Decree No. 212 / 2010 Coll.
Ordinance on the method of determining the amount of costs incurred and their reimbursement when providing data by a CSD and by a person who keeps separate records of investment vehicles
Valid
Order
Effective from 01.07.2010
Text versions:
01.07.2010
30.06.2010
212
DECLARATION
of 22 June 2010
on the method of determining the amount of material costs incurred and their reimbursement when providing the data by a CSD and by a person who keeps separate records of investment vehicles
The Ministry of Finance provides pursuant to § 199 (1) of Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 56 / 2006 Coll.:
Preliminary provisions
(1) This decree regulates the method of determining the amount of material costs incurred (hereinafter referred to as "costs') by which the costs incurred are effectively incurred by a CSD or a person who keeps a separate register of investment vehicles linked to the provision of the required data from the registration of investment vehicles and documents retained under Section 99a (1) of the Capital Market Business Act (hereinafter referred to as" registration data ') to a person who is entitled, pursuant to Section 115 (1) of the Capital Market Enterprise Act, to require such information (hereinafter referred to as "the applicant') and which would not have been incurred by the provider if it had failed to fulfil its obligation to provide the registration by the law on capital market business.
(2) For the purposes of this Order, the provider shall be the CSD or the person who keeps a separate register of investment vehicles.
Method for determining the amount of costs
(1) The amount of costs shall be determined by the provider for the forthcoming period at least once a year on the basis of the cost data for the previous 12 calendar months, taking into account the expected evolution of costs in the period up to the next determination of their amount.
(2) Where the provider does not have the data referred to in paragraph 1, the CSD shall use a valid and effective cost reimbursement tariff to determine the level of costs.
(3) A person who keeps a separate record of investment vehicles may use a valid and effective cost reimbursement tariff for the CSD to determine the level of costs.
(4) The amount of costs determined in accordance with this Order shall be published by the provider in a manner that allows remote access at least 15 calendar days before the cost level thus determined is effective and shall be kept public throughout its duration.
Method of reimbursement
(1) The cost-reimbursement invoice shall be delivered by the provider to the applicant no later than the 25th day of the calendar month immediately following the calendar month in which the data were provided pursuant to Section 115 (1) of the Capital Market Business Act. The invoice for the calendar month of November shall be delivered by the provider to the applicant no later than 10 December of the same calendar year.
(2) The maturity of the invoice shall be 30 calendar days from the date of receipt of the invoice to the applicant.
(3) The provider may also conclude a contract with the applicant to pay the costs incurred in kind over a certain period of time by means of a flat-rate amount and to negotiate with him the method of reimbursement of the costs in this contract, by way of derogation from the provisions of this Order. However, the flat-rate amount thus established may not be in apparent disagreement with the amount which the applicant would likely have paid to the provider for the costs in the agreed period of time.
Transitional provisions
(1) As long as the applicable and effective cost-reimbursement tariffs of the CSD cannot be used to determine the level of costs referred to in Article 2 (2) and (3), the provider shall use the last valid and effective cost-reimbursement tariff of the CSD.
(2) For the purpose of determining the level of costs for the first 12 calendar months of its activity, the CSD shall apply the most recent applicable and effective cost reimbursement tariff of the CSD.
Efficacy
This Decree shall take effect on 1 July 2010.
Minister:
Ing. Janota v. r.
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Regulation Information
| Citation | Decree No. 212 / 2010 Coll., on the method of determining the amount of material costs incurred and their reimbursement when providing data by a CSD and by a person who keeps separate records of investment vehicles |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2010 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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