EC and 2006 / 48 / EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increases of holdings in the financial sector. ';
2. In Article 39, at the end of paragraph 1, the sentence "Non-compliance with the obligation to remain silent in service matters does not constitute the provision of data in the cases and for the purposes set out in paragraphs 2 and 41n of Section 41d. '
3. In Article 41a (4), the words "and other revenue which are, in particular," shall be deleted after the word "bank."
4. In Paragraph 41a (5), the words "(the depositor) 'are deleted.
5. In Section 41a, paragraphs 6 and 7 are added:
"(6) The accounts of the Fund shall be audited by the auditor.
(7) The Fund cooperates with the Czech National Bank and the Ministry of Finance in its activities. The Czech National Bank is obliged to draw the Fund's attention in advance to the possibility of a procedure under Paragraph 41d (1). '
6. In Paragraph 41b, at the end of paragraph 7, the sentence "The approval of the Ministry of Finance is also required to amend the Statute of the Fund."
7. In Paragraph 41b, the following paragraph 8 is added:
"(8) The members of the Management Board of the Fund, the staff of the Fund and other persons in charge of the exercise of the activities relating to the payment of compensation from the Fund shall be required to maintain confidentiality of any information obtained in connection with the exercise of their profession, employment or function. The obligation to maintain confidentiality shall not infringe the provision of data in cases and for the purposes set out in Sections 38 (2) to (4) and (6), 41g (1), 41n and 41o (2). Paragraphs 38 (5) and 39 (2) shall apply mutatis mutandis. ';
8. In the first sentence of Paragraph 41c (3), the words "and details of the amount and reason of the insured deposit claim 'shall be inserted after the words" the depositor'.
9. In Paragraph 41c (6), the first sentence is replaced by the sentence "The contribution of the Bank to the Fund shall be 0,04% of the average of the amount of insured deposit claims for the relevant calendar quarter." In the second sentence of Paragraph 41c (6), "the previous year 'is replaced by" the relevant calendar quarter'.
10. in § 41c paragraphs 7 and 8 read:
"(7) The contribution of the building savings bank to the Fund shall be 0,02% of the average of the amount of insured deposit claims for the relevant calendar quarter. The average amount of insured deposit claims of the building savings bank shall be calculated on the basis of the status of the insured deposit claims on the last day of each calendar month in the relevant calendar quarter, including interest payable to the depositor on the same date, without counting the advance on State aid.
(8) If the Fund's amount of funds reaches 1,5% of the total amount of deposit claims insured with the Fund, the Fund shall give a notice thereof, which it shall publish in a way that allows remote access. In this case, from the calendar quarter following the date of publication of this notice, the bank contribution of 0,01% of the average of the volume of insured deposit claims calculated in accordance with paragraph 6 and the contribution of construction savings banks shall be 0,005% of the average of the volume of insured deposit claims calculated in accordance with paragraph 7. ';
11. in § 41c, the following paragraphs 9 to 11 are added:
"(9) If the amount of the Fund's funds falls below 1,5% of the total amount of deposit claims insured with the Fund and, in the absence of the cases referred to in § 41k, the Fund shall issue a notice to that effect, which it shall publish in a manner that allows remote access. In such a case, from the calendar quarter following the date of publication of this notice, for the purposes of calculating the amount of the contribution, the following shall apply:
(a) the banks shall apply the rate referred to in paragraph 6;
(b) construction savings banks shall apply the rate referred to in paragraph 7.
(10) The contribution to the Fund for the relevant calendar quarter shall be payable by the Bank no later than the end of the calendar month following the end of the calendar quarter. The contribution is paid in Czech crowns. The Fund shall immediately inform the Czech National Bank of its non-payment. If the bank is late in paying its contributions, it shall be obliged, on the amount due, to pay to the Fund the interest on late payments provided for by civil law rules.
(11) The Bank is required to keep records of the data referred to in paragraph 3 and, in the cases provided for by this Act (Sections 41d (2) and 41n), to provide such data to the Fund. The Ministry of Finance shall determine by decree the form, structure and manner of management and provision of data. ';
12. in the second sentence of Article 41d (1), "21 days" is replaced by "5 working days."
13. in Paragraph 41d, the following sentence shall be added at the end of paragraph 1: "The date on which the Fund receives this notification shall be deemed to be the operative date. The Czech National Bank shall publish, in a way that allows remote access, information on the date of the decision. '
14. in Article 41d (2) to (5):
"(2) The bank or former bank, liquidator, administrator or insolvency administrator shall, within 8 working days of the relevant date, provide the Fund with the data held in accordance with Paragraph 41c (3).
(3) The Fund shall determine the starting date, place and method of payment of the refunds no later than 12 working days from the relevant date, and publish them accordingly and inform the Ministry of Finance and the Czech National Bank thereof. The Fund shall be able to pay compensation to beneficiaries within 20 working days of the relevant date. Following the agreement of the Czech National Bank and the Ministry of Finance, the Fund may, in exceptional cases, extend this period by a maximum of 10 working days.
(4) The Fund shall notify the Czech National Bank without delay of any failure to comply with the obligation laid down in paragraph 2.
(5) The liquidator, administrator or insolvency administrator shall commit an offence by violating the obligation laid down in paragraph 2. The Czech National Bank can impose a fine of up to CZK 500,000 for this offence. A bank or a former bank that violates the obligation laid down in paragraph 2 shall impose a fine of up to CZK 500,000. "
15. in Paragraph 41e (1):
"(1) For the calculation of the refund, all insured claims on deposits of the beneficiary shall be added to the bank, including its shares in accounts held for 2 or more co-owners as at the relevant date. The share of the co-owner of the account shall be equal to the fraction in which the numerator is the total amount in the account and in the denominator the number of co-owners, unless the authorised persons, when established or available with the account, provide a different amount of the share. The bank shall indicate a different amount of interest in its register. No account shall be taken of any other amount of interest after the relevant date. The calculation is made in Czech currency, for deposits denominated in foreign currency the conversion into Czech currency is made at the foreign exchange market rate declared by the Czech National Bank on the relevant date. The interest calculated on the relevant date shall also be part of the insured deposit claim. The refund shall be paid in Czech currency. The right of the person entitled to benefit from the Fund shall be the right associated with the claim. '.
16. in the first sentence of Paragraph 41e (2), the amount "EUR 50 000" is replaced by "EUR 100 000" and the words "unless otherwise provided in the directly applicable regulation of the European Communities" are added at the end of the sentence.
17. in the second sentence of Article 41e (2), the words "on the date on which the fact referred to in Article 41d (1) was communicated in writing to the Fund" shall be replaced by "on the relevant date."
18. Paragraph 41e (3), including footnote 12a, reads:
"(3) The Government may, by regulation, increase the amount referred to in paragraph 2 following the relevant provisions of the European Community12a.
12a) Article 7 (7) of Directive 94 / 19 / EC of the European Parliament and of the Council, as amended by Directive 2009 / 14 / EC of the European Parliament and of the Council. '
19. in Article 41f (6), the word "depositor" shall be replaced by the word "account holder" and the words "the date on which the event referred to in Article 41d (1) was notified to the Fund in writing," shall be replaced by "the applicable date."
20. in § 41f (7), at the end of the second sentence, the words "on the operative date" shall be added.
21. In Paragraph 41f, at the end of paragraph 7, the sentence "A payment institution or a small-scale payment service provider shall keep a record of the data referred to in Article 41c (3) and transmit it to the Bank on request without undue delay in the cases set out in paragraphs 41d or 41n."
22. in Paragraph 41f, the following paragraph 9 is added:
"(9) The information obtained by the Bank from the person referred to in paragraph 7 or 8 shall be used only to fulfil its obligations towards the Fund under this Part of the Act and in the cases referred to in paragraphs 2 to 4 and 6 of Paragraph 38. ';
23. Paragraph 41g (1) reads:
"(1) The Fund shall cooperate and exchange information, to the extent necessary to ensure payment of refunds, with the persons through whom it ensures payment of refunds."
24. in § 41g, paragraph 2 is deleted;
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
25. in Paragraph 41g (2):
"(2) No compensation from the Fund shall be granted:
(a) persons having a special relationship with the bank concerned, with the exception of those referred to in Article 19 (e);
(b) persons otherwise entitled, where a final judgment has established the origin of the criminal offence. "
26. in Article 41g (3) and (4), "3" is replaced by "2."
27. in Article 41g (5) (a) and (b), the words "the date on which the FUND was notified in writing of the event referred to in Article 41d (1)" shall be replaced by the words "the relevant date."
28. in Paragraph 41h (1), the word "his" is replaced by the word "hers";
29. in Article 41h (3), 'five' is replaced by '3';
30. At the end of § 41i, the sentence "If the Fund is not able to obtain funds on the financial market by the date of the start of the payment of compensation under § 41d, it may be granted, at its request, a grant or repayable financial assistance of the necessary amount from the State budget. '
31. In the first sentence of Paragraph 41k, "year 'is replaced by" calendar quarter' and "form 'is replaced by" form'.
32. In the second sentence of Paragraph 41k, "year 'is replaced by" calendar quarter' and "form 'is replaced by" form'.
33.In Article 41l (2), the word "year" is replaced by the word "quarter."
34. in the second sentence of Article 41m (1), "EUR 50 000" is replaced by "EUR 100 000";
35. in the first sentence of Article 41m (2), the words "agreement or" shall be inserted after the words "expiry," the words "annual" shall be replaced by the words "three months" and the words "year" shall be replaced by the words "calendar quarter."
36. The following Sections 41n and 41o are inserted after § 41m:
The Fund shall verify on a regular basis at least once a year the functioning of the compensation scheme. In doing so, it cooperates with the Czech National Bank, the Ministry of Finance and the banks which are obliged to provide the Fund on request and within the time limit set by it, with the data held pursuant to § 41c (3). The Fund is required to submit a report on the results of the verification without undue delay to the Czech National Bank and the Ministry of Finance.
(1) The Fund shall cooperate in its activities with the operators of foreign deposit-guarantee schemes.
(2) In the event of bankruptcy, where an agreement concluded between the Fund and the operator of a foreign deposit guarantee scheme provides for this
(a) foreign banks operating in the Czech Republic through the Fund branch are involved in the payment of compensation from the foreign deposit claims insurance scheme in which the foreign bank participates;
(b) banks located in the Czech Republic operating abroad through a branch are involved in the payment of compensation from the Fund of foreign deposit claims insurance scheme. "
Transitional provisions
1. For the calculation of the amount of the contribution of banks, building savings banks and savings and credit cooperatives to the Deposit Guarantee Fund for the part of the calendar year ending on the last day of the calendar quarter in which the Act takes effect, Section 41c of Act No. 21 / 1992 Coll., on Banks, as effective by the date of entry into force of the Act, shall apply. The average amount thus calculated shall be multiplied by the fraction in which the numerator is the number of months from the beginning of the calendar year to the end of the calendar quarter in which the law takes effect and the denominator shall be 12. The contribution thus determined to the Deposit Guarantee Fund shall be paid by banks, construction savings banks and savings and credit cooperatives within 1 month of the end of the calendar quarter in which the Act becomes effective.
2. Banks, construction savings banks, savings and credit cooperatives, payment institutions, small-scale payment service providers and securities dealers are required to keep records and provide data in accordance with the provisions of Sections 41c (3) and (11) and 41f (7) and (8) of Act No. 21 / 1992 Coll., on banks, as effective from the date of entry into force of this Act, from the day following the expiry of 12 months from the date of entry into force of this Act. The previous sentence shall apply mutatis mutandis to the obligations imposed on payment institutions, small-scale payment service providers and securities dealers in the last sentence of Paragraph 41f (7) of Act No 21 / 1992 Coll., on banks, as effective from the date of entry into force of this Act.
3. If the limitation period for the exercise of the entitlement of the beneficiary to the performance of the Deposit Guarantee Fund begins before the date of entry into force of this Act, the application of Article 41h (3) of Act No. 21 / 1992 Coll., on banks, as effective by the date of entry into force of this Act, shall take place.
Amendment of the Act on savings and credit cooperatives
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, as amended, Act No. 100 / 2000 Coll., Act No. 406 / 2001 Coll., Act No. 212 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 126 / 2008 Coll., Act No. 254.
1. in Article 2a (4) (d), the word "professional" shall be deleted;
2. in Article 2a (9) (b), "professional" is deleted and "6" is replaced by "4."
3. In Article 4 (5), "§ 2a 'is replaced by" § 2b' and at the end of the paragraph the sentence "The granting of prior consent by the Czech National Bank is replaced by the granting of consent under § 2b (3) 'is added.
4. Paragraph 14, including footnotes 17 and 17a, reads as follows:
(1) The cooperative advances are required to participate in the deposit claims insurance scheme under Part 13 of the Bank17). The provisions of the Banking Act governing the rights and obligations of banks arising from participation in the deposit claims insurance scheme, as well as the provisions governing the obligations of liquidators, AIFMs, insolvency administrators and the Deposit Guarantee Fund in the application of that scheme shall apply mutatis mutandis to cooperative advances, liquidators and insolvency administrators, including provisions on liability for their breach and the application of the applicable penalties. The person who testifies to the insured claim on the deposit held with the cooperative reserve is a beneficiary within the meaning of Part 13 of the Banking Act.
(2) Persons who, within the meaning of the Act governing the activities of banks, are not entitled to compensation for a deposit claim from the Deposit Guarantee Fund because of their special relationship with the bank17a)
(a) members of the elected body of the cooperative reserve and the managing officer;
(b) persons controlling the cooperative reserve, persons having qualified participation in such persons and members of the management of such persons;
(c) persons close within the meaning of the Civil Code to the members of the elected bodies of the cooperative reserve, to the managing persons and to the persons controlling the cooperative reserve;
(d) persons with a qualifying participation in the cooperative reserve and persons controlled by them;
e) Members of the Banking Board of the Czech National Bank,
(f) persons controlled by the cooperative reserve.
17) Sections 41a to 41o of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 165 / 1998 Coll., Act No. 319 / 2001 Coll., Act No. 120 / 2002 Coll., Act No. 296 / 2007 Coll., Act No. 433 / 2008 Coll., Act No. 285 / 2008 Coll. and Act No. 156 / 2010 Coll.
17a) § 41g (2) (a) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 156 / 2010 Coll. '
Amendment to the Capital Market Enterprise Act
Act No. 256 / 2004 Coll., on capital market business, as amended by Act No. 635 / 2004 Coll., Act No. 179 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 62 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 159 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 29 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 230 / 2009 Coll., Act No. 216 / 2008 Coll., Act No. 230 / 2008 Coll.
1. in Article 15d (1) (f), the following point 3 is added:
"3. in respect of which credit institutions are or will be kept in the account by the customer's funds;"
2. In the first sentence of Paragraph 15g, the words "points 1 and 2," shall be deleted.
3. In Article 157 (7) (c), the word "or 'is deleted; at the end of point (d), the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) infringes the obligation to keep a register of data relating to insured customer deposit claims under the law governing the activities of banks; or
(f) infringes the obligation to transfer data relating to insured deposit claims to a bank, savings and credit cooperative or to a foreign bank under the law governing the activities of banks. "
4. In Article 157 (14) (b), the words ", (e) or (f) 'shall be inserted after the words" paragraph 7 (d)'.
Amendment of the Act on the Czech National Bank
In Article 44 (2) (c) of Act No. 6 / 1993 Coll., as amended by Act No. 442 / 2000 Coll., Act No. 57 / 2006 Coll. and Act No. 285 / 2009 Coll., the words "and directly applicable European Communities regulations' are inserted after the word" laws'.
EFFECTIVE
This Law shall take effect on the 15th day following its publication, with the exception of Article I (12), (14), (16) and (34), which shall take effect on 31 December 2010.
Wolf
Klaus v. r.
Fischer v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 156 / 2010 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2010 |
|---|---|
| Effective from | 05.06.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0