Decree No. 200 / 2020 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
Order
Effective from 01.05.2020
Text versions:
01.05.2020
27.04.2020
200
DECLARATION
of 20 April 2020
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 provides pursuant to § 4 (8), § 5 (5) and § 20 (4) of Act No. 21 / 1992 Coll., on banks, as amended, pursuant to § 2a (1) and (5) and § 2b (4) of the 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, and under § 97 (8) (c), § 39 (4) and § 44 (1), § 65 (1), § 69 (4), § 81, § 82 (1), § 96 (5), § 97 (8) (c), § 109 (6), § 111 (2) and § 113 (8) of the Act No. 427 / 2011 Coll.
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., Decree No. 248 / 2013 Coll., Decree No. 171 / 2014 Coll., Decree No. 158 / 2016 Coll. and Decree No. 402 / 2017 Coll., is amended as follows:
1.
(1) This decree regulates the forms and forms of applications and the content of their annexes where the applicant requests
(a) a licence for the bank;
(b) a licence for a foreign bank from a Member State other than that which intends to establish a branch in the territory of the Czech Republic (hereinafter referred to as "a licence for a branch of a bank from a non-Member State"),
(c) permit for the creation and business of a savings and credit cooperative (hereinafter referred to as "the permit for the cooperative reserve"),
(d) consent to acquire a qualifying holding or to increase the qualifying holding in a legal person who is a bank or a cooperative reserve by reaching or exceeding 20%, 30% or 50%, or to take over that person.
(2) This decree further regulates
(a) supporting documents demonstrating the credibility and experience of persons in charge of the financial holding person of which the bank or cooperative reserve is part;
(b) the documents and annexes thereto to demonstrate the professional competence and credibility of the person chosen to be members of the Board of Directors, the Audit and the Credit Committee. ';
2. In footnote 1, "No 513 / 1991 Coll., Commercial Code 'is replaced by" No 304 / 2013 Coll., on public registers of legal and natural persons and on the registration of trust funds'.
3. In footnote 4, the words "Section 3 (j) of Act No. 427 / 2011 Coll., on Supplementary Pension Savings. 'are deleted.
4. In Section 2 (c) (2), the words "organisational component of an undertaking 'are replaced by" branch'.
5. In Paragraph 2 (j), at the end of point 1, comma is replaced by "a 'and points 3 and 4 are deleted.
6. The heading of Part Two reads:
_
7. In Part Two, Titles I, II, IV, V and VI, including headings, are deleted.
8. The heading above Section 3, including the reference to the section of the Act, reads:
"Bank licence and permit for cooperative reserve
(K § 4 (8) of the Banking Act and § 2a (1) and (5) of the Savings and Credit Cooperatives Act) '.
9.
The application for a licence for a bank and for an authorisation for a cooperative advance shall be submitted by means of a form the model of which is set out in Annex 1 to this Order, to which the applicant shall attach the annexes referred to in Sections 4 and 5. ';
10. in Article 4 (2) (a), the words "Annex 3 to this Decree, if applicable, to the applicant in accordance with Article 3 (2), or" and the text "paragraph 1" shall be deleted;
11. in Article 4 (2) (b) (2), "a" is replaced by a comma, at the end of point (c) the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) for each manager further:
1. an overview of the functions performed in the elected bodies and functions in other legal persons to which the lead person has been appointed or otherwise called, over the last 10 years, and for each of those legal persons, the business firm or the name of the legal person, its subject matter, the designation of the function performed, the period of its execution and the indication of whether the lead person intends to perform that function in parallel with that of the lead person of the applicant, and whether the function is an executive or non-executive member;
2. a description of the financial and personnel relations of the lead person towards the applicant and other senior persons of the applicant, the controlling person of the applicant and the applicant controlled by the person and managers of those persons, if applicable, and to shareholders or members with qualified participation in the applicant; and
3. the proposed function of the lead person in the organisation of the applicant and a brief description of the performance of that function in terms of delegated powers and responsibilities; and
(e) the applicant's report on the results of the evaluation of the suitability of the lead for the performance of the function to which it is proposed, in view of compliance with the requirements of credibility, competence and experience of that person. ';
12. in Article 4 (3) (a), the words "or 20 largest shareholders of the bank" shall be inserted after the words "participation in the applicant."
13. The heading of Section 5 and the text under the heading are deleted.
14. In Section 5, the introductory part of the provision reads: "The application for a bank licence or a permit for a cooperative reserve shall be accompanied by annexes containing information relating to the exercise of the activity which it is."
15. in Article 5, the word "a" and points (e) to (g) shall be added at the end of point (d);
Point (h) shall be renumbered as point (e).
16. in Article 5 (e), the words "computer system," shall be deleted and the words "information system6)" shall be inserted after the words "ensuring the acquisition, processing, transmission, sharing and storage of information by means of information technology."
17.
"(5) Paragraph 17a (4) of the Banking Act. Section 2b (1) of the Act on savings and credit cooperatives.
(6) Annex 6, point 14 (a) of Decree No. 163 / 2014 Coll., on the pursuit of the activities of banks, savings and credit cooperatives and securities dealers, as amended by Decree No. 392 / 2017 Coll.
7) Decree on the performance of the activities of banks, savings and credit cooperatives and securities dealers. '
18. in Article 6 (5), at the end of point (c), the word "a" is replaced by a comma, at the end of point (d) is replaced by "a" and the following point (e) is added:
"(e) the applicant's report on the results of the assessment of the suitability of the head of the branch for the performance of the function in terms of compliance with the requirements of credibility, competence and experience of that person.";
19. Article 14a, 15 and 17 shall be deleted, including the headings and texts under the headings.
20. The title of Section 18, including the text under the title, reads:
"Consent to acquire or increase a qualifying holding in a bank or cooperative reserve or to control it
The following paragraphs shall be added:
21. in Paragraph 18 (1), the words', cooperative reserve, pension company 'shall be replaced by' or cooperative reserve ';
22. Parts three to six shall be deleted, including the headings.
23. In Annex 7, the text under the title reads:
"pursuant to Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 87 / 1995 Coll., on Savings and Credit Cooperatives and certain measures related thereto and on the addition of the Act No. 586 / 1992 Coll., on Income Taxes, as amended, as amended."
24. In Annex 7, point 4:
"4. Request for
25. Annexes No 2b, 3, 8, 9, 9a, 9b, 10, 12, 15, 16, 18 and 19 are deleted.
Efficacy
This Decision shall enter into force on 1 May 2020.
v. Ing. Mora, M.E., v. r.
Vice-Governor
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Regulation Information
| Citation | Decree No. 200 / 2020 Coll., amending Decree No. 233 / 2009 Coll., on applications, approval of persons and method of demonstrating professional competence, credibility and experience of persons, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2020 |
|---|---|
| Effective from | 01.05.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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