Decree No. 185 / 2022 Coll.
Decree amending Decree No. 246 / 2013 Coll., on the Statute for a Collective Investment Fund
Valid
Order
Effective from 01.07.2022
185
DECLARATION
of 23 June 2022
amending Decree No. 246 / 2013 Coll., on the Statute for a collective investment fund
The Czech National Bank provides pursuant to § 220 (3) of Act No. 240 / 2013 Coll., on investment companies and investment funds:
Decree No. 246 / 2013 Coll., on the Statute of the Collective Investment Fund, is amended as follows:
1. In Paragraph 2 (1), "12 'is replaced by" 13'.
2. In Paragraph 2 (1), at the end of point (k), the word "a 'is replaced by a comma and the following point (l) is added:
"(l) data on sustainability (§ 15a), and '.
Point (l) shall be renumbered as point (m).
3. Paragraph 2 (2) reads as follows:
"(2) The data referred to in Article 15a may be entered as a separate item of the Statute, provided that they have not already been included in the parts referred to in Article 8 and 9 or in other parts of the Statute with which they relate. The information provided for in Article 16 may be given in other parts of the Statute to which they relate. In the case of data pursuant to Articles 4 (1) (g), (h) and (j), 5 (1) (h), (i) and (k), 10 (1), 13 (1), 13 (3), (4) and (5), 16 (3) (d), (e), (f) and (h) and 19 (4) (f), the relevant section of the Statute may refer to the Annex to the Statute in which such data are given. ';
4. In Article 3 (1), the following shall be added at the end of point (a), including footnote 24: "and the standardised international legal entity identifier (LEI) 24, if assigned,
24) Commission Implementing Regulation (EU) 2021 / 955 of 27 May 2021 laying down implementing technical standards for the application of Regulation (EU) 2019 / 1156 of the European Parliament and of the Council as regards forms, templates, procedures and technical conditions for the publication and notification of marketing rules, fees and charges, specifying the information communicated for the purpose of establishing and maintaining a central database on cross-border marketing of AIFs and UCITS, as well as forms, templates and procedures for the communication of such information. ';
5. In Section 6, the text "(j) 'is replaced by" (k)'.
6. Paragraph 6 (2) reads as follows:
"(2) The indication of entrustment of a different activity involving the administration of a collective investmentfund (8) is an indication of the activity relevant to the collective investment fund which may be entrusted to another."
7. In Article 7 (2), at the end of the text in point (a), the words "that is not the case if the authorised person is authorised to provide investment services in a Member State of the European Union 'shall be added.
8. Paragraph 9 (1), including footnotes 25 and 26, reads as follows:
"(1) The risk profile of the collective investment fund shall be based on the risk-benefit ratio of the investment and shall be expressed primarily by the aggregate risk indicator. Article 8 (3) (d) (i) of the Regulation of the European Parliament and of the Council on key information communications (25) (" the PRIPs Regulation ') and Article 3 (1) and (2) and Annex 3 to the directly applicable European Union Regulation supplementing the PRIPs Regulation by laying down regulatory technical standards on the presentation, content, control and adaptation of key information and conditions for compliance with the requirement to provide such communications) shall apply mutatis mutandis to the presentation of a comprehensive risk indicator and the relevance of a verbal explanation.
(25) Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council of 26 November 2014 on key information documents relating to structured retail investment products and insurance-based investment products, as amended.
(26) Commission Delegated Regulation (EU) 2017 / 653 of 8 March 2017 supplementing Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council on key information communications concerning structured retail and insurance-based investment products by laying down regulatory technical standards on the presentation, content, control and adaptation of key information and conditions for compliance with the requirements for the provision of such communications, as amended. ';
9. Paragraph 10 (3), including footnote 10, reads as follows:
"(3) Article 15 to 19 and Annex 3 to the directly applicable European Union Regulation implementing Directive of the European Parliament and of the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (10) shall apply mutatis mutandis to the way in which the column diagram is presented, additional warnings and possible use of simulated historical performance values is made.
10) Commission Regulation (EU) No 583 / 2010 of 1 July 2010 implementing Directive 2009 / 65 / EC of the European Parliament and of the Council as regards key investor information and the conditions to be met when providing key investor information or prospectus on a durable medium other than paper or via a website. ';
10. In Paragraph 12 (1), at the end of point (f), the word "a 'is replaced by a comma.
11. in Article 12 (1), at the end of point (g), the dot is replaced by "a" and the following point (h) is added:
"(h) information on the conditions under which the administrator is not obliged to make good the damage caused by incorrect calculation of the actual value of the share sheet or shares (Section 193 (3) of the Act)."
12. in Article 13 (1) (c):
"(c) where the fee is charged on the basis of the annual movement of the value of the fund capital per share sheet or per share of the collective investment fund (hereinafter referred to as the" performance fee "), it shall express the total amount of remuneration which may be paid on the assets of the fund if the performance of the fund reaches a certain value compared to the designated benchmark or with the value or values of the previous or previous periods.";
13. In Paragraph 13, paragraphs 6 to 8 are added:
"(6) In the case of a performance fee, a description of the method for calculating the performance fee and a description of the different parameters referred to in paragraph 7 shall be provided.
(7) The description of the method for calculating the performance fee shall include:
(a) a reference indicator for measuring the relative performance of the Fund;
(b) how often the performance fee is charged and the date on which the fee is paid;
(c) the performance reference period;
(d) the amount of the performance fee;
(e) the methodology for calculating the performance fee, in particular on the basis of the parameters referred to in points (a) to (d); and
(f) the frequency of calculation of the performance fee.
(8) In the case of a performance fee, in addition to the information referred to in paragraph 7, examples of its calculation shall also be provided. If the performance fee calculation model allows the performance fee to be paid even in the case of negative performance, an explicit warning shall be given. ';
14. The following Section 15a is inserted after Section 15, including the title and footnotes 27 and 28:
Data on sustainability
[Paragraph 220 (1) (l) of the Law]
(1) Data on sustainability risks shall be reported in accordance with Article 6 (1) of Regulation (EU) 2019 / 208827 of the European Parliament and of the Council.
(2) Data relating to transparency requirements in the field of sustainability shall be provided in accordance with Articles 8 and 9 of the Regulation referred to in paragraph 1 and Article 5 to 7 of Regulation (EU) 2020 / 85228 of the European Parliament and of the Council.
(27) 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.
28) 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. '
15. In Section 16, the text "k) 'is replaced by" m)'.
16. in Paragraph 21 (2):
"(2) The Statute of the structured fund, instead of historical performance data, contains the performance scenarios of the fund. Article 8 (3) (d) (iii) of the PRIIPs Regulation and Article 3 of the directly applicable European Union Regulation supplementing the PRIPs Regulation by laying down regulatory technical standards on the presentation, content, control and adaptation of key information and conditions for the fulfilment of the requirement to provide such communications (26) shall apply mutatis mutandis to the calculation of the values and presentation of the performance scenarios of the Fund. ';
Transitional provisions
1. The Statute of the Special Fund shall be aligned with Article 9 (1) of Decree No. 246 / 2013 Coll., as effective from the date of entry into force of the Decree, within 3 months of the date of entry into force of the Decree.
2. The Statute of the structured fund shall be aligned with Article 21 (2) of Decree No. 246 / 2013 Coll., as effective from the date of entry into force of Article I (16), until 31 March 2023.
3. This Regulation shall be binding in its entirety and directly applicable in all Member States. I point 16 of the structured fund rules, instead of historical performance data, contains examples illustrating at least 3 performance scenarios of the fund, positive, neutral and negative. Article 36 of Commission Regulation (EU) No 583 / 2010 of 1 July 2010 implementing Directive 2009 / 65 / EC of the European Parliament and of the Council as regards key investor information and the conditions to be met when providing key investor information or a prospectus on a durable medium other than paper or through a website (10) shall apply mutatis mutandis to the presentation of the performance scenario of the Fund and the relevance of the verbal explanation.
4. The risk profile of a collective investment fund, which is a standard fund, may be expressed primarily by a synthetic indicator by 31 March 2023. Article 8 and Annex No 1 to Commission Regulation (EU) No 583 / 2010 of 1 July 2010 implementing Directive 2009 / 65 / EC of the European Parliament and of the Council as regards key investor information and the conditions to be met when providing key investor information or a prospectus on a durable medium other than paper or through a website shall apply mutatis mutandis to the presentation of the synthetic indicator and the relevance of the verbal explanation.
Efficacy
This Decree shall take effect on 1 July 2022, with the exception of Article I (16), which shall take effect on 1 January 2023.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 185 / 2022 Coll., amending Decree No. 246 / 2013 Coll., on the Statute for a Collective Investment Fund |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Koupě kotle na dřevo - rychlírna
Odborné učiliště Chroustovice, Zámek 1
MARO s. r. o. , obchod a projekce
178 027 CZK
11.07.2025
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