Act No. 171 / 2018 Coll.
Law amending certain laws in connection with the adoption of the Insurance and Reinsurance Distribution Act
Valid
Effective from 01.12.2018
171
THE LAW
of 18 July 2018
amending certain laws in connection with the adoption of the Insurance and Reinsurance Distribution Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 2004, Act No. 6 / 1999, Act No. 6 / 1997 Coll., Act No. 6 / 1996 Coll., Act No. 95 / 1996 Coll.
1. in Paragraph 3 (3) (a):
"(a) the activity of bank11), the provision of payment services 11a), the issuance of electronic money 11a), the operation of payment systems with irrevocability of settlement 11a), the exchange activity 11d), the activity of insurance companies, insurance intermediaries or accredited persons under the law governing the distribution of insurance and reinsurance, pension funds 12a), pension companies 55), savings and credit cooperatives 12b), commodity exchanges 8b), agents of regulated markets13b), the activities of persons carrying out securities 13b), the activities of persons carrying out securities and the transfer of investment advisations13b) and the activities of persons engaged in the management or administration of investment funds or foreign investment funds, and the activities of persons carrying out securities transactions 13b).
2. In Annex 2 "LIABILITIES LIABILITIES ', in column 1" Subject matter of business', for the subject of business "Activity of accounting advisors, keeping accounts, keeping tax records', the following business subject" Activity of separate claims liquidators' and column 2 "Required professional competence 'is inserted:" Medium education with senior education'.
Transitional provisions
1. Any person who has been authorised to engage in the activity of a separate liquidator of claims before the date of entry into force of this Act may operate in accordance with Act No. 38 / 2004 Coll., on insurance intermediaries and liquidators of claims, as effective before the date of entry into force of this Act, until he has declared the business tied, but no longer than 3 months after the date of entry into force of that Act.
2. The report of the business linked in accordance with point 1 shall not be subject to an administrative fee.
Amendment of the Act on Insurance and Export Financing with State Aid
Act No. 58 / 1995 Coll., on Insurance and Financing of Exports with State Aid and supplementing Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended, as amended, as amended, Act No. 60 / 1998 Coll., Act No. 188 / 1999 Coll., Act No. 282 / 2002 Coll., Act No. 377 / 2005 Coll., Act No. 23 / 2006 Coll., Act No. 293 / 2009 Coll., Act No. 230 / 2013 Coll., Act No. 220 / 2015 Coll. and Act No. 371 / 2017 Coll., is amended as follows:
1. In Paragraph 4 (1), the third sentence is replaced by the following: "The Export Insurance Corporation is not an insurance undertaking under the Insurance Act and its activities are subject to the conditions of the Insurance Act concerning the operation of non-life insurance and reinsurance and supervision by the Czech National Bank of this activity only to the extent that they are not covered by this Act."
2. In Paragraph 4 (1), the following sentence is inserted after the third sentence: "For supervisory purposes under the Act governing the activities of the Czech National Bank, the Export Insurance Corporation is considered as an insurance company. The law governing the distribution of insurance and reinsurance shall not apply to the distribution of insurance and reinsurance. The distribution of insurance and reinsurance by the Export Insurance Corporation shall be authorised by the Export Insurance Corporation and distributors fulfilling the conditions laid down by law governing the distribution of insurance and reinsurance for the distribution of non-life insurance to the extent of insurance risks and reinsurance referred to in Article 1 (2). ';
3. In Paragraph 4a, the following paragraph 4 is added:
"(4) The value of the technical provisions of the Export Insurance Corporation is equal to the sum of the value of the best estimate established under the Insurance Act and the value of the risk premium. The value of the risk premium shall be calculated separately from the value of the best estimate as the cost of procuring the eligible own funds required to meet the Minimum Capital Requirement referred to in paragraph 3. For the calculation of the risk premium, the European Union implementing legislation governing access to and pursuit of the insurance and reinsurance business shall apply mutatis mutandis, with the minimum capital requirement being considered to be equal to the minimum capital requirement of the reference insurance or reinsurance undertaking for the duration of the insurance and reinsurance obligations operated by the Export Insurance Corporation as provided for in this European Union legislation. ';
Transitional provision
Paragraph 4a (4) of Act No. 58 / 1995 Coll., on Insurance and Financing of Exports with State Aid and on the addition of Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended, as effective from the date of entry into force of this Act, is first used for the calculation of the value of the technical provisions of the Export Insurance Corporation for 2018.
Amendment to the Financial Arbiter Act
Act No. 229 / 2002 Coll., on Financial Arbiter, as amended by Act No. 558 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 180 / 2011 Coll., Act No. 241 / 2013 Coll., Act No. 278 / 2013 Coll., Act No. 336 / 2014 Coll., Act No. 378 / 2015 Coll. and Act No. 452 / 2016 Coll., is amended as follows:
1. in Article 1 (1) (e), the words "offering, providing or brokering life insurance" are replaced by the words "distributing life insurance or exercising rights and fulfilling life insurance obligations."
2. in Paragraph 1 (1) (h):
"(h) a person providing investment services in the provision of investment services;"
3. in Article 3 (1) (e), the words "offering, providing or brokering life insurance" shall be replaced by the words "distributing life insurance or exercising rights and fulfilling life insurance obligations."
4. in Article 3 (1) (h):
"(h) the person providing investment services in the provision of investment services;"
5. § 12a reads:
(1) Arbiter uses data for the performance of tasks under this Act
(a) from the population base register;
(b) from the population registration information system;
(c) from the information system of foreigners,
(d) a basic register of legal persons, natural persons and public authorities,
(e) from the real estate register.
(2) The data used under paragraph 1 (a) are:
(a) the name and, where appropriate, the name and surname;
(b) the date, place and district of birth of the data subject who was born abroad, the date, place and state where he was born;
(c) the date, place and district of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or, where appropriate, as the day on which it did not survive, and the date on which the decision was acquired;
(d) the address of the place of stay and, where appropriate, the address to which the documents are to be served; and
(e) citizenship and, where appropriate, multiple citizenship.
(3) The data used under paragraph 1 (b) are:
(a) the name and, where appropriate, the name and surname;
(b) birth number,
(c) date of birth;
(d) the place and district of birth and the state citizen of the Czech Republic, who was born abroad, the place and state where he was born,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the limitation of incapacity, the name and, where applicable, the names, surnames and guardian's birth number; If the guardian has not been assigned a birth number, the date, place and district of his birth and the guardian who was born abroad, the place and state where he was born,
(g) the name and, where applicable, the name, surname and birth number of the father, mother or other legal representative or guardian,
(h) the date, place and district of death; if the death of a Czech national is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(i) the date given in the court's decision on the death declaration as the day of death or, where appropriate, as the day which he did not survive;
(j) the address of the place of permanent residence, including the previous addresses of the place of permanent residence and, where appropriate, the address to which the documents are to be served; and
(k) the beginning of the permanent residence or the date of cancellation of the residence or the date of termination of the permanent residence in the Czech Republic.
(4) The data used under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) birth number,
(c) date of birth;
(d) the place and state of birth; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship or nationality, where appropriate;
(f) the type and address of the place of residence in the Czech Republic, where the place of residence of the administrative authority is the place of residence, also indicating that it is the address of the Office or, where appropriate, the address to which the documents are to be served under another legislation;
(g) the number and validity of the residence permit;
h) the beginning of the stay or the date of termination of the stay in the Czech Republic,
(i) limitation of inefficiency;
(j) the name and, where applicable, the name, surname, surname, nationality or nationality of the child, if any, if he is a stranger, and his / her birth number; where the child has not been assigned a birth number, the name or, where applicable, the names, surnames, surname and date of birth;
(k) the name and, where appropriate, the name, surname, surname, nationality, nationality of the father, mother or other legal representative, if any, if any, and their birth number; where one of the parents or other legal representative is not assigned a birth number, name or, where applicable, name, surname, surname and date of birth;
(l) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person declaration took effect and the date on which the decision of the court on the missing person's declaration was acquired, the date on which the decision of the court on the revocation of the missing person's declaration was acquired;
(m) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in which the death occurred, or the date of death; and
(n) the date indicated in the court's decision on the death declaration as the day of death or, as the case may be, the day on which the alien declared dead did not survive, the date on which the court's decision on the death declaration was acquired, the date on which the court's decision on the annulment of the death declaration was taken.
(5) The data used pursuant to paragraph 1 (d) shall, in addition to publicly available data:
(a) the name and, where appropriate, the names of the natural person or foreign person involved; and
(b) the address of the place of residence in the Czech Republic or, where applicable, the place of residence abroad of the trading natural person or foreign person.
(6) The information referred to in paragraph 1 (e) is entitled to use the financial arbitrator free of charge.
(7) From the data referred to in paragraphs 2 to 5, only such data as are necessary to fulfil the task may be used in a particular case.
(8) Data which are referred to as reference data in the population base register shall be used from the population information system or the alien information system only if they are in the form preceding the current situation. "
6. in Paragraph 14 (1) (a), the word "arbiter" shall be deleted;
7. In Paragraph 14 (1) (b), the words "did not eliminate the shortcomings of the proposal or 'shall be inserted after the word" the appellant'.
8. Paragraph 14 (2) reads as follows:
"(2) If a solution to the dispute by its legal or factual complexity would seriously jeopardise the purpose of the arbitration procedure, the arbitration may stop the proceedings within 60 days of the date of its initiation, even if it invites the appellant to remedy the deficiencies of the proposal within that period; the appellant must be instructed accordingly by the arbitrator. The 60-day period shall not run from the date of receipt of the call by the arbitrator to the date of correction of the deficiencies. The 60-day period shall not run even from the date of receipt of the call to the institution pursuant to Article 11 or Article 12 (6) until the date on which the institution fulfils the obligation imposed by that call. ';
Amendment of the Administrative Charges Act
Item 65 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 56 / 2006 Coll., Act No. 230 / 2008 Coll., Act No. 420 / 2009 Coll., Act No. 188 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 37 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll., Act No. 148 / 2016 Coll., Act No. 204 / 2016 Coll. and Act No. 258 / 2016 Coll., is amended as follows:
1. in point 3, points (a) and (b) are deleted;
Points (c) and (d) shall be renumbered (a) and (b).
2. the following points (t) to (v) are added to point 9:
| „t) | udělení oprávnění k činnosti samostatného zprostředkovatele podle zákona upravujícího distribuci pojištění a zajištění | Kč 10 000 |
| u) | akreditaci podle zákona upravujícího distribuci pojištění a zajištění | Kč 25 000 |
| v) | prodloužení akreditace podle zákona upravujícího distribuci pojištění a zajištění | Kč 25 000“. |
3. in point 11, the following points (c) and (d) are added:
| „c) | oprávnění k činnosti vázaného zástupce podle zákona upravujícího distribuci pojištění a zajištění | Kč 2 000 |
| d) | oprávnění k činnosti doplňkového pojišťovacího zprostředkovatele podle zákona upravujícího distribuci pojištění a zajištění | Kč 2 000“. |
4. in point 12, the following points (h) to (j) are added:
| „h) | oprávnění k činnosti samostatného zprostředkovatele podle zákona upravujícího distribuci pojištění a zajištění | Kč 5 000 |
| i) | oprávnění k činnosti vázaného zástupce podle zákona upravujícího distribuci pojištění a zajištění | Kč 1 000 |
| j) | oprávnění k činnosti doplňkového pojišťovacího zprostředkovatele podle zákona upravujícího distribuci pojištění a zajištění | Kč 1 000“. |
5. the following shall be inserted after point 12:
"Exemption
The first registration of a person registered as an insurance intermediary at the date of entry into force of Act 170 / 2018 Coll., on the distribution of insurance and reinsurance, shall be exempt from the fee referred to in points 11 (c) and (d). ';
6. In the second sentence, "or (g) 'is replaced by", (g), (i) or (j)';
Transitional provision
For the fee obligations under item 65 of the Annex to Act No. 634 / 2004 Coll., as effective before the date of entry into force of this Act, as well as for the rights and obligations related thereto, Act No. 634 / 2004 Coll., as effective before the date of entry into force of this Act shall apply.
Amendment of the Insurance Act
Act No. 277 / 2009 Coll., on Insurance, as amended by Act No. 409 / 2010 Coll., Act No. 188 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 99 / 2013 Coll., Act No. 228 / 2013 Coll., Act No. 241 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 375 / 2015 Coll., Act No. 304 / 2016 Coll., Act No. 368 / 2016 Coll., Act No. 56 / 2017 Coll., Act No. 183 / 2017 Coll., is amended as follows:
1. Paragraph 6 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
2. In Article 7 (1), at the end of point (b), the word "a 'is replaced by a comma.
3. In Article 7, at the end of paragraph 1, the dot is replaced by "a 'and the following point (d) is added:
"(d) procedures for the approval of each insurance product and its significant changes prior to its distribution to customers under the law governing the distribution of insurance and reinsurance."
4. in Article 120 (2), point (h) is deleted;
Points (i) to (k) shall be renumbered as points (h) to (j).
Amendment of the Civil Code
Act No. 89 / 2012 Coll., Civil Code, as amended by Act No. 460 / 2016 Coll., Act No. 303 / 2017 Coll. and Act No. 111 / 2018 Coll., is amended as follows:
1. In Paragraph 1811 (3), the word "a 'shall be deleted at the end of point (a).
2. In Article 1811, at the end of paragraph 3, the dot is replaced by "a 'and the following point (c) is added:
"(c) the financial service."
3. in Article 1840 (1), the following point (f) is inserted after point (e):
"(f) the financial service,"
Points (f) to (i) shall be renumbered as points (g) to (j).
4. The following Section 1844a is inserted after Section 1844:
(1) If the consumer is contacted by a telephone, the consumer must be informed of the business purpose of the call at the beginning of each call and of the details used to determine the identity of the entrepreneur.
(2) Where, in the case referred to in paragraph 1, the consumer gives his consent, the information referred to in Article 1843 (1) may be disclosed only to the consumer and his relationship with the consumer, the main characteristics of the financial service and the information referred to in Article 1843 (1) (d), (e) and (g).
(3) Furthermore, in the case referred to in paragraph 1, the entrepreneur shall inform the consumer that further data are available on request and the nature of such data. The obligation for an entrepreneur to provide data subsequently under the conditions and to the extent set out in Paragraph 1845 is without prejudice to this provision. '
EFFECTIVE
That law shall take effect on the first day of the fourth calendar month following its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 171 / 2018 Coll., amending certain laws in connection with the adoption of the Insurance and Reinsurance Distribution Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.2018 |
|---|---|
| Effective from | 01.12.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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