Act No. 180 / 2011 Coll.
Act amending Act No. 229 / 2002 Coll., on Financial Arbiter, as amended, and other related laws
Valid
Law
Effective from 01.07.2011
Text versions:
01.07.2011
30.06.2011
180
THE LAW
of 9 June 2011
amending Act No. 229 / 2002 Coll., on Financial Arbiter, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
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. and Act No. 285 / 2009 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
Dispute settlement
(a) payment service providers and payment service users when providing payment services;
(b) electronic money issuers and electronic money holders in the issuing and re-exchange of electronic money;
(c) creditors or intermediaries and consumers when offering, providing or brokering consumer credit (1);
(d) investment funds, investment companies or foreign investment companies and consumers from standard collective investment funds and special collective investment funds which collect money from the public;
where the jurisdiction of the Czech court is otherwise given to the decision of the dispute, the financial arbitrator (hereinafter referred to as "arbitrator") shall also be responsible. The negotiation of an arbitration agreement shall not preclude the jurisdiction of the arbitrator. In particular, Arbiter seeks to resolve the dispute amicably.
1) Act No. 145 / 2010 Coll., on Consumer Credit and on the amendment of certain laws. '.
2. footnotes 1a to 2 are deleted.
3. The following Section 1a is inserted after Section 1:
(1) The tasks associated with the professional, organisational and technical security of the arbiter's activities are carried out by the Office of the Financial Arbiter, which is an organisational component of the State, the entity and the revenue and expenditure of which are part of the budget chapter of the Ministry of Finance.
(2) The Office of the Financial Arbiter is headed by the Arbiter.
(3) The organisation and tasks of the Financial Arbiter Office are governed by the statute issued by the Arbiter.
(4) The employment and remuneration of arbiter, representative of arbiter and other staff at the Financial Arbiter's Office is governed by the Labour Code. '
4.
(1) For the purposes of this Act, an institution means a creditor or intermediary when offering, providing or brokering consumer credit, an investment fund, an investment company, a foreign investment company, a payment service provider and an electronic money issuer.
(2) For the purposes of this Act, the applicant is a payment service user in the case of disputes referred to in § 1 (a), an electronic money holder in the case of disputes referred to in § 1 (b) and a consumer in the case of disputes referred to in § 1 (c) and (d).
(3) The consumer shall be understood as a natural person who does not act in the course of his business or in the context of the independent exercise of his profession. ';
5. Paragraph 4 (1) reads as follows:
"(1) The Government, acting on a proposal from the Minister of Finance for a term of office of five years, shall appoint Arbitra and the representative of the Arbiter from among persons fulfilling the conditions laid down by this Law. The terms of office shall begin on the date of appointment, if the office of arbitrator or his representative is vacant, otherwise the day following the date of expiry of the term of office of the former arbitrator or his representative. The Government shall appoint an arbiter or an arbiter representative no later than 2 months before the proper expiry of the term of office of the arbiter or an arbiter representative [Paragraph 6 (3) (a)]. In other cases [Paragraph 6 (3) (b), (c), (d)] the Government shall appoint an arbiter or an arbiter representative in such a way that the period from the date of termination of the office of the arbiter or an arbiter representative until the date of appointment of the new arbiter or an arbiter representative does not exceed 2 months. '
6. In Article 4 (2), the word "elected 'is replaced by the word" appointed' and the word "fair 'is inserted after the words" which are'.
7. In Paragraph 4 (4), "choice 'is replaced by" appointment'.
8. Paragraph 4 (5) reads as follows:
"(5) A person who has been convicted of an intentional offence, an offence against property, an economic offence or an offence committed in connection with terrorist financing shall not be deemed to be righteous unless his conviction for a criminal offence has been destroyed or, for other reason, is regarded as not being convicted. '
9. In Paragraph 5 (2), the words "to the Chamber of Deputies' are replaced by the words" to the Government '.
10. in Article 5 (3), the words "and the Government" shall be inserted after the words "to the Chamber of Deputies" and the words "set out in Article 1 (2)" shall be deleted;
11. in Article 6 (3), the words "an offence against property, an economic offence or an offence committed in connection with terrorist financing shall be added at the end of the text in point (b);"
12. in Article 6 (3) (c), the words "to the President of the Chamber of Deputies" shall be replaced by the words "to the Prime Minister."
13. in Article 7 (1), the words "Chamber of Deputies" are replaced by the words "Government."
14. in Article 7 (2), the words "Chamber of Deputies" shall be replaced by the words "Government" and the words "or repeatedly" shall be inserted after the words "in a manner."
15. in Article 12 (7), the words "Czech National Banks" are replaced by the words "the Financial Arbiter's Office";
16. In the first sentence of Paragraph 17a (1), the amount "10 000 CZK" is replaced by "15 000 CZK"; in the second sentence, the amount "10 000 CZK" is replaced by "15 000 CZK" and at the end of paragraph 1 the sentence "Penalties is the income of the state budget."
17. in Article 17a, paragraph 2 shall be deleted and the designation of paragraph 1 shall be deleted;
18.
Arbitra may exempt only the government from the obligation of confidentiality of facts which he has learned in the course of his activities under this law. '
19. Paragraph 23 (8) reads:
"(8) The fine is the income of the state budget. '
Transitional provisions
1. An institution which has not yet been obliged to comply with the information obligation under Article 19 of Act No. 229 / 2002 Coll., as effective until the date of entry into force of this Act, shall comply with the information obligation under Article 19 of Act No. 229 / 2009 Coll., as effective from the date of entry into force of the Act, no later than 3 months after the date of entry into force of that Act.
2. Act No. 229 / 2002 Coll., as effective from the date of entry into force of this Act, also applies to the performance of the function of financial arbitrator and his representative elected by the Chamber of Deputies.
3. The term of office of a representative of a financial arbitrator appointed by the Government for the first time after the date of entry into force of this Act shall be 2 years.
4. The employees of the Czech National Bank working for the financial arbiter on the basis of written agreements to be assigned to the financial arbiter concluded between the Czech National Bank and these employees become employees of the Czech Republic registered in the Office of the Financial Arbiter. The rights and obligations arising from the employment relations of these employees are transferred from the Czech National Bank to the Czech Republic, for which it acts and the rights and obligations on its behalf are exercised by the Office of the Financial Arbiter.
5. Property owned by the Czech National Bank, with the exception of real estate, which, on the date preceding the date of entry into force of this Act, used a financial arbitrator to perform the tasks laid down by the law and which is necessary for the performance of the duties of the financial arbitrator under Act No. 229 / 2002 Coll., as effective until the date of entry into force of this Act, passes the date of entry into force of this Act for consideration into the ownership of the Czech Republic. Liabilities related to this property become liabilities of the Czech Republic on the date of entry into force of this Act. The competence to manage this property and to carry out its related liabilities belongs to the Financial Arbiter's Office. The amount of remuneration for this property derived from its book value and the extent of the compensation of related liabilities shall be determined by an agreement between the Czech National Bank and the Czech Republic - Ministry of Finance. The Czech National Bank and the Financial Arbiter Office shall draw up a report on the transfer and taking over of these assets and liabilities within one month of the date of entry into force of this Act. The Protocol shall contain a definition of the assets and liabilities. Similarly, intellectual property rights are being pursued.
Amendment of the Labour Code
Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 585 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 362 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 320 / 2009 Coll., Act No. 326 / 2009 Coll., and Act No. 347 / 2010 Coll., is amended as follows:
1. In Article 5 (5), the words ", financial arbiter, financial arbiter 'shall be inserted after the words" representative of the Ombudsman'.
2. footnote 5 shall read:
"(5) Act No. 312 / 2002 Coll., on civil servants of local authorities and amending certain laws, as amended. Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. Act No. 349 / 1999 Coll., on the Ombudsman, as amended. Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on the Social Protection of Children (Law on Probation and Mediation Service). Act No. 229 / 2002 Coll., on Financial Arbiter, as amended. '
3. In Article 124 (3), the words "financial arbitrator 'shall be inserted after the words" Head of the Ombudsman's Office'.
4. in Paragraph 303 (1) (b), the following point 11 is inserted after point 10:
"11th Financial Arbiter's Office,"
Points 11 to 16 shall be renumbered 12 to 17.
Amendment of the Act on the organisation and implementation of social security
In Article 36 (z) of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 360 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 158 / 2009 Coll., Act No. 309 / 2002 Coll., Act No. 424 / 2003 Coll., Act No. 189 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 436 / 2004 Coll., Act No. 168 / 2005 Coll.
Amendment to the sickness insurance law
In Article 92 (2) (l) of Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 181 / 2007 Coll., Act No. 41 / 2009 Coll., Act No. 158 / 2009 Coll. and Act No. 303 / 2009 Coll., the words "Czech National Bank 'are replaced by the words" Office of Financial Arbiter'.
EFFECTIVE
This Law shall take effect on 1 July 2011.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 180 / 2011 Coll., amending Act No. 229 / 2002 Coll., on Financial Arbiter, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2011 |
|---|---|
| Effective from | 01.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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