Decree No. 234 / 2008 Coll.
Decree amending Decree No. 605 / 2006 Coll., on certain information obligations of a securities dealer, as amended by Decree No. 242 / 2007 Coll.
Valid
Order
Effective from 01.07.2008
Text versions:
01.07.2008
30.06.2008
234
DECLARATION
of 23 June 2008
amending Decree No 605 / 2006 Coll., on certain information obligations of a securities dealer, as amended by Decree No 242 / 2007 Coll.
The Czech National Bank provides pursuant to Article 199 (2) of Act No. 256 / 2004 Coll., on the Capital Market Enterprise, as amended by Act No. 230 / 2008 Coll., ("the Act ') and Article 41 (4) of the Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 57 / 2006 Coll.:
Decree No 605 / 2006 Coll., on certain information obligations of a securities dealer, as amended by Decree No 242 / 2007 Coll., is amended as follows:
1. In Article 1, at the end of point (c), the dot is replaced by a comma and the following points (d) to (f) are added:
"(d) the form and manner in which the securities dealer informs the Czech National Bank of the closed transactions in listed investment instruments;
(e) data which, under the conditions laid down directly by the applicable regulation of the European Communities implementing the Directive of the European Parliament and of the Council regulating markets in financial instruments (2), form part of the information on trade referred to in (d);
f) The formalities, deadlines and method of sending reports to the Czech National Bank of an external auditor or audit firm on the adequacy of the measures taken to protect the customer's assets.
(2) Article 13 (3) and (4) of Commission Regulation (EC) No 1287 / 2006 of 10 August 2006 implementing Directive 2004 / 39 / EC of the European Parliament and of the Council as regards the recording obligations of investment firms, the reporting of transactions, market transparency, the admission of financial instruments to trading and the definition of terms for the purposes of that Directive. "
2. in § 2 (a), the words "by data file" are deleted;
3. In Article 2, at the end of point (b), the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) the trade cancelled, the legal reason for which has been withdrawn,
(d) the contact person of the person or persons who submit the statements to the Czech National Bank on behalf of the securities dealer. "
4. in Article 3 (a):
"(a) the annual report and the consolidated annual report in accordance with Article 6 (3);"
5. In Article 4 (d), in the introductory part of the provision, the words "paragraph 1 'shall be inserted after the words" Article 6'.
6. in § 4 (e) (1), "§ 6 (1)" is replaced by "§ 7";
7. in § 4 (e) (2), "§ 6 (1)" is replaced by "§ 7";
8. in § 4 (e) (3), "§ 6 (1)" is replaced by "§ 7";
9. In Article 4, at the end of point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) closed transactions in listed investment vehicles, their cancellation or amendment, by sending the MKT (CNB) statement 40-97, drawn up according to the MOKAS40 dataset, as specified in Section 7. The scope and structure of the statement and the method of recording the trade change data are set out in Annex 16 to this Regulation."
10. in § 5 (c), "§ 6 (3)" is replaced by "§ 8a (1)."
11. in § 5 (e), "§ 6 (3)" is replaced by "§ 8a (1)."
12. in § 5 (g), "§ 6" is replaced by "§ 7";
13.
Method of sending certain information
(1) The information referred to in § 3 (b) and § 4 (d) is sent by the securities dealer to the Czech National Bank in electronic form in the form of a data message to the e-mail address of the e-mail office with a clear indication of the information obligation or on a fixed medium (CD, DVD). The data message shall be provided with a guaranteed electronic signature (s) of the contact person based on a qualified certificate.
(2) The report referred to in Article 5 (h), sent in paper form, must be accompanied by the signature of the person authorised to act on behalf of or on behalf of a securities dealer. The securities dealer sends them to the address of the Czech National Bank with a clear identification of the information obligation.
(3) The information referred to in Section 3 (a) will be sent by the securities dealer in electronic form, as provided for by the specific legislation on the digitisation of the commercial register (4), to the e-mail office of the Czech National Bank. The data message shall be accompanied by a guaranteed electronic signature of the contact person. Where the size of the data message does not allow sending by e-mail, the securities dealer shall send the annual report and the consolidated annual report in electronic form on a fixed medium (CD, DVD).
3) § 2 (b) of Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Act on Electronic Signature), as amended by Act No. 440 / 2004 Coll.
4) Article 2 of Decree No. 562 / 2006 Coll., which provides for the method of converting the documents into electronic form, the method of handling the transferred documents and the binding electronic form of the documents (the order on the digitisation of the commercial register). "
14. The following Section 6a is inserted after Section 6:
Audit report
(1) The securities dealer is obliged to ensure that his external auditor or audit firm submits to the Czech National Bank a report on the adequacy of the measures taken to protect the customer's assets in accordance with Article 6 (1) or (2) mutatis mutandis
(a) in the case of annual information, within 4 months of the end of the relevant accounting year;
(b) without undue delay after the deficiencies have been identified.
(2) The report referred to in paragraph 1 (a) contains at least the information set out in Annex 17 to this Decree. The report referred to in paragraph 1 (b) shall contain a description of the deficiency found. ';
15. Paragraph 7 to 9, including the headings and footnotes 5 to 8, read:
Sending information through an automated data collection system
(1) The securities dealer sends the Czech National Bank the reports according to § 4 (a) to (c) and (e) and (f) and § 5 (a) to (g) in electronic form in the form of data messages through the application of the Czech National Bank for the collection of data, which is available in a way that allows remote access.
(2) The data reports referred to in paragraph 1, indicating the date of the statement, shall be provided by the securities dealer:
(a) by a guaranteed electronic signature of the contact person based on a qualified certificate (5); or
(b) an electronic mark based on a qualified system certificate (6).
(3) Instead of the procedure laid down in paragraph 1, a securities dealer may transmit the statements to the Czech National Bank in a way for the transmission and reception of automated data according to the specific legislation governing the submission of bank statements (7).
(4) A securities dealer may, instead of the procedure referred to in paragraphs 1 and 3, provide the information referred to in Article 4 (1). (f) The Czech National Bank, through a regulated market or multilateral trading system, shall ensure that it is included in the information on transactions concluded on a regulated market under another legal provision on the information obligations of the organiser of the regulated market and the operator of the multilateral trading system8).
Correction of incorrect and incomplete statements
If the securities dealer finds that the data of the statement transmitted to the Czech National Bank are incorrect or incomplete, the corrected statement and, if necessary, the related statements shall be submitted to the Czech National Bank without undue delay in a manner specified for the fulfilment of the information requirement and shall inform the Czech National Bank of the content and reason for the correction.
Contact persons
(1) The securities dealer will notify the Czech National Bank
(a) the name and surname of the contact person;
(b) the address of the workplace, telephone number, fax number and e-mail address of the contact person;
(c) details of a qualified contact person certificate issued or an indication of a qualified system certificate.
(2) The securities dealer shall notify the Czech National Bank of any change in the data referred to in paragraph 1.
5) § 2 (l) of Act No. 227 / 2000 Coll., as amended by Act No. 440 / 2004 Coll.
6) § 2 (m) of Act No. 227 / 2000 Coll., as amended by Act No. 440 / 2004 Coll.
7) Measure Česká národní banka č. 1 / 2005, which provides for the transmission and reception of automated data submitted by banks and branches of foreign banks to Česká národní banka, as amended.
8) Decree No. 236 / 2008 Coll., on information obligations of the organiser of the regulated market and operator of the multilateral trading system. '
16. The following Annexes 16 and 17 are inserted after Annex 15, including the headings and footnotes 9:
"Annex No 16 to Decree No 605 / 2006 Coll.
Content of information on closed transactions in listed investment vehicles
1. The MKT (CNB) report 40-97 with the code Associated with the data file MOKAS40 contains data on closed or cancelled transactions in listed investment vehicles which are part of the trading information under the conditions laid down in the directly applicable European Communities Regulation implementing the Directive of the European Parliament and of the Council regulating markets in financial instruments (9). The data are broken down into data areas.
Data area: Business reporting - closure - OCP
The data area in addition to the data listed in Table 1 of Annex 1 to the directly applicable Regulation of the European Communities implementing the Directive of the European Parliament and of the Council regulating markets in financial instruments, with the exception of the data listed in Nos 7 - 15, 19 and 23 in this Table, shall include the identification of the customer, the estimated settlement date, the volume of the transaction and the reference transaction reporting number.
Data area: Business reporting - cancellation - OCP
The data area shall include the identification of the securities dealer, the trade cancellation report reference number, the trade report reference to which the cancellation information relates and the indication of whether the transaction cancellation report or the trade report is deleted.
2. The securities dealer informs about the change in trade by recording the cancellation of the transaction in the data area of the Reporting of transactions - cancellation - OCP and at the same time in the data area of the Reporting of transactions - closure - OCP record the trade data in the amended form.
3. The customer shall be identified in the information by the natural person's own number, legal person's identification number or replacement identification assigned to the client by the person leading the central securities register instead of that number, or by a unique number allocated to the client in a manner specified by the internal rules of the securities dealer, provided that the legal person's identification number, or replacement identification has not been assigned to him.
4. A securities dealer is always identified in the information by the BIC.
9) Commission Regulation (EC) No 1287 / 2006 of 10 August 2006 implementing Directive 2004 / 39 / EC of the European Parliament and of the Council as regards the recording obligations of investment firms, transaction reporting, market transparency, the admission of financial instruments to trading and the definition of concepts for the purposes of that Directive.
Příloha č. 17
Annex No. 17 to Decree No. 605 / 2006 Coll.
Content of the audit report
The report of an external auditor or audit firm shall include:
(a) an assessment of the compliance of the accounting principles and accounting procedures of the client's funds and investment instruments with the legislation;
(b) an assessment of the compliance of the customer's property records in the internal registration system with the legislation;
(c) an assessment as to whether the securities dealer carries out the re-procurement of the customer's assets on a reasonable basis, in a conclusive manner and in accordance with the law and its internal law;
(d) the result of at least one verification of the customer's asset reconfiguration carried out by the securities dealer during the calendar year for which the report referred to in Article 5a (2) (a) is processed;
(e) the result of the verification of compliance of investment vehicles and funds with the legislation of third parties and third countries;
(f) the result of the verification of the conformity of the use of investment vehicles provided for by the law and internal law of the securities dealer;
(g) other relevant information concerning the protection of the customer's assets by the securities dealer. ';
Transitional provisions
1. Securities dealer will provide the Czech National Bank with information pursuant to § 4 (f) of Decree No. 605 / 2006 Coll., as amended by this Order, for the first time in relation to transactions concluded on 1 November 2008.
2. The securities dealer shall ensure that his external auditor or audit firm submits the report referred to in § 6a (1) (a) in accordance with § 6 (1) or (2) of Decree No 605 / 2006 Coll., as amended by that decree, for the first time in 2008.
Repeal
Decree No. 266 / 2004 Coll., on the reporting of transactions in investment vehicles admitted to trading on a regulated market, is repealed.
Efficacy
This Decree shall take effect on 1 July 2008.
Governor:
Doc. Ing. Tůma, CSc.
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Regulation Information
| Citation | Decree No. 234 / 2008 Coll., amending Decree No. 605 / 2006 Coll., on certain information obligations of a securities dealer, as amended by Decree No. 242 / 2007 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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