Act No. 254 / 2012 Coll.
Act amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws
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Law
Effective from 03.08.2012
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254
THE LAW
of 14 June 2012
amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 21 / 1992 Coll., as amended by Act No. 264 / 1992 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 2002 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 453 / 2003 Coll., Act No. 453 / 2004 Coll., Act No. 439 / 2004 Coll.
1. In Article 1 (3) (m), the words "which are not investment instruments' shall be inserted after the words" values'.
2. Paragraph 1 (5) and (6) read:
"(5) If the authorisation of the Czech National Bank under the laws governing the provision of certain financial services is necessary for the performance of one of the activities referred to in paragraph 3 and the applicant demonstrates that all the conditions laid down for the granting of such an authorisation are fulfilled, the Czech National Bank shall permit the performance of that activity in the licence.
(6) The banking activities referred to in paragraph 1 (a) and (b) and paragraph 3 may also be carried out by a foreign bank on the territory of the Czech Republic through its branch (hereinafter referred to as the branch of a foreign bank); Foreign bank
(a) which has its registered office in a Member State of the European Union or in a State which is a Contracting Party to the Agreement on the European Economic Area (hereinafter referred to as "the Member State"), which benefits from a single licence under European Union law (§ 5a), carries out these activities through a branch of that foreign bank (hereinafter referred to as the branch of a bank from a Member State),
(b) with its head office in a non-Member State, carry out such activities through a branch of that foreign bank (hereinafter referred to as "a branch of a bank from a non-Member State"), provided that it has been granted a licence by the Czech National Bank (§ 5) and only to the extent of the licence granted. "
3. in the last sentence of Article 1 (7), Article 11a (10), Article 12, Article 19a (4), Article 19b (4), Article 34 (2) (a) and Article 35 (4), the words "foreign" shall be deleted and the words "non-Member State" shall be inserted after the words "bank."
4. In Paragraph 4 (1), the sentences of the second and last paragraphs are deleted.
5. In Paragraph 4 (3) of the Introductory Part of the provision, the words "the European Union or another State constituting the European Economic Area (hereinafter referred to as" the Member State ')' are deleted.
6. In Article 4 (7), the second sentence is replaced by the following: "A person in the past who has been convicted of a criminal offence of a property nature or of an offence the facts of which relate to banking activities or to an intentional offence committed in connection with an enterprise may not act as a senior employee of the bank."
7. In Article 4, paragraph 8 is added:
"(8) Licence applications may be lodged only on the prescribed form to which the applicant shall accompany the documents certifying compliance with the conditions referred to in paragraph 5. The model of the form and the content of its annexes shall be laid down by the Order of the Czech National Bank. '
8. In Article 5 (2), the word "z 'is deleted and the word" base' is replaced by "set up '.
9. in Article 5 (4) (a) and (b), "business" is replaced by "activity."
10. In Paragraph 5 (4), the words "the minimum amount of financial resources provided is CZK 500 000 000" shall be added at the end of the text in point (a).
11. in Article 5, at the end of paragraph 4, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) supervision of a foreign bank is carried out which is comparable to that carried out in the Member States;
(k) the legal order of the country of the foreign bank's seat does not specify any obstacles to the effective exchange of information between the Czech National Bank and the supervisory authority of the foreign bank. "
12. in Article 5, paragraphs 5 to 7 read:
"(5) Licence applications referred to in paragraph 1 may be submitted only on the prescribed form to which the applicant shall accompany the documents certifying compliance with the conditions referred to in paragraph 4. The model of the form and the content of its annexes shall be determined by the Order of the Czech National Bank.
(6) The Czech National Bank is entitled to request a copy of the record of the Register of Penalties concerning natural persons proposed to lead the branch in accordance with paragraph 1. A person who has previously been convicted of a criminal offence of a property nature or of an offence the nature of which relates to banking activities or to an intentional offence committed in connection with an enterprise shall not act as a person in the management of a branch referred to in paragraph 1.
(7) The reason for rejecting the licence application referred to in paragraph 1 may not be that the legal form of a foreign bank does not correspond to that of a public limited company. '.
13. in Article 5a (1), the second sentence is deleted;
footnote 3 is deleted.
14. in Paragraph 5a (4):
"(4) With the exception of § 3 (3) (b), § 5n, 10, § 11 (1) to (3) and (5), § 14, second sentence, § 21, § 24 (1) and (2), § 26bb, 29a, 37, the obligation to provide data pursuant to § 38 (2) to (8), the provisions concerning the conduct of monetary policy and the correct settlement of banks (§ 20c) and § 41m. '
15. In § 5a (5), § 5n (4), (5) and (7), § 8b (6), § 11 (4), § 11a (2) of the introductory part of the provision and § 11a (5) to (7), § 13 of the introductory part of the provision, § 14 of the introductory part of the provision, § 26 (2), § 34 (1), § 38f (2), § 41d (1) and in § 41m (2) of the second to last sentence, the word "foreign" shall be deleted.
16. In the first sentence of Article 5a (5), the words "referred to in paragraph 1 'are replaced by the words" from a Member State' and in the second sentence, the words "from a Member State 'are inserted after the words" bank'.
17. In the first sentence of Paragraph 5a (6), the words "those branches shall apply only if they are used 'shall be replaced by the words" the branch of a bank from a Member State shall apply only if it is used'.
18. In the second sentence of Paragraph 5a (6), the words "branches of foreign banks referred to in paragraph 1 'are replaced by the words" branches of a bank from a Member State'.
19. In the third sentence of Paragraph 5a (6), "paragraphs 3 and 5 'are replaced by" paragraphs 1 to 3 and 5'.
20. In the first sentence of Paragraph 5a (7), the word "foreign 'shall be deleted and the words" which, pursuant to paragraph 1, may carry out activities within the territory of the Czech Republic without a licence granted to them by the competent foreign bank' shall be replaced by "from a Member State '.
21. In the second sentence of Paragraph 5a (7), the words "foreign banks referred to in paragraph 1 'are replaced by the words" banks from a Member State'.
22. in Article 5e (1) (c), the word "consolidated" shall be deleted; the words "on a consolidated basis" shall be inserted after the word "supervision"; and the words "under Article 5" shall be replaced by "under Article 5c";
23. in Paragraph 5n (1), the word "foreign" shall be replaced by the word "branch," the words "located in the territory of a Member State" shall be replaced by "Member State" and the words "branch" shall be replaced by "active."
24. In the first sentence of Paragraph 5n (2), "branch of a foreign bank 'is replaced by" branch of a bank from a Member State'.
25. in the second sentence of Paragraph 5n (2), the words "foreign bank" are deleted.
26. In the last sentence of Paragraph 5n (2), the words "from a Member State 'shall be inserted after the words" branch'.
27. in § 5n (3) of the introductory part of the provision, the words "bank from a Member State" shall be inserted after the words "branch."
28. in Article 5n (4), (5) and (7), the words "from a Member State" shall be inserted after the words "bank."
29. In Article 8, the following paragraph 5 is added:
"(5) Paragraph 2 shall apply mutatis mutandis to the assessment of the person in charge and of the staff of the branch of the bank from a non-Member State. ';
30. In Paragraph 8a, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Paragraph 1 shall apply mutatis mutandis to members of the statutory body of a foreign bank which has a branch established in the Czech Republic pursuant to Section 5 and to persons in the management of that branch. '
31. in § 8b (1) (a) (3):
'3. sound administrative and accounting procedures in accordance with specific legislation; ';
32. In Section 8b (3) of the introductory part of the provision, the words "and a branch of a foreign bank which does not enjoy the benefits of a single licence under European Union law 'are replaced by the words" has'.
33. In § 8b (6), § 11a (2), (5) to (7), (9) and (10), § 13 of the introductory part of the provision and in § 14 of the introductory part of the provision, the words "which do not benefit from a single licence under European Union law" shall be replaced by the words "from outside the Member State."
Article 34 (10) reads:
(1) Banks are obliged to deposit with the Czech National Bank an extract from the Commercial Register without undue delay, as well as any changes thereto.
(2) Foreign banks engaged in banking activities in the territory of the Czech Republic through a branch are obliged to deposit with the Czech National Bank an extract from the Commercial Register and all changes thereto without undue delay. "
35. in Article 11 (4), the words "the bank is" shall be replaced by the words "the bank from a non-Member State is."
36. in Article 11a (1), the words "and a branch of a foreign bank which does not enjoy the benefits of a single licence under European Union law" shall be deleted and the sentence "The branch of a bank other than a Member State publishes data on itself and its activities, on the foreign bank, on the composition of its members and on its activities and on the financial situation shall be added at the end of the paragraph."
37. in Article 11a (4) (a), the words "legal or, where appropriate, natural person carrying out audit activities under the law governing the audit activity (3a) (hereinafter referred to as" auditor ")" shall be replaced by the words "auditor under the law governing the activities of statutory auditors and audit firms,"
footnote 3a is deleted.
38. in Paragraph 11a (9) (c), "(a) and (b)" shall be replaced by "(a), including the information referred to in paragraph 1 and (b)";
39. in the first sentence of Article 11a (10) and in the first sentence of Article 12 (2), the words "and a branch of a bank other than a Member State" shall be inserted after the word "Bank."
40. In Paragraph 12 (2), the words "clearly disadvantaged conditions for a bank 'are replaced by the words" conditions which are manifestly unfavourable to it'.
41.In Paragraph 12a (1):
"(1) The Bank shall keep capital on an individual basis at least equal to the sum of the individual own funds requirements for covering risks (" capital adequacy "). The branch of a bank other than a Member State shall continuously respect capital adequacy. Furthermore, the bank and the branch of the bank from a non-Member State complies with the rules on risk transfer. At the same time, the capital of a bank may not fall below the minimum amount of capital laid down in Paragraph 4 (1); the capital of a bank's branch from a non-Member State may not fall below the minimum amount of financial resources provided by a foreign bank pursuant to § 5 (4) (a). '
42. In § 12a (2) of the introductory part of the provision, the word "maintained" shall be replaced by "respected."
43. In Article 12a (3) and (4), first and last sentences, Article 12a (10) (a) and Article 12b (1), the words "and a branch of a bank other than a Member State" shall be inserted after the word "bank."
44. in the second sentence of Article 12a (4), the words "on the Bank's application" shall be replaced by the words "on this application."
45. in Paragraph 12a (8), at the end of the first sentence, the reference to footnote 21 is added.
46. In Section 14 of the introductory part of the second sentence, the words "and the branch of a foreign bank 'shall be inserted after the words" Bank'.
47. In the second sentence of Paragraph 15, the words "for banks and branches of foreign banks' are deleted.
48. In Paragraph 16 (1) of the final part of the provision, the words "(b) 'are replaced by the words" (c)'.
49. in Article 16 (2) (b), the part of the sentence after the semicolon, including the semicolon, is deleted;
50. in Paragraph 16 (4):
"(4) The Bank may only transfer its business to:
(a) another bank;
(b) a bank located in the territory of a Member State operating in the Czech Republic through its branch;
(c) a foreign bank carrying out banking activities on the territory of the Czech Republic through its branch on the basis of a licence pursuant to Article 5, provided that the foreign bank demonstrates that the deposit claims insurance scheme which will be covered by the deposits transferred in the context of the sale of the company guarantees the beneficiaries at least the same degree of protection as they enjoyed under this law;
points (a) to (c) shall apply mutatis mutandis to the lease of the Bank's business. ';
51. the following Article 16b is inserted after Article 16a:
(1) A foreign bank located in a territory other than the territory of a Member State which carries out banking activities in the Czech Republic through its branch is obliged to inform the Czech National Bank without undue delay about:
(a) proposals for personnel changes in the management of the branch and provide, on that basis, the supporting documents necessary to assess their competence, credibility and experience;
(b) any changes to the information and facts provided in the licence application submitted in connection with the establishment of this branch in the Czech Republic;
(c) a reduction in the financial resources provided to this branch pursuant to Article 5 (4) (a);
(d) the facts and decisions affecting or directly affecting the activities of that branch, in particular the intention to abolish that branch or to sell part of the undertaking to which that branch is part;
(e) amending its statutes;
(f) its unfavourable financial situation which could affect the activities of that branch;
(g) the exceptional situation on the financial market of the country of its registered office, including such adverse developments on that market, which could jeopardise the liquidity of that market or the stability of the financial system.
(2) A foreign bank located in a territory other than the territory of a Member State that carries out banking activities in the Czech Republic through its branch is required to inform the supervisory authority of the country of the foreign bank's registered office of the decision on bankruptcy and the bankruptcy of that branch. "
52. In Article 18, at the end of paragraph 1, the sentence "The branch of a bank from a Member State other than a Member State may not carry out transactions with persons having a special relationship with it or with that foreign bank (§ 19) which, due to their nature, purpose or risk, would not have been carried out with other clients."
53. In Paragraph 18, the sentence "The branch of a bank from a Member State other than a Member State shall be added at the end of paragraph 2 only if the statutory authority of that foreign bank or other authority or person designated by that statutory authority so decides, on the basis of an analysis of the relevant banking business and the financial situation of the applicant. '
54. the words "and members of the audit committee (25)" shall be added at the end of paragraph 19.
footnote 25:
"25) § 44 of Act No. 93 / 2009 Coll., on Auditors and on the amendment of certain laws (Act on Auditors), as amended by Act No. 139 / 2011 Coll. '.
55. in Article 19 (d), the words "the Audit Committee," shall be inserted after the words "the Council,"
56. In Paragraph 19, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For a foreign bank located in a territory other than the territory of a Member State which carries out banking activities in the Czech Republic through its branch, and that branch shall apply paragraph 1 mutatis mutandis. For the purposes of this Act, persons in the management of the branch shall be regarded as having a special relationship with that branch. ';
57. in Article 19b (2), the word "transactions" shall be inserted after the word "credit."
58. In the second sentence of Paragraph 20a (2), the words "and 7 'are deleted.
59. In Paragraph 22 (7), "5 'is replaced by" 6', the word "foreign 'is deleted and the words" from a Member State other than a Member State' are added at the end of the text of the paragraph.
60.Paragraph 23 (2) reads as follows:
"(2) If the bank shows a loss, the general meeting shall decide when the accounts for the relevant period are cleared to pay the loss on its own resources. '
61. In the second sentence of Article 25 (1), the words "carried out by the supervisory authority 'shall be inserted after the words" subject to supervision' and the words "including on-the-spot checks' shall be added at the end of the text of the second sentence.
62. In the second sentence of Article 25 (2), the word "foreign 'shall be inserted after the word" registered office'.
63. In Paragraph 25, the sentence "The Czech National Bank may, for this purpose, conclude written coordination and cooperation arrangements with the supervisory authority of the country of residence of the foreign bank or financial institution at the end of paragraph 2. 'is added.
64. in Article 26 (1) (a) (6), the word "bank" shall be deleted;
65.In Article 26 (1) (g), the words "or a branch of a bank other than a Member State" shall be inserted after the word "bank."
66. In Article 26, the words "from a Member State and the procedure referred to in paragraph 1 (d) and (f) shall not apply to a branch of a bank other than a Member State 'shall be added at the end of the text of paragraph 2.
67. in Article 26 (3) (d), the words "or transactions, transfers or other transactions or transactions" shall be replaced by the words "transfer of funds or other transactions" and the words "separately or together with other trade, transfer or other transaction" shall be inserted after the words "which."
68. In Article 26 (3), the words "or below the minimum amount of financial resources provided by a foreign bank to its branch pursuant to Article 5 (4) (a) 'shall be added at the end of the text in point (h).
69. In Paragraph 26, the words "or the foreign bank concerned 'shall be added at the end of paragraph 4.
70. In Article 26 (6), the words "in accordance with the procedure laid down in the Administrative Regulation or in urgent cases' shall be inserted after the words" the Bank '.
71.Paragraph 26 (7) and (8) are deleted.
Paragraphs 9 to 11 shall be renumbered paragraphs 7 to 9.
72. in Paragraph 26 (8), the word "others" shall be replaced by the word "special."
73. In Paragraph 26b, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For a foreign bank carrying out banking activities on the territory of the Czech Republic through its branch under a licence pursuant to § 5 and for its branch, paragraph 1 shall apply mutatis mutandis; The Czech National Bank must be informed by the persons in charge of this foreign bank and by the persons in charge of this branch."
74.
75. in Paragraph 34 (1), the words "a bank or" shall be replaced by the words "a bank from a Member State other than a Member State," or "a bank's branch from a bank other than a Member State," and the words "a bank" shall be deleted.
76.
"(b) the applicant has given false information in the licence application or withheld the essential information necessary for the assessment of the licence application;"
77. In Article 34, the dot at the end of paragraph 2 is replaced by a comma and the following point (c) is added:
"(c) serious deficiencies remain in the activities of a foreign bank located in a territory other than that of a Member State which carries out banking activities in the Czech Republic through its branch or has been bankrupt."
78. In the first sentence of Article 34 (3), the words "or the capital of a branch of a bank other than a Member State 'shall be inserted after the words" the basis' and the words "its' shall be deleted.
79. In Paragraph 34, the following paragraph 4 is added:
"(4) The Czech National Bank may withdraw the consent granted under this Act if the consent has been granted on the basis of false data or if the applicant has withheld the essential information necessary for the assessment of the request in the request for consent."
80. In Article 35 (1), the words "the branch of a foreign bank shall also be notified to the authority responsible for banking supervision in the relevant State 'shall be replaced by the words" in the case of a branch of a bank from a non-Member State, the Czech National Bank shall inform the supervisory authority of the country of residence of the foreign bank'.
81. In the first sentence of Paragraph 37 (1), the words "and branches of foreign banks" shall be inserted after the words "Banks."
82. In the second sentence of Paragraph 37 (1), the words "or branch of a foreign bank 'shall be inserted after the word" bank'.
83.In Paragraph 38 (3), the following point (j) is inserted:
"(j) intelligence services for the purpose of carrying out a specific task in the field of the suppression of terrorist financing (26) under the law governing the activities of the intelligence services of the Czech Republic with the consent of the judge; the provisions of this other legislation shall apply to the request of the report,
26) International Convention on the Suppression of the Financing of Terrorism, published under No 18 / 2006 Coll. '.
84. In the first sentence of Paragraph 38 (6), the words "or tax execution 'are deleted.
85. in Paragraph 38 (9):
"(9) Paragraphs 2 to 8 shall apply mutatis mutandis to a branch of a bank from a Member State and paragraphs 1 to 8 and 11 shall apply mutatis mutandis to a branch of a bank from a non-Member State. ';
86. In Article 38a (6), the words "or branches of a foreign bank" shall be inserted after the word "bank."
87.In § 38d (1) (a), (e) and (f) and § 38e (d) and (e), the words "referred to in § 5a (1) 'are replaced by the words" banks from a Member State'.
88. In Paragraph 38f (1), the last sentence is deleted.
(89) In Paragraph 38f (2), the words "located outside the territory of the Member States" shall be replaced by "from a Member State other than a Member State."
90. In Paragraph 38f, the following paragraph 3 is added:
"(3) The Czech National Bank shall seek to coordinate its action with the supervisory authorities of the Member States in which the foreign bank has branches before a decision to amend or withdraw a branch of a bank from a non-Member State. The Czech National Bank shall inform those supervisory authorities of its intention to change or withdraw the licence if it does not accept the postponement. ';
91. In the first sentence of Paragraph 39 (1), the words ", the statutory body or members of the statutory body of the Bank 'shall be inserted after the words" the Board' and the words "the Bank 'shall be inserted after the words" the Board'.
92. Paragraph 40 (6) is deleted.
Paragraphs 7 and 8 shall be renumbered paragraphs 6 and 7.
93. In Paragraph 41 (1), at the end of the second sentence, the words "if the decision imposing a fine is not taken pursuant to Paragraph 26 (1) (e) 'shall be added.
94. In Article 41a (3), the words "All banks and" shall be replaced by the words "foreign banks," and the words "foreign banks" shall be deleted and the words "from a Member State which has benefited from the supplementary insurance provided for in Article 41m and branches of banks other than the Member State" shall be inserted.
95.In Article 41a (3), the second sentence is deleted.
96.In Article 41d (1), the words "under § 5a 'are replaced by the words" from a Member State' and the words "foreign 'are inserted after the word" incompetence'.
97. § 41l is deleted.
99. in Article 41m (1), the word "foreign" shall be deleted and the words "from a Member State" shall be inserted after the word "bank."
99. In Paragraph 41m (2), the words "from a Member State to the Fund" shall be inserted after the words "from a Member State to the Fund," and the words "in the case of a branch of a foreign bank under Paragraph 5a" shall be replaced by "namely."
100. In Article 41m (2), third and last sentences, the words "from a Member State 'shall be inserted after the words" bank'.
Transitional provisions
1. A bank or branch of a bank through which a foreign bank with its registered office in a Member State other than a Member State of the European Union or a State which is a party to the Agreement on the European Economic Area which has been authorised to carry out the activities referred to in Paragraph 1 (3) (m) of Act No. 21 / 1992 Coll., as effective until the date of entry into force of this Act, shall cease to carry out those activities in relation to investment instruments unless they have, or within 3 months of the date of entry into force of this Act, have been authorised to carry out the activities referred to in Article 1 (3) (h) of Act No. 21 / 1992 Coll.
2. The authorisation procedure provided for in Article 1 (5) of Act No. 21 / 1992 Coll., as effective until the date of entry into force of this Act, which has not been definitively completed by the date of entry into force of this Act, shall be completed in accordance with existing legislation.
Amendment of the Act on savings and credit cooperatives
Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended, Act No. 100 / 2000 Coll., Act No. 406 / 2001 Coll., Act No. 212 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 285 / 2009 Coll., Act No. 377 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 254 / 2008 Coll.
1. Paragraph 1 (2) reads as follows:
"(2) The permission to act as a cooperative reserve (hereinafter referred to as the" permit ') is granted by the Czech National Bank (§ 2a) to a cooperative established in the Czech Republic to carry out the following activities:
(a) taking deposits from their members; and
(b) the provision of loans to its members. ";
2. in Article 1 (5) (a), the word "granted" shall be inserted after the word "of scope" and the words "to act as a cooperative reserve pursuant to Article 2a (hereinafter referred to as" authorisation ") shall be deleted;
3. in Article 2a (5) (a), the word "other" shall be deleted and the words "committed in connection with business" shall be added at the end of the text of point (a);
4. In Article 3 (1), the introductory part of the provision reads:
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Regulation Information
| Citation | Act No. 254 / 2012 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.2012 |
|---|---|
| Effective from | 03.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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