Decree No. 184 / 2022 Coll.
Decree amending Decree No. 244 / 2013 Coll., on the further modification of certain rules of the Act on Investment Companies and Investment Funds, as amended by Decree No. 52 / 2016 Coll.
Valid
Order
Effective from 01.08.2022
Text versions:
01.08.2022
30.06.2022
184
DECLARATION
of 23 June 2022
amending Decree No. 244 / 2013 Coll., on the further adaptation of certain rules of the Investment Companies and Investment Funds Act, as amended by Decree No. 52 / 2016 Coll.
According to Articles 20 (5), 22 (6), 30 (5), 47 (5), 49 (4), 58 (3), 196 (2), 234 (7), 238 (4), 291 (3), 389 (3), 405 (3), 478 and 638 (3) of Act No 240 / 2013 Coll., on investment companies and investment funds, as amended:
Decree No. 244 / 2013 Coll., on the further adaptation of certain rules of the Act on Investment Companies and Investment Funds, as amended by Decree No. 52 / 2016 Coll., is amended as follows:
1. the second paragraph of footnote 1 shall read:
"Articles 3 to 29 and Articles 38 to 40 of Commission Directive 2010 / 43 / EU of 1 July 2010 implementing Directive 2009 / 65 / EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, rules of conduct, risk management and the content of the contract between the depositary and the management company, as amended by Commission Delegated Directive (EU) 2021 / 1270. ';
2. footnote 2 shall read:
"(2) Commission Delegated Regulation (EU) No 231 / 2013 of 19 December 2012 supplementing Directive 2011 / 61 / EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositories, leverage effect, transparency and supervision, as amended. ';
3. in Article 1, point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
4. In Paragraph 1 (c), "6 'is replaced by" 7'.
5. At the end of § 2, the dot is replaced by a comma and the following points (l) and (m) are added:
"(l) the sustainability risk of the sustainability risk referred to in Article 2 (22) of Regulation (EU) 2019 / 208817 of the European Parliament and of the Council;
(m) sustainability factors for sustainability factors referred to in Article 2 (24) of Regulation (EU) 2019 / 2088.
17) Regulation (EU) 2019 / 2088 of the European Parliament and of the Council of 27 November 2019 on the publication of information related to sustainability in the financial services sector, as amended. ';
6. In Article 3 (1), the words "and within a regulated consolidation total4) ', including footnote 4, are deleted.
7. in Article 6 (1) (a):
"(a) identify in due time the areas of conflicts of interest and the areas of their possible creation, including conflicts of interest which may arise as a result of taking into account the risks related to sustainability in the management and control system, the risk management system and the internal control system;"
8. In Paragraph 8, at the end of point (g), the word "a 'is replaced by a comma.
9. In Section 8, the dot at the end of point (h) is replaced by a comma and the following points (i) and (j) are added:
"(i) laying down requirements to ensure that, in compliance with the rules of conduct laid down in Article 22 (1) of the Act, workers and persons responsible for carrying out an individual activity, which includes management, take into account:
1. sustainability risks; and
2. the main adverse effects of investment decisions on sustainability factors, provided that the manager and administrator of an investment fund or foreign investment fund publishes and maintains declarations of due diligence policies in relation to those impacts pursuant to Article 4 (1) (a) or Article 4 (3) and (4) of Regulation (EU) 2019 / 2088 of the European Parliament and of the Council;
(j) laying down rules which, for the purposes of fulfilling the obligations under (e) to (g), contain a procedure for the provision of the necessary resources and expertise to take effective account of sustainability risks. ";
10. in Article 9 (1), the word "a" shall be deleted at the end of (c);
11. in Article 9 (1), at the end of point (d), the dot is replaced by "and" and the following point (e) is added:
"(e) take into account the risks related to sustainability in the performance of the following activities:
1. the approval, implementation and evaluation of investment policy, investment strategies and system of limits;
2. ongoing checks on compliance with the legislation referred to in Article 18;
3. ensuring the essential requirements laid down for the management and control system pursuant to § 3 (1) and (2);
4. ensuring the requirements of the risk management system pursuant to Sections 14 and 15. ';
12. In the first sentence of Article 14 (3), the words "including sustainability risks' shall be inserted after the word" risks'.
13. The following Sections 28a and 28b are inserted after Section 28, including the headings and footnotes 18:
Taking into account sustainability risks
[Articles 20 (1) (a) and (b) and 47 (1) (a) of the Law]
The manager and administrator of the standard fund or foreign standard fund shall take into account the sustainability risks, taking into account the nature, scale and complexity of their business, in:
(a) the management and control system of the manager and administrator;
(b) the activities of the persons by whom they operate;
(c) the internal control system;
(d) internal and external communication systems;
(e) control and security measures for the processing and recording of information.
Performance fees
[K § 20 (2) (c) of the Act]
The manager of a qualifying investor fund, which is not exclusively addressed to professional customers under the law governing the capital market business, shall, in the Statute of such a fund, lay down rules on how performance fees are to be determined and paid in a similar manner to those laid down in the Statute of the collective investmentfund (18).
18) Decree No. 246 / 2013 Coll., on the Statute of the Collective Investment Fund, as amended. '
14. Part Three, including the title and footnotes 7 and 8, is deleted.
15. In the heading of Section 42, "6 'is replaced by" 7'.
16. In Paragraph 42, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The annual report, consolidated annual report or half-yearly report need not contain the information referred to in paragraph 1 where it contains, on the basis of another legislation, financial statements certified by the auditor as part of that report. ';
17. in Paragraph 42h (5):
"(5) The data and documents referred to in this Decree are submitted according to their nature either via the Internet interface of the Czech National Bank for the collection of information obligations, via the public data network into the data box, or to the e-mail office of the Czech National Bank in electronic form with a text layer."
18. In Paragraph 48, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In determining the amount of own funds of an investment fund, only the items and deductions referred to in Paragraph 47 which do not relate to the investment activity of an investment fund or sub-funds created by it shall apply. ';
19. In Annex 2, point (m) is replaced by the following:
"(n) information on the facts referred to in Article 11 (1) of Regulation (EU) 2019 / 208817 of the European Parliament and of the Council and Articles 5 to 7 of Regulation (EU) 2020 / 85219 of the European Parliament and of the Council.
(19) Regulation (EU) 2020 / 852 of the European Parliament and of the Council of 18 June 2020 establishing a framework for facilitating sustainable investment and amending Regulation (EU) 2019 / 2088. '
Efficacy
This decree shall take effect on 1 August 2022.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 184 / 2022 Coll., amending Decree No. 244 / 2013 Coll., on the further modification of certain rules of the Act on Investment Companies and Investment Funds, as amended by Decree No. 52 / 2016 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2022 |
|---|---|
| Effective from | 01.08.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Securities
Finance
The regulation text is for informational purposes only.
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