Decree No. 227 / 2022 Coll.
Decree amending Decree No. 308 / 2017 Coll., on a more detailed regulation of certain rules in the provision of investment services
Valid
Effective from 22.11.2022
Text versions:
22.11.2022
05.08.2022
227
DECLARATION
of 21 July 2022
amending Decree No. 308 / 2017 Coll., on a more detailed regulation of certain rules for the provision of investment services
Pursuant to Article 199 (2) of Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 204 / 2017 Coll., Act No. 119 / 2020 Coll., Act No. 353 / 2021 Coll. and Act No. 96 / 2022 Coll., to implement the Act No. 12f (a):
Decree No. 308 / 2017 Coll., on a more detailed regulation of certain rules in the provision of investment services, is amended as follows:
1. In footnote 1, the words "as amended by Commission Delegated Directive (EU) 2021 / 1269 'are added at the end of the text.
2. In Article 9 (3), the first sentence is replaced by the following: "The securities dealer shall identify the target market for each investment instrument and specify the type of customers whose needs, characteristics and objectives, including objectives relating to sustainability (3), are compatible, while identifying the type of customers whose needs, characteristics and objectives are not compatible with the investment instrument; However, such incompatibility cannot be established by sustainability factors in accordance with Article 2 (24) of Regulation (EU) 2019 / 20884 of the European Parliament and of the Council (" the sustainability factor ').';
footnotes 3 and 4 are as follows:
"(3) 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.
(4) 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. ';
3. In Article 9 (6), at the end of point (a), the word "a 'is replaced by a comma and the following point (b) is inserted after point (a):
"(b) any factors relating to the sustainability of this investment instrument correspond to the target market; and"
Point (b) shall be renumbered (c).
4. In Article 10, the sentence "The sustainability factors of the investment instrument are presented in a transparent manner to provide information to the distributor of the investment instrument in order to take due account of all the sustainability objectives of the client (3)."
5. in Article 10 (3) and in Article 12 (2), the words "including objectives relating to sustainability" shall be inserted after the words "objectives."
6. In the first sentence of Article 11 (2), the words "including the sustainability objectives (3) 'shall be inserted after the words" the objectives'; however, sustainability factors shall not be used for the assessment of incompatibility '.
Efficacy
This Decree shall take effect on 22 November 2022.
Governor:
Michl, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 227 / 2022 Coll., amending Decree No. 308 / 2017 Coll., on more detailed arrangements for the provision of investment services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.08.2022 |
|---|---|
| Effective from | 22.11.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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