Measure Česká národní banka č. 234 / 1995 Coll.
Measures by the Czech National Bank on the procedure of foreign exchange points for making payments to and from abroad and against foreigners
Valid
Measures
Text versions:
13.10.1995
234
MEASURES
Czech National Banks
of 28 September 1995
laying down the procedure for foreign exchange points for making payments to and from abroad and against foreigners
Pursuant to § 8 (6) of Act No. 219 / 1995 Coll., the Czech National Bank provides for the foreign exchange law:
(1) Reimbursement in Czech or foreign currency to and from abroad and to foreign exchange residents in the country (1), to the extent of its authorisation to act as a bank or a foreign exchange licence on the basis of a domestic or foreign exchange payment order (hereinafter referred to as the "principal").
(2) The payment order must contain the code name of the payment title2) and the purpose of the payment.
(3) The procedures laid down in this measure also apply to banks and branches of foreign banks which are not authorised in their authorisation to act as a bank3) to carry out payment transactions in relation to abroad.
Reimbursements sent
(1) Where a foreign exchange permit is required to be paid by the authorising officer, the foreign exchange office shall accept the payment order only on presentation of the foreign exchange permit by the authorising officer. 4)
(2) If the foreign exchange point finds that the authorising officer has indicated a payment title in the payment order that is not in accordance with the purpose of payment, it shall draw the authorising officer's attention to this contradiction and return the payment order to the authorising officer for repair.
(3) The foreign exchange office is entitled to require the necessary documents to assess the purpose of the payment provided by the authorising officer and the authorising officer is obliged to submit those documents to the foreign exchange office. In such cases, the foreign exchange point shall be paid only after such documents have been examined.
(4) When submitting the document, the authorising officer shall submit a copy of the document to the foreign exchange location.
(5) The foreign exchange office shall compare the compliance of the copy with the document and the document shall bear the inscription "ACCEPTANCE TO ACCOUNT," with the stamp of the foreign exchange office, date and signature. It shall also indicate a copy of the document and attach the inscription "COPY - VERIFICATION '. The document shall return the foreign exchange place to the authorising officer and establish a copy.
(6) In the case of documents which cannot be identified or for which the acquisition of a copy would entail disproportionate costs for the authorising officer, the foreign exchange point shall record the inspection of the document. The record shall state the date, facts of evidence and the signature of the person who examined the document.
(1) If, for objective reasons, the authorising officer is unable to submit documents to assess the purpose of the payment referred to in Article 2 (3), the foreign exchange point shall be entitled to request from the authorising officer a written declaration stating the known information explaining the purpose of the payment and the reason for not submitting documentary evidence. The written declaration shall be drawn up by the authorising officer at his expense.
(2) Each payment order, including the documents obtained under Paragraph 2 and paragraph 1, shall be kept by the foreign exchange office for a period of five years.
(1) The foreign exchange point shall agree in writing with its client the conditions for making payments by electronic means for which an exchange permit is required. If the foreign exchange point does not receive the foreign exchange permit or the documents necessary for the operation concerned within the agreed time limit and to the extent necessary, it shall not execute the payment order.
(2) For payments not requiring a foreign exchange permit and carried out by electronic means, the authorising officer shall deliver to the foreign exchange place the documents within the time limit set by that foreign exchange place.
Reimbursements received
(1) Reimbursement from abroad and foreign exchange in the country shall be credited to the account of the payee and shall be assigned the appropriate code name of the payment title according to the purpose of the payment indicated by the authorising officer.
(2) If the purpose of the payment is not specified, the foreign exchange repository shall credit the payment in favour of the payee's account and invite it to submit, within 20 calendar days of the date of receipt of the call, documents proving the purpose of the payment or to disclose the purpose of the payment. 5) Until the purpose of the payment is notified, the foreign exchange location received shall assign a replacement appropriate code name for the payment title. The costs of the call shall be borne by the beneficiary of the remuneration.
(1) An infringement or suspected infringement of foreign exchange regulations shall be notified to the competent foreign exchange authority without undue delay (6). 7)
(2) In the notification referred to in paragraph 1, the foreign exchange point shall indicate the name and surname of the natural person, the birth number and the permanent residence of the natural person and the trade name or name of the legal person, its registered office and identification number. In addition, the foreign exchange point shall give a description of the established status.
The measure of the Czechoslovak State Bank laying down the procedure for foreign exchange banks to make certain payments against foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange foreign exchange bank issued in the amount of 94 / 1992 Coll.
This measure shall take effect on 1 October 1995.
Governor:
Ing. Tošovský v. r.
1) § 1 (m) points 1 and 2 of Act No. 219 / 1995 Coll., Foreign Exchange Act.
2) Measures of the Czech National Bank declaring payment titles for encoding financial transactions in relation to abroad, announced in the amount of 81 / 1994 Coll.
3) Part of Act No. 21 / 1992 Coll., on Banks, as amended.
4) § 7 (2) of Act No. 219 / 1995 Coll.
5) § 7 (3) of Act No. 219 / 1995 Coll.
6) § 8 (5) of Act No. 219 / 1995 Coll.
7) § 2 of Act No. 219 / 1995 Coll.
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Regulation Information
| Citation | Measure Česká národní banka no. 234 / 1995 Coll., laying down the procedure of foreign exchange points when making payments to and from abroad and towards foreigners |
|---|---|
| Regulation Type | Measures |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1995 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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