Czech National Bank Decree No. 164 / 2002 Coll.
Order of the Czech National Bank on conditions of access to information in the Czech National Bank Information Database - Central Credit Register
Valid
Order
Effective from 01.05.2002
164
DECLARATION
Czech National Banks
of 10 April 2002
on the conditions for access to information in the Czech National Bank Information Database - Central Credit Register
The Czech National Bank provides pursuant to § 38a (2) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 126 / 2002 Coll.:
Subject matter
This decree sets out the conditions for access to information in the information database created by the Czech National Bank.
Definition of terms
For the purposes of this decree:
(a) operator of the Czech National Bank,
(b) the register of the information database - the central credit register - the information database created and operated by the operator;
(c) by the user of the register, the bank, including its branches abroad, and the branch of a foreign bank operating in the Czech Republic, and other persons, if a special law so provides,
(d) by the debtor, the legal person for which the registry user has a claim, with the exception of a bank, a branch of a foreign bank and a central bank, or a natural person who is the entrepreneur for which the registry user has a claim in connection with its business activities;
(e) a claim by the registry user's balance sheet or off-balance-sheet claim on the debtor from the class 2 or 9 account class, in Czech or foreign currency crowns, irrespective of its amount, and in the case of the debtor - natural person, only a claim relating to his business;
(f) information from the registry of output information provided by the registry user, including:
1. identification of the debtor,
2. aggregate data on claims of all users of the registry on behalf of the debtor,
3. an indication of the number of users of the registry to whom the debtor has incurred the claim;
4. the timing of the period to which the information from the register relates.
Conditions for access of registry users to registry information
(1) The registry user is entitled to request information from the registry only in direct connection with a particular business case; This context is always understood
(a) the connection with the decision to grant a credit or other service resulting in a claim by the registry user;
(b) the link with the already established claim of the registry user to the debtor.
(2) The conditions referred to in paragraph 1 shall be fulfilled where the requirement relating to:
(a) persons applying for a credit or other service resulting in a claim [paragraph 1 (a)], or persons liable [paragraph 1 (b)], persons economically linked to a person requesting a credit or other service resulting in a claim [paragraph 1 (a)] or a debtor [paragraph 1 (b)];
(b) a person who is evidently the legal predecessor of a person requesting the granting of a credit or other service giving rise to a claim;
(c) the person who has provided or intends to provide collateral for the claim;
(d) persons on whom the information is registered for the purpose of implementing certain measures against the legalisation of proceeds from crime and terrorist financing or fraud or for the purpose of implementing international sanctions.
(3) The request for information from the register shall include the identification of the person referred to in paragraph 2 for whom the information is requested and the determination of the time period for which the information from the register is requested.
(4) The lawfulness of the requirement to provide information from the registry referred to in paragraphs 1 and 2 shall be demonstrated by the registry user upon request by the operator, in particular by a written or electronic document showing interest in the provision of credit or other service leading to the occurrence of a claim by the registry user or documentation of the registry user of the debt already incurred.
(5) User access to and information from the registry shall be subject to compliance with the operationally technical conditions laid down by the operator in the user documentation.
(6) The registry user shall designate at least two persons in charge of managing the access rights to the registry and ensuring substantive and technical communication with the Czech National Bank.
(7) The registry user shall inform the Czech National Bank without undue delay of the designation of the persons referred to in paragraph 6 or changes to their contact details.
(8) The registry user pays to the operator for access to information from the registry the price specified in the Price list of the Czech National Bank's monetary and business services (hereinafter the "price list"). The price list is available in all branches of the operator and in electronic form on the operator's official website.
(9) The registry user shall be informed of any summary update of the data in the registry.
Efficacy
This Decree shall take effect on 1 May 2002.
Governor:
Doc. Ing. Tůma, CSc.
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Regulation Information
| Citation | Decree of the Czech National Bank No. 164 / 2002 Coll., on conditions of access to information in the Czech National Bank Information Database - Central Credit Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2002 |
|---|---|
| Effective from | 01.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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