Decree No. 171 / 2014 Coll.
Decree amending Decree No. 233 / 2009 Coll., on applications, approval of persons and method of demonstrating professional competence, credibility and experience of persons, as amended
Valid
Effective from 01.09.2014
171
DECLARATION
of 8 August 2014
amending Decree No 233 / 2009 Coll., on applications, authorisation of persons and the method of demonstrating the competence, credibility and experience of persons, as amended
The Czech National Bank, pursuant to § 4 (8), § 20 (4) of Act No. 21 / 1992 Coll., on Banks, as amended, pursuant to § 2a (1), § 2b (4) of Act No. 87 / 1995 Coll., on Savings and Credit Cooperatives and certain measures related thereto and on the addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended, as amended, pursuant to § 199 (2) of the Act No. 256 / 2004 Coll., on Business in the Capital Market, as amended, as amended, in implementation of § 7 (2), § 47 (1) and § 104a (1) of the Act on Capital Market Enterprise Act, and under § 170 of Act No. 427 / 2011 Coll., on Supplementary Pension Association, as amended regulations, as amended by the Act on the implementation of Section 44 (1 of the Supplementary Pension Act:
Decree No 233 / 2009 Coll., on applications, approval of persons and method of demonstrating professional competence, credibility and experience of persons, as amended by Decree No. 192 / 2011 Coll., Decree No. 58 / 2012 Coll., Decree No. 372 / 2012 Coll. and Decree No. 248 / 2013 Coll., are amended as follows:
1. in Paragraph 1 (1) (f), the words "(the regulated legal person)" shall be deleted;
2. In Article 2 (g), in the introductory part of the provision, the word "regulated 'is deleted.
3. In Article 2 (g), the words "or after which a person is to be controlled 'shall be added at the end of the text of point 1.
4. In Article 2 (g) (3) to (6), the word "regulated 'is deleted.
5. In Article 2 (g) (6), the words "or the control of a legal person" shall be inserted after the words "the voting rights of a legal person."
6. In Article 2 (h), at the end of point 3, the words "including the scope of the powers and responsibilities associated with this activity and the number of persons managed 'are added.
7. in Article 4 (1) (a):
"(a) a social contract, a charter or statutes,"
8. in Article 4 (2) (a), "§ 3 (2), (3) and (4)" shall be replaced by "§ 3 (2) and (3)";
9. in Article 4 (3) (h), the word "regulated" shall be deleted;
10. in Article 4 (3) (i):
"(i) a description of the fact on the basis of which the person listed in point (a) becomes the person controlling the applicant when the control takes place.";
11. in Article 5 (e):
"(e) a list of the heads of directors [§ 2 (j) (2) or (3)], ';
12. in Article 5, the following points (f) and (g) are inserted after point (e):
"(f) for each manager referred to in point (e):
1. a list of the functions in the authorities of other legal entities which it intends to perform in parallel with the performance of the management function in the bank or the cooperative advance, indicating the trading firm or the name of the legal entity in which the function is to be performed, the identification number of the person and the name of the function, including whether the function is an executive or non-executive member;
2. an overview of the financial and personnel relations of the person and persons close to him or her to the bank's managers or the cooperative reserve, the legal person controlling the bank or the cooperative reserve and the legal person controlled by the bank; and
3. a concise concept of the performance of the duties of Head of Mission,
(g) the applicant's report on the results of the evaluation of the suitability of the lead listed in point (e) for the performance of the function to which it is proposed, with regard to compliance with the requirements of credibility, competence and experience of that person; and ';
Point (f) shall be renumbered as point (h).
13. in Paragraph 8 (1), the words "paragraphs 1 and 2" shall be inserted after the words "Paragraph 4" and at the end of the paragraph "2 and 3" shall be replaced by "2 to 4."
14. In Article 8, the following paragraph 4 is added:
"(4) Annexes containing information on persons having qualified participation in the applicant and persons closely linked to the applicant shall be:
(a) a list of persons who have qualified participation in the applicant and persons who, acting in agreement with another person, have qualified participation in the applicant; and
(b) the information and documents referred to in Article 4 (3) (b) to (i), unless otherwise provided for in the directly applicable European Union Regulation (19).
19) Commission Regulation containing a complete list of the information to be provided for the notification of the proposed acquisition of a qualifying holding in a securities dealer. ';
15. In Part Two, Title VI, "CONFORMITY TO QUALIFIED PARTICIPATION OR CLEARANCE '.
16. In Section 18, the words "or to control 'shall be added at the end of the title and the words" Paragraph 10d (4)' shall be deleted in brackets.
17. in Paragraph 18 (1):
"(1) A request for prior consent to acquire or increase a qualifying holding in a legal entity that is a bank, a cooperative reserve, an organised market operator, a CSD, a central counterparty, a pension company (hereinafter referred to as" a regulated legal entity "), or to exercise control of that person shall be submitted on a form the model of which is set out in Annex 7 to this Regulation. ';
18. in Paragraph 18 (2) (b), "funds" is replaced by "resources."
19. in Article 18 (2) (e) to (i), including footnote 15:
"(e) a description of the relationship between the applicant and the regulated legal person in which the applicant intends to acquire or increase qualified participation or to dominate, and of the relationship of the applicant with persons with a special relationship with that legal person, at least to persons who are leaders, members of the Supervisory Board or members of the Supervisory Board of the regulated legal person, in the case of cooperative advances, as well as persons elected to the credit committee;
(f) the original of the written opinion of the authority which oversees the applicant in the country of his registered office for the purpose of obtaining or increasing a qualified participation in or controlling the regulated legal person, if the applicant is located outside the territory of the Member State in which such supervision is exercised in the country of his registered office;
(g) strategic plan [§ 2 (g)];
(h) a list of persons who, acting in agreement with the applicant, have, acquire or increase qualified participation in, or control the regulated legal person, with an indication of 5) those persons, indicating the amount of the share or other form of participation in the regulated legal person, and a description of the fact on which the conduct is based; and
(i) a description of the facts on the basis of which the regulated legal person is controlled, if the applicant is to be the controlling person (15), and of the documents of origin of the financial resources to be used for the purchase of a non-controlling shareholder's share.
15) Sections 74 and 75 of Act No. 90 / 2012 Coll., on Commercial Companies and Cooperatives (Commercial Corporation Act). '
20.
Consent to acquire or increase qualifying holdings in or control of a securities dealer
A request for prior consent to acquire or increase a qualifying holding in a legal person who is a trader of securities or to take over that person shall be made on a form the model of which is set out in Annex 7 to this Order. The application shall be accompanied by the information and documents referred to in Article 18 (2) to (5), unless otherwise specified in the directly applicable European Union19. ';
21. In Paragraph 20 (1), the words "or to control" shall be inserted after the words "regulated legal person."
22. Paragraph 20 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
23. in Article 20 (2) (d):
"(d) a description of the facts on the basis of which the regulated legal person is controlled and the proof of origin of the financial resources to be used to buy up the share of a non-controlling shareholder."
24. In Annex 1, Table 5a and Annex 5, Part 3C, Table (a), the following row is inserted after the line beginning with "Lease of Safety Cells':" Implementation of the administration of investment funds and foreign investment funds' and in the last row of these tables the words "paragraph 3 (a) to (n) 'are replaced by the words" paragraph 3 (a) to (o)'.
25. In Annex 3, point 8.1 and Annex 4, point 7.1, the words "(whether or not the conviction has been subsequently destroyed) 'are inserted after the words" an offence'.
26. In Annex 3, point 9.1, and in Annex 4, point 8.1, the word "start 'is replaced by the word" led' and the following text on the question is inserted after the word "details', including the reason why proceedings may be terminated, '.
27. The heading of Annex 13 reads: "Questionnaire related to the acquisition of qualifying holdings."
Efficacy
This Decision shall enter into force on 1 September 2014.
Governor:
Ing. Singer, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 171 / 2014 Coll., amending Decree No. 233 / 2009 Coll., on applications, approval of persons and method of proving professional competence, credibility and experience of persons, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.08.2014 |
|---|---|
| Effective from | 01.09.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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