Decree of the Czech National Bank No. 166 / 2002 Coll.
The Order of the Czech National Bank laying down the formalities for the application for a bank licence, the formalities for the application for the approval of the Czech National Bank for the acquisition or increase of a qualified participation in the bank, the person concluding the management contract with the bank or the person carrying out the legal act aimed at controlling the bank and the details of the notification of a reduction of the qualifying participation in the bank or the removal of the position of the controlling party vis-à-vis the bank
Valid
Order
Effective from 01.05.2002
Text versions:
01.05.2002
30.04.2002
Zobrazeno prvních 200 z celkem 258 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
166
DECLARATION
Czech National Banks
of 8 April 2002
laying down the terms of the application for a bank licence, the terms of the application for approval of the Czech National Bank for the acquisition or increase of qualifying holdings in the bank, the person concluding the management contract with the bank or the person carrying out the legal act for the control of the bank and the details of the notification of a reduction of qualifying holdings in the bank or the removal of the position of controlling the bank
The Czech National Bank provides for banks, as amended, pursuant to § 4 (1), § 5 (1) and § 20 (3) and (4) of Act No. 21 / 1992 Coll., as amended, hereinafter referred to as "the Act":
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates the terms of the application for a bank licence (hereinafter referred to as the "licence '), the terms of the application for the approval of the Czech National Bank for the acquisition or increase of a qualified participation in the bank, the person concluding the management contract with the bank or the person carrying out the legal act aimed at controlling the bank and the details of the notification of a reduction of the qualifying participation in the bank or the removal of the position of controlling the bank.
LICENCES
Forms of licence application for a company established to act as a bank
(1) Where a licence application pursuant to Article 4 (1) of the Act is submitted by a person authorised to act on its behalf until the start of a company set up for the purpose of acting as a bank ("the bank '), the application shall consist of:
(a) the essential information set out in Annex 1 to this order,
(b) the justification, concept and principles of the Bank's activities;
(c) paper documents,
(d) paper documents relating to persons proposed to be a bank manager (Section 7).
(2) The rationale, concept and principles of the Bank's activities referred to in paragraph 1 (b) include:
(a) the purpose of the establishment and strategic intention of the development of the founding bank on the market, mainly based on the client-oriented approach, according to the economic sector, region, type and type of services provided;
(b) the business plan of the founding bank for the next three years submitted, mutatis mutandis, the scope of the data on the publication of the balance sheet and the profit and loss account under the special legislation;
(c) commentary on the various items of the business plan referred to in point (b), which in particular contains the basic bases on which the business plan is based, the expected impact on the profitability of the bank being set up, the analysis of the appropriateness of carrying out individual activities with regard to the capital equipment of the bank being set up, the creation of reserves and any impact on liquidity, profitability and asset quality;
(d) principles for identifying and managing risks;
(e) a description of the material technical and personnel security of each activity; material technical security means, in particular, the corresponding computer system, information system, accounting and statistical accounting systems; personnel security means the estimated number of employees who will provide the planned activities of the founding bank,
(f) a comment on the structure and organisation of the Bank, which shall include the content of the various departments, links to the other departments, competences and powers of those departments;
(g) the principles of the Bank's internal management and control system.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) the founding agreement or instrument of the founding bank and its statutes (Article 8 (4) and Article 9 (1) of the Act);
(b) an extract from the commercial register of a person with a qualifying holding in a bank established as an entrepreneur; a legal person who is not registered shall submit a document proving its existence and a natural person - an entrepreneur who is not registered in a commercial register, shall submit appropriate business authorisations; a foreign legal person or a foreign natural person - entrepreneur (3) shall submit a document of a similar nature; an extract from the commercial register or a document of a similar nature may not be more than one month old and must correspond to the actual situation at the date of submission of the application;
(c) proof of the origin of the article of deposit (4) in the capital of the bank established by a person qualified to participate in the bank established;
(d) the annual reports and accounts of a person with a qualifying holding in a bank for the past three years or for the period during which he carries on his business, if that period is less than three years; where that person is part of a consolidation unit, also consolidated financial statements for the same period; if, under a special law, the accounts of a legal person are to be audited by an auditor, the audited accounts are to be presented; (5) a foreign legal person or a foreign natural person - entrepreneur (3) shall submit the documents to them on an equal footing;
(e) a description of the structure of the close links group (Section 4 (4) of the Act) to which the person with a qualifying bank participation belongs, including a statement whether the legal order and the method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 4 (3) (g), (h) and (i) of the Act); the entities belonging to the group of close links shall indicate the business firm or name, identification number or date of establishment, registered office or place of business, if it is a legal entity, or name and surname, date of birth, address of place of permanent residence, if it is a natural person, description of the method of interconnection of the group with close links, the activity of the individual persons of the group with close links, whether and to what extent the management and control system is applied within the group, and information on who is carrying out the audit of each legal entity of the group,
(f) an extract from the record of a criminal record not older than one month of a natural person who:
1. a person with a qualifying holding in a bank established; or
2. A statutory authority or a member of a statutory body of a legal person who is a person with a qualifying holding in a founding bank;
a person who is a national of the Czech Republic, who has been continuously present for more than six months abroad in the last three years, shall also submit a similar extract from the Register of Penalties not earlier than three months; (3) submit also a similar document, not more than three 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 three years for more than six months;
(g) a chronological breakdown of all employment, business activities and other self-employment activities carried out, including the indication of membership of authorities of other companies
1. natural persons having a qualifying holding in a founding bank; or
2. a natural person who is a statutory body or a member of a statutory body of a legal person with a qualifying holding in a founding bank;
(h) the written opinion of the supervisory authority of the bank in its country of residence on the intention of establishing a bank in the Czech Republic, if the promoter is a foreign bank; The same applies where a person with a qualifying holding in a bank is a foreign financial institution (Paragraph 17a (3) of the Act) which is supervised by the authority of its State of residence; the opinion may not exceed six months from the date of submission of the application,
(i) a statement by the petitioner and the person qualified to participate in the Bank that all the information and documents submitted by them are up to date, complete and true.
(4) The basic information referred to in paragraph 1 (a) set out in Tables 1 to 4 of Annex No 1 to this Regulation and the justification, concept and principles of the Bank's activities referred to in paragraph 1 (b) are processed only by the petitioner.
(5) Where a person with a stake in a founding bank of less than 10% of the capital or voting rights of the founding bank acts in agreement with another person having a stake in the founding bank and the sum of their shares reaches or exceeds the qualifying participation in the founding bank, that person acting in agreement with another person shall submit the same documents as the person with a qualifying participation in the founding bank.
Forms of licence applications already obtained by a public limited company
(1) If the application for a licence is submitted pursuant to § 4 (1) of the Act already established by a domestic public limited company which intends to act as a bank pursuant to § 1 (1) of the Act, the application shall consist of:
(a) the essential information set out in Annex 1 to this order,
(b) the justification, concept and principles of the Bank's activities;
(c) paper documents,
(d) paper documents relating to persons proposed to be a bank manager (Section 7).
(2) The rationale, concept and principles of the Bank's activities referred to in paragraph 1 (b) include:
(a) the purpose of extending the existing activity to banking activities and the strategic intention of developing the bank on the market, mainly based on the direction of clients, according to the economic sector, region, type and type of services provided;
(b) the business plan of the Bank for the next three years submitted, mutatis mutandis, the scope of the data on the publication of the balance sheet and the profit and loss account under the special legislation;
(c) commentary on the various items of the business plan referred to in point (b), which in particular contains the basic bases on which the business plan is based, the expected impact on the bank's profitability, the analysis of the appropriateness of carrying out individual activities with regard to the bank's capital equipment, the creation of reserves and any impact on liquidity, profitability and asset quality;
(d) principles for identifying and managing risks;
(e) a description of the material technical and personnel security of each activity; material technical security means, in particular, the corresponding computer system, information system, accounting and statistical accounting systems; personnel security means the estimated number of employees who will ensure the planned activities of the Bank,
(f) a comment on the structure and organisation of the Bank, which contains the content of the various departments, links to other departments, competences and powers of those departments;
(g) the principles of the Bank's internal management and control system.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) the statutes of the petitioner;
(b) an extract from the commercial register of the petitioner; (3) submit a document of a similar nature; an extract from the commercial register or a document of a similar nature may not be more than one month old and must correspond to the actual situation at the date of submission of the application;
(c) an extract from the commercial register of a person having qualified participation in the petitioner, if that person is an entrepreneur; a legal person who is not registered shall submit a document proving its existence and a natural person - an entrepreneur who is not registered in a commercial register, shall submit appropriate business authorisations; a foreign legal person or a foreign natural person - entrepreneur (3) shall submit a document of a similar nature; an extract from the commercial register or a document of a similar nature may not be more than one month old and must correspond to the actual situation at the date of submission of the application;
(d) a copy of the resolutions of all the general meetings of the petitioner on which the intention to act as a bank has been discussed, including a proposal for a relevant amendment to the statutes, in particular a proposal to change the subject matter of the company;
(e) proof of the origin of the article of deposit (4) in the capital of the petitioner and, where appropriate, other deposits which will increase the capital for the purposes of granting the licence;
(f) the annual reports and accounts of the petitioner and of persons having qualified participation in the petitioner for the last three years or for the period during which he carries on his activity, if that period is less than three years; where that person is part of a consolidation unit, also consolidated financial statements for the same period; if, under a special law, the accounts of a legal person are to be audited by an auditor, the audited accounts are to be presented; (5) a foreign legal person or a foreign natural person - entrepreneur (3) shall submit the documents to them on an equal footing;
(g) a description of the structure of the closely linked group (Section 4 (4) of the Act) to which the petitioner or the person qualified to participate in the petitioner belongs, including a statement as to whether the law and the way in which it is applied in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 4 (3) (g), (h) and (i) of the Act); the entities belonging to the group of close links shall indicate the business firm or name, identification number or date of establishment, registered office or place of business, if it is a legal entity, or name and surname, date of birth, address of place of permanent residence, if it is a natural person, description of the method of interconnection of the group with close links, the activity of the individual persons of the group with close links, whether and to what extent the management and control system is applied within the group, and information on who is carrying out the audit of each legal entity of the group,
(h) an extract from the register of punishments not earlier than one month of the natural person who:
1. a member of the statutory body of the petitioner,
2. by the statutory authority or a member of the statutory body of a legal person who is a person with a qualified participation in the petitioner;
a person who is a national of the Czech Republic, who has been continuously present for more than six months abroad in the last three years, shall also submit a similar extract from the Register of Penalties not earlier than three months; (3) submit also a similar document, not more than three 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 three years for more than six months;
(i) a chronological breakdown of all employment, business activities and other self-employment activities performed and membership of bodies of other companies, including those already completed
1. a natural person who is a member of the statutory body of the petitioner; or
2. by the statutory authority or a member of the statutory body of a legal person who is a person with a qualifying participation in the petitioner;
(j) the written opinion of the supervisory authority of a person with a qualified participation in the petitioner in the country of its registered office, if it is a foreign bank or a foreign financial institution (Paragraph 17a (3) of the Act), on the intention of having a qualified participation in a public limited company having its registered office in the Czech Republic, which changes its subject-matter and applies for a licence; the opinion may not exceed six months from the date of submission of the application,
(k) a declaration by the petitioner and the person qualified to participate in the petitioner that all the data and documents submitted by them are up to date, complete and true.
(4) The basic information referred to in paragraph 1 (a) set out in Tables 1 to 4 of Annex No 1 to this Order and the justification, concept and principles of the Bank's activities referred to in paragraph 1 (b) are processed only by the petitioner.
Payment of capital
(1) Prior to the decision of the Czech National Bank to grant a licence pursuant to § 4 (1) of the Act, the petitioner of the Czech National Bank's application shall document the written declaration by the administrator of the deposit, 6) that the capital of the established bank has been fully paid up, and shall at the same time provide evidence confirming this fact.
(2) Where the licence application has already been submitted by a national limited-liability company whose core capital meets the minimum amount for the establishment of a bank and it is clear from the substantiated extract from the commercial register that the core capital was fully paid up at the time the application was submitted, the documents referred to in paragraph 1 shall not be submitted. However, if, in connection with the licence application submitted, the public limited liability company increases its capital and it was not fully paid up at the time the application was submitted, it shall submit a new extract from the Commercial Register at the latest before the decision of the Czech National Bank pursuant to paragraph 1, showing that the subscribed nominal value of the share to increase its capital was fully paid up.
Licence applications for a branch of a foreign bank
(1) If the foreign bank is the party to the licence application for its branch under Section 5 (1) of the Act, the application shall consist of:
(a) the basic information set out in Annex No 2 to this Order,
(b) the justification, concept and principles of the operation of the branch of a foreign bank;
(c) paper documents,
(d) paper documents concerning the person proposed to lead the branch (Section 7).
(2) The justification, concepts and principles of the operation of the branch of a foreign bank referred to in paragraph 1 (b) include:
(a) the purpose of the establishment and strategic intention of the development of a branch on the market, based on the client-oriented approach, by economic sector, region, type and type of service provided;
(b) the business plan of the branch for the next three years submitted, mutatis mutandis, the extent of the data on the publication of the balance sheet and the profit and loss account in accordance with the special legislation; (1) for the first year the business plan shall be drawn up by quarter;
(c) commentary on the various items of the business plan referred to in point (b), which in particular contains the basic bases on which the business plan is based, the expected effects on the profitability of the branch, the analysis of the appropriateness of carrying out individual activities with respect to the funds provided to the branch by a foreign bank, the creation of reserves and any impact on liquidity, profitability and asset quality;
(d) principles for identifying and managing risks;
(e) a description of the material technical and personnel security of each activity; material technical security means, in particular, the corresponding computer system, information system, accounting and statistical accounting systems; personnel security means the estimated number of branch employees who will ensure the planned activities of the branch,
(f) the principles of the management and control system of the petitioner;
(g) information on the organisational structure of the branch, the exposures or other business sites of the branch to be established in the Czech Republic, their number, the extent and type of services provided and their integration into the organisational structure of the branch, their competence and their competence and their management,
(h) defining the powers and responsibilities of the branch when deciding on and implementing banking operations;
(i) the method of controlling the branch in the Czech Republic, including at what intervals, to which extent and by which the branch will be controlled and whether reports of the results of the check will also be submitted to the banking supervision of the Czech National Bank.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) a copy of the decision of the competent authority of the petitioner on the intention to establish a branch in the Czech Republic;
(b) an officially certified copy of the document proving the existence of the petitioner in the country of his registered office of a similar extract from the commercial register or other registration of the country of the petitioner's registered office, including the scope of the authorization of the petitioner to do business, the statutes or similar document of the petitioner;
(c) annual reports and audited financial statements of the petitioner for the last three years; where the promoter is part of a consolidation unit, also consolidated financial statements for the same period;
(d) a description of the structure of the closely linked group (Section 4 (4) of the Act) to which the petitioner belongs, including a statement as to whether the legal order and the method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 5 (4) (f), (g) and (h) of the Act); the entities belonging to a group with a close link shall indicate the business firm or name, the date of establishment, the registered office or place of business of persons, if they are a legal person, or the name and surname, the date of birth, the address of the place of permanent residence, if it is a natural person, a description of the way in which that group is connected, the activity of the individual persons of the group, whether and to what extent the management and control system within the group is applied, the information on who is audited by each group person, if it is carried out;
(e) a written statement by the petitioner addressed to the Czech National Bank that:
1. whenever required by the Czech National Bank, transfers funds to the Czech Republic in order to supplement reserve resources, settle the activities and liabilities of the branch at the required amount, within the deadline and under the conditions laid down by the Czech National Bank,
2. send an annual report to the banking supervision of the Czech National Bank and the Ministry of Finance,
(f) a declaration by the petitioner that all the data and documents submitted by him are up to date, complete and true.
Minimum amount of resources provided
The minimum amount of financial resources provided to the branch of a foreign bank must correspond to the risk and expected extent of the activities carried out by that branch in the Czech Republic.
Person proposed to lead a bank or branch of a foreign bank
(1) The professional competence, credibility and experience of the person proposed as head of the bank's staff [Paragraph 4 (3) (d) of the Act] or the management of the branch of a foreign bank [Paragraph 5 (4) (c) of the Act] (hereinafter referred to as the "person proposed to lead") is evidenced by documents which are certified by the Czech National Bank. The Czech National Bank shall verify the competence of the proposed person by interview with that person.
(2) The paper documents referred to in paragraph 1 are:
(a) an extract from the register of punishments not earlier than one month of the person proposed to lead; a person who is a national of the Czech Republic, who has been continuously present for more than six months abroad in the last three years, shall also submit a similar extract from the Register of Penalties not earlier than three months; (3) submit also a similar document, not more than three 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 three years for more than six months;
(b) a professional biography indicating all employment, business activities, other self-employed activities, membership of professional associations and membership of bodies of other companies, including those already completed; where the person proposed to lead the management has held a leading role, indicate in all cases the scope of the powers and responsibilities conferred on him and the size of the collective managed by him;
(c) documents, or copies thereof, which may attest to its competence and educational attainment;
(d) a brief conception of the performance of the function to which it is proposed;
(e) the questionnaire provided for in Annex 3 to this Order,
(f) other documents and data submitted by the person proposed to lead by confirming, in addition to the required paper documents, his / her competence, credibility or experience, such as references or work reports from the last employment;
(g) an affidavit by a person proposed to the management that all the particulars and documents submitted to him are up to date, complete and true.
REQUEST FOR A CONFORMITY WITH THE CONFORMITY OR EXTENSION OF QUALIFIED PARTICIPATION IN THE BANK, THE PERSON RELATING THE COMPENSATION OF THE BANKING CONTRACT OR THE PERSON IMPLEMENTING THE LEGAL ACTIONS FOR THE APPLICATION OF THE BANK AND NOTIFICATION OF THE REDUCTION OF QUALIFICATED PARTICIPATION IN THE BANK OR THE PERSON CONSIDERING THE PERSON CONSIDERING THE BANKING
Forms of a request by a natural person to agree to acquire or increase qualifying holdings in a bank
(1) Where a natural person is the party to an application for consent under Paragraph 20 (3) of the Act, the application shall consist of:
(a) the basic information set out in Annex 4 thereto,
(b) justification,
(c) paper documents.
(2) The justification referred to in paragraph 1 (b) shall include:
(a) the purpose for which the qualifying participation is acquired;
(b) a strategic intention for the development of a bank in the intention to acquire or increase a qualified participation in a bank of at least 33% of the capital or voting rights of the bank, or if, as a result of the acquisition or increase of a qualifying holding, the bank would become a controlled entity in relation to the promoter or persons acting in agreement with it, including a communication as to whether the promoter was dealing with the existing shareholders of the bank and whether there was a consensus in the approach to the bank's further development, the intention of the promoter concerning the staffing of senior staff and the statutory body of the bank.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) an extract from the register of punishments of the petitioner not more than one month old; a person who is a national of the Czech Republic, who has been continuously present for more than six months abroad in the last three years, shall also submit a similar extract from the Register of Penalties not earlier than three months; (3) submit also a similar document, not more than three 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 three years for more than six months;
(b) evidence of the origin of the funds of the petitioner from which the purchase of the bank's shares is paid or from which the shareholding in the person through which the indirect shareholding in the bank is acquired (Section 17a (2) of the Act) has been acquired;
(c) a chronological breakdown of all employment performed, indicating the function held, business activities, other self-employed activities of the petitioner and membership of bodies of other companies, including those already completed;
(d) a description of the relationships between the petitioner and the bank whose shares the petitioner intends to acquire, for example, loans granted, including an indication of their amount and other conditions, long-term deposits with that bank, or relations with persons with a special relationship to the bank (Section 19 of the Act);
(e) an affidavit by the petitioner that all the particulars and documents submitted by him are up to date, complete and true.
Forms of the application of a legal person or natural person - entrepreneur to agree to acquire or increase qualifying holdings in a bank
(1) If the applicant is a legal person or a natural person - an entrepreneur, the application shall consist of:
(a) the basic information set out in Annex 4 thereto,
(b) justification,
(c) paper documents.
(2) The justification referred to in paragraph 1 (b) shall include:
(a) the purpose for which the qualifying participation is acquired;
(b) a strategic intention for the development of the bank in order to acquire or increase a qualifying holding in the bank of at least 33% of the bank's capital or voting rights, or if, as a result of the acquisition or increase of the qualifying holding, the bank would become a controlled entity in relation to the promoter or persons acting in agreement with it, including a communication as to whether the promoter has dealt with the existing shareholders of the bank and whether there is a consensus in the approach to the bank's further development, the intention of the promoter concerning the staffing of senior staff and the statutory body of the bank.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) an extract from the commercial register of the petitioner who is an entrepreneur or self-employed; a legal person who is not registered shall submit a document proving its existence and a natural person - an entrepreneur who is not registered in a commercial register, shall submit appropriate business authorisations; a foreign legal person or a foreign natural person - entrepreneur (3) shall submit a document of a similar nature; an extract from the commercial register or a document of a similar nature may not be more than one month old and must correspond to the actual situation at the date of submission of the application;
(b) the written opinion of the supervisory authority of the bank in the country of its registered office on the intention to acquire or increase qualified participation in the bank at the required amount, if the foreign bank requests the approval; the same applies where the petitioner is a foreign financial institution (Paragraph 17a (3) of the Act), which is supervised by the authority of the State of its registered office; that statement may not exceed six months from the date of submission of the application,
(c) documents of the origin of the funds of the petitioner from which the purchase of the bank's shares is paid or from which the share was acquired in the person through which the indirect holding in the bank is acquired (Section 17a (2) of the Act),
(d) the annual reports and accounts of the petitioner for the previous three years or for the period during which he carries on his business if that period is less than three years; where the petitioner is part of a consolidation unit, also consolidated financial statements for the same period; (5) the audited accounts are presented; a foreign legal person or a foreign natural person - entrepreneur (3) shall submit documents to them on an equal footing;
(e) a description of the structure of the group with close links [Paragraph 4 (4) of the Act] to which the petitioner belongs, including a communication as to whether the law and the way in which it is applied in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 4 (3) (g), (h) and (i) of the Act); entities belonging to a group of close links shall indicate the business firm or name, identification number or date of establishment, registered office or place of business, if they are a legal person, or name and surname, date of birth, address of place of permanent residence, if they are a natural person, description of the method of interconnection of that group, the activity of each group person, whether and to what extent the management and control system is applied within the group, and information on who is carrying out the external audit of each legal person, if any,
(f) extracts from records of criminal records not older than one month of persons listed in Table 4 B form, the model of which is in Annex 4 to this order; a person who is a national of the Czech Republic, who has been continuously present for more than six months abroad in the last three years, shall also submit a similar extract from the Register of Penalties not earlier than three months; (3) submit also a similar document, not more than three 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 three years for more than six months;
(g) a chronological breakdown of all employment performed, indicating the function, business activities, other self-employed activities and all membership of other bodies of companies, including those already completed, of the persons listed in Table 4 B, the specimen of which is in Annex 4 to this Decree,
(h) a description of the relationship between the petitioner and the bank whose shares the petitioner intends to acquire, for example, loans granted, including an indication of their amount and other conditions, long-term deposits with that bank, subordinated debt of the petitioner with that bank, or relations with persons with a special relationship to the bank (Section 19 of the Act);
(i) a declaration by the petitioner that all the particulars and documents submitted by him are up to date, complete and true.
Forms of the request for approval of the person entering into the control agreement with the bank or the person carrying out the legal act aimed at controlling the bank
(1) A person concluding a control agreement with a bank or carrying out another legal act aimed at controlling a bank pursuant to § 20 (3) of the Act shall proceed in accordance with § 8 and 9 of the Act:
(a) it does not submit the tables 2 B, 2 C and 12 set out in Annex 4 thereto;
(b) provide a justification for the intention to exercise a significant influence on the management of the bank and the paper documents referred to in paragraph 2.
(2) The documents referred to in paragraph 1 (b) shall be:
(a) the control contract or any other contract on the basis of which the control of the bank takes place;
(b) proof of origin of the funds from which the obligation against non-residents is fulfilled, (7) if a control contract is concluded,
(c) the documents referred to in Articles 8 (3) (a), 8 (3) (c) and 8 (3) (e), if they are natural persons, or in Article 9 (3) (a), (d) to (g) and (i), if they are legal persons,
(d) the written opinion of the supervisory authority of the bank in the country of its registered office on the intention to conclude a control agreement with the bank or to carry out any other legal act aimed at controlling the bank pursuant to Article 20 (3) of the Act; the same applies where the petitioner is a foreign financial institution (Paragraph 17a (3) of the Act), which is supervised by the authority of the State of its registered office; that statement may not exceed six months from the date of submission of the application,
(e) a description of the relationship between a person and a bank with whom a control contract is concluded or with which another legal act is carried out to control it, such as loans granted, including an indication of their amount and other conditions, long-term deposits with that bank, subordinated debt of a person with that bank, or relations with persons with a special relationship to the bank (Section 19 of the Act).
Persons acting in conformity
(1) Persons acting in accordance with Rule 20 (3) of the Act to grant consent to the acquisition or increase of qualifying holdings in a bank shall proceed in accordance with § 8 and 9:
(a) the basic data referred to in Table 11 of Annex 4 to this Decree; and
(b) the justification for the request, stating the facts referred to in Articles 8 (2) (b) and 9 (2) (b)
process persons acting in agreement together.
(2) If a person who is a person acting in agreement should at the same time reach or exceed the qualifying participation or the amount of the share referred to in Article 20 (3) of the Act itself, he shall also submit an application pursuant to paragraphs 8 and 9.
(3) Upon a change in the composition of persons acting in agreement, persons acting in agreement with the consent referred to in paragraph 1 shall request that Article 14 (1) and (2) be followed.
(4) The request for approval of the acquisition of a qualifying holding in a bank referred to in paragraph 1 shall also be submitted by persons who have previously acquired a participation in a bank in accordance with the law (without the consent or the necessary consent of the Czech National Bank) and have subsequently become persons acting in agreement, who will obtain a qualifying holding in total.
(5) Applications for persons acting in agreement shall be submitted by the person empowered to do so. Full powers from all persons acting in agreement are part of the request for approval of the Czech National Bank.
Forms of notification of a reduction of qualifying holdings in a bank
(1) If a qualified participation in a bank has been reduced in accordance with Article 20 (4) of the Act, the natural person, individual person - entrepreneur or legal person shall send the Czech National Bank a completed form Notification of a reduction of the qualifying participation in a bank, the model of which is in Annex 5 to this decree.
(2) Persons acting in agreement will send to the Czech National Bank the individual completed forms Notice of Reduction of Qualified Participation in the Bank, the model of which is in Annex 5 to this Order, through their authorised person. Similarly, a person who has ceased to be a person acting in agreement shall proceed.
FINAL PROVISIONS
Common provisions
(1) Applications and notifications under this Order are submitted to the Czech National Bank.
(2) The declaration shall be a document confirming the information required; for natural persons, the document shall take the form of a declaration of honour.
(3) If the application under § 4 (1) and § 5 (1) of the Act contains the activity referred to in § 1 (3) of the Act, the exercise of which is subject by a special law to the granting of authorisation by the competent authority (§ 1 (5) of the Act), this authorisation must be attached to the application.
(4) The application under Articles 4 (1), 5 (1) and 20 (3) of the Act and the notification under Article 20 (4) of the Act are signed by persons who are entitled to act as petitioners of the application or notification. The signature of these persons shall be officially certified. This is not the case if the application or notification is submitted by a bank whose current signature models are available to the Czech National Bank.
(5) Where the applicant has authorised another person to be represented pursuant to Articles 4 (1), 5 (1) and 20 (3) of the Act or the notification pursuant to Article 20 (4) of the Act, that person shall have full authority with the official signature of the principal. This power of attorney is part of the paper documentation accompanying the application.
(6) If, following the initiation of the administrative procedure, changes in the data in the application are made, the applicant shall immediately inform the Czech National Bank of such changes in writing.
(7) A request pursuant to Articles 4 (1) and 5 (1) of the Act shall be made in duplicate.
(1) The essential information given in the tables set out in Annex 4 to this Decree and the paper documents referred to in Sections 8 (3) and 9 (3) need not be provided if, at the same time, it is true that:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Order of the Czech National Bank No. 166 / 2002 Coll., laying down the terms of the application for a bank licence, the terms of the application for approval of the Czech National Bank for the acquisition or increase of a qualified participation in the bank, the person entering into the management contract with the bank or the person performing the legal act for the control of the bank and the particulars of the notification of a reduction of the qualifying participation in the bank or of the removal of the position of the controlling party against the bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2002 |
|---|---|
| Effective from | 01.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0