Act No. 258 / 2016 Coll.
Law amending certain laws in connection with the adoption of the Consumer Credit Act
Valid
Law
Effective from 01.12.2016
258
THE LAW
of 14 July 2016
amending certain laws in connection with the adoption of the Consumer Credit Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Czech Trade Inspection
Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 189 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 40 / 2001 Coll., Act No. 421 / 2001 Coll., Act No. 155 / 2002 Coll., Act No. 219 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 439 / 2003 Coll., Act No. 490 / 2009 Coll., Act No. 229 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll.
1. In Paragraph 2 (1), the words "providing consumer credit 'are deleted.
2. In Paragraph 2 (2), the comma at the end of point (e) is replaced by a dot and point (f) is deleted, including footnote 1f.
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Article 3 (3), at the end of point (a), the words "the provision and mediation of consumer credit and the activity of accredited persons under the law governing consumer credit," shall be added.
2. In Annex No 2 LIABILITIES LIABILIVED, the subject of the business "Provision or brokering of consumer credit 'is deleted.
Amendment of the Law on judicial fees
Act No. 2 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
"Heading 17a
| Za návrh na zrušení rozhodčího nálezu | 3 000 Kč“. |
Amendment to the Banking Act
Act No. 21 / 1992 Coll., as amended by Act No. 264 / 1992 Coll., Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 2011, Act No. 100 / 2011, Act No. 100, No 2011, Act No. 2011, No. 100, No 2011, No. 2011, No. 100, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 100, No. 2011,
1. Paragraph 1 (3) is added at the end of the text in point (i) "; if the financial brokerage consists in the brokerage of consumer credit, the bank may carry on this activity only if one of the persons entitled to brokerage consumer credit under the law governing consumer credit '.
2. In Article 1 (4), the sentence "The Bank may carry out the activities of an accredited person under a law governing the activities of accredited persons on the financial market if it is an accredited entity under such a law."
3. In Paragraph 25a (3), the dot at the end of point (d) is replaced by "a 'and the following point (e) is added:
"(e) the provision of information to the European Parliament for the purpose of exercising investigative powers pursuant to Article 226 of the Treaty on the Functioning of the European Union.";
Amendment of the Reserve Act to determine the income tax base
Act No. 593 / 1992 Coll., on provisions for the determination of the income tax base, as amended by Act No. 157 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 244 / 1994 Coll., Act No. 132 / 1995 Coll., Act No. 211 / 1997 Coll., Act No. 176 / 2003 Coll., Act No. 438 / 2003 Coll., Act No. 669 / 2007 Coll., Act No. 126 / 2002 Coll., Act No. 216 / 2009 Coll., Act No. 260 / 2002 Coll., Act No. 223 / 2006 Coll.
1. in Paragraph 5a (2) (a):
"(a) are persons entitled to grant consumer credit under the law governing consumer credit; and"
footnote 6f is deleted.
2. In Paragraph 5a (2), at the end of point (b), the comma is replaced by a dot and point (c) is deleted.
3. In Paragraph 5a (4) (c), the words "other financial institutions whose capital is at least CZK 2 000 000 at the last date of the tax period 'are replaced by the words" remaining other financial institutions'.
Transitional provision
Paragraph 5a of Act No. 593 / 1992 Coll., as effective from the date of entry into force of the Act, applies from the first day of the tax period or the period for which the tax return is filed, in which the other financial institution ceases to be a business authorisation for the provision of credit.
Amendment of the Act on the Czech National Bank
Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 60 / 1993 Coll., Act No. 15 / 1998 Coll., Act No. 442 / 2000 Coll., Act No. 145 / 2005 Coll., Act No. 41 / 2011 Coll., Act No. 92 / 2011 Coll., Act No. 136 / 2001 Coll., Act No. 131 / 2002 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 125 / 2009 Coll.
1. in Article 44 (1), the following point (e) is inserted after point (d):
"(e) non-bank providers of consumer credit, independent intermediaries, tied consumer credit intermediaries, tied agents and foreign intermediaries under the law governing consumer credit, and ';
Point (e) shall be renumbered as point (f).
2. In Paragraph 44a (1), first sentence, "negotiation 'is replaced by" provision or mediation'.
3. footnote 9 shall read:
"9m) Act No. 257 / 2016 Coll., on Consumer Credit. '.
4. In Paragraph 44a (1), at the end of the first sentence, the words "or similar authorisation to operate on the territory of the Czech Republic granted by a foreign authority 'shall be added.
Amendment of the Arbitration and Enforcement Act
Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended by Act No. 245 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 7 / 2009 Coll., Act No. 466 / 2011 Coll., Act No. 19 / 2012 Coll., Act No. 91 / 2012 Coll. and Act No. 303 / 2013 Coll., is amended as follows:
1. In Paragraph 2 (1), the words "disputes arising from contracts concluded by an entrepreneur with the consumer 'shall be inserted after the words" except'.
2. In Article 3, paragraphs 3 to 6 are deleted.
3. Paragraph 4 (3) is deleted.
4. Paragraph 8 (3) is deleted.
5. In Article 15 (2), the last sentence is deleted.
6. In Paragraph 25 (2), the last sentence is deleted.
7. In Paragraph 25 (3), the last sentence is deleted.
8. In Article 31, points (g) and (h) are deleted.
Point (i) shall be renumbered as point (g).
9. In Paragraph 32 (1), the last sentence is deleted.
10. Paragraph 32 (3) is deleted.
11. in Paragraph 33, the last sentence is deleted;
12. in Paragraph 34, the words "(a), (b)," shall be replaced by "(a) or (b)," and "(g) or (h)," shall be deleted;
13. in Article 34 (2), the words "Article 31 (c) to (f) or (i)" shall be replaced by "Article 31 (c) to (g)."
14. Paragraph 34 (3) is deleted.
15. in Article 35 (1), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
16. Part six shall be deleted, including the title.
Transitional provisions
1. The validity of the arbitration agreement is assessed in accordance with Act No. 216 / 1994 Coll., as effective at the time of conclusion of the arbitration agreement.
2. Arbitration proceedings initiated on the basis of arbitration agreements concluded before the date of entry into force of this Act shall be discussed and decided in accordance with existing legislation.
3. The provisions of Sections 40a to 40d of Act No 216 / 1994 Coll. shall apply to arbitrators entered on the list of arbitrators on the date preceding the date of entry into force of this Act in the version effective before the date of entry into force of that Act.
Amendment of the Building Savings Act
Act No. 96 / 1993 Coll., on building savings and state aid for building savings and on the addition of Act No. 586 / 1992 Coll., on income taxes, as amended by Act No. 35 / 1993 Coll., as amended by Act No. 83 / 1995 Coll., Act No. 423 / 2003 Coll., Act No. 292 / 2005 Coll., Act No. 161 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 64 / 2014 Coll., Act No. 135 / 2014 Coll., and Act No. 104 / 2016 Coll., is amended as follows:
1. Paragraph 9 (1) shall be added at the end of the text in point (j) "where the financial brokerage consists in the brokerage of consumer credit, the building savings bank may carry out this activity only if one of the persons authorised to brokerage consumer credit is entitled under the law governing consumer credit '.
2. In Paragraph 9 (1), the dot at the end of point (j) is replaced by a comma and the following point (k) is added:
"(k) carry out the activities of an accredited person under the Consumer Credit Act."
Amendment of the Act on savings and credit cooperatives
In Article 25a (3) of 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 Tax, as amended, as amended, as amended, Act No. 377 / 2005 Coll., Act No. 120 / 2007 Coll., Act No. 41 / 2011 Coll. and Act No. 135 / 2014 Coll., the dot is replaced by the following:
"(d) the provision of information to the European Parliament for the purpose of exercising investigative powers pursuant to Article 226 of the Treaty on the Functioning of the European Union.";
Amendment of the Administrative Charges Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, No No. 2011 / 2011, Act No. 2011, No No. 2011, No.
1. In the Annex, entry 10 (g), including footnote 9b, is deleted.
Point (h) shall be renumbered as point (g).
2. in the Annex, entry 65 in point 9, the following points (n) to (q) are added:
| „n) udělení oprávnění k činnosti nebankovního poskytovatele spotřebitelského úvěru | Kč 50 000 |
| o) udělení oprávnění k činnosti samostatného zprostředkovatele podle zákona upravujícího spotřebitelský úvěr | Kč 10 000 |
| p) akreditaci podle zákona upravujícího spotřebitelský úvěr | Kč 50 000 |
| q) prodloužení akreditace podle zákona upravujícího spotřebitelský úvěr | Kč 25 000“. |
3. in the Annex, entry 65, the following points 11 and 12 are added:
"11. Minutes
| a) oprávnění k činnosti vázaného zástupce do registru podle zákona upravujícího spotřebitelský úvěr | Kč 2 000 |
| b) oprávnění k činnosti zprostředkovatele vázaného spotřebitelského úvěru pro daného zastoupeného | Kč 2 000 |
12. Extension of approval
| a) k činnosti nebankovního poskytovatele spotřebitelského úvěru | Kč 25 000 |
| b) k činnosti samostatného zprostředkovatele podle zákona upravujícího spotřebitelský úvěr | Kč 5 000 |
| c) k činnosti vázaného zástupce podle zákona upravujícího spotřebitelský úvěr | Kč 1 000 |
| d) k činnosti zprostředkovatele vázaného spotřebitelského úvěru pro daného zastoupeného | Kč 1 000“. |
4. In Annex 65, the note at the end of heading 65 reads:
"Note
A non-bank consumer credit provider or a separate intermediary and in accordance with point 12 (a) or (b) of this item shall be liable for the administrative fee for the extension of the authorisation. (c) or (d) represented. The fee shall be payable no earlier than 3 months before the end of the authorisation and no later than 30 days before the end of the authorisation. '
Amendment of the Financial Security Act
In Article 7 (1) (c) (1) of Act No. 408 / 2010 Coll., on Financial Security, as amended by Act No. 303 / 2013 Coll., the word "mortgage," is deleted.
EFFECTIVE
That law shall take effect on the first day of the fourth calendar month following its publication.
v. Pokorná- Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 258 / 2016 Coll., amending certain laws in connection with the adoption of the Consumer Credit Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.08.2016 |
|---|---|
| Effective from | 01.12.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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