Act No. 278 / 2013 Coll.

Law amending certain laws in connection with the adoption of the Exchange Act

Valid Law Effective from 01.11.2013
278
THE LAW
of 21 August 2013
amending certain laws in connection with the adoption of the Exchange Act
Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment to the law on circulation of banknotes and coins
Čl. III
Act No. 136 / 2011 Coll., on the circulation of banknotes and coins and amending Act No. 6 / 1993 Coll., on the Czech National Bank, as amended, as amended, as amended, Act No. 254 / 2012 Coll., is amended as follows:
1. in Article 3, point (b) is deleted;
Point (c) shall be renumbered (b).
2. in Article 16 (1) (a), the words "which is a limited limited company or a limited company" shall be replaced by the words "which is a limited company, a limited company or a public undertaking."
3. In Paragraph 29 (2), the word "currency changer" shall be inserted after the words "processor of domestic banknotes and coins."
4. In Paragraph 29 (2), the words "receiving, processing or returning domestic and foreign banknotes and coins have been carried out by persons who are" replaced by "persons who, when processing domestic banknotes and coins, assess their authenticity or return the banknotes or coins received to circulation have been '.
5. In Article 33 (1), the words "the casino operator, the holder of a postal licence or a special postal licence under the Postal Service Act, as well as the payment institution, the small-scale payment service provider, the electronic money institution and the small-scale electronic money issuer, and the small-scale electronic money issuer," shall be replaced by the words "the currency changer, the casino operator, the postal licence holder or the special postal licence under the Postal Service Act, as well as the payment institution, the small-scale payment service provider, the electronic money issuer or the issuance of electronic money into circulation."
6. in Paragraph 33 (3) (b):
"(b) persons who, when processing domestic banknotes and coins, assess their authenticity or return the banknotes or coins received to circulation
1. in the Czech National Bank,
2. credit institutions carrying out treasury operations;
3. for processors of domestic banknotes and coins; or
4. For a currency changer who conducts currency-to-currency transactions other than the Czech koruna, euro, US dollar, British pound or Japanese yen, "
7. In Article 33 (3) (c), the word "legal 'is deleted.
8. In Article 33 (3) (c), the words "when receiving, processing or returning domestic and foreign banknotes and coins their authenticity and validity 'are replaced by" when processing domestic banknotes and coins assess their authenticity or return received banknotes or coins into circulation'.

ČÁST TŘETÍ

Amendment to the Financial Arbiter Act
Čl. IV
Act No. 229 / 2002 Coll., on Financial Arbiter, as amended by Act No. 558 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll. and Act No. 180 / 2011 Coll., is amended as follows:
1.
„§ 1
(1) A financial arbitrator (hereinafter referred to as "arbitrator") shall also be responsible for deciding a dispute which falls otherwise within the competence of the Czech courts when the dispute between
(a) the payment service provider and the payment service user when providing payment services;
(b) by the issuer of electronic money and by the holder of electronic money in the issue and re-exchange of electronic money;
(c) by the creditor or intermediary and the consumer when offering, providing or brokering consumer credit;
(d) an investment fund, an investment company or a foreign investment company, a securities dealer or an investment intermediary and a consumer in collective investment through a standard fund or a special fund which collects funds from the public;
(e) by an insurance or insurance intermediary and an insurance seeker, a policyholder, an insured person, an authorised person or a fortified person when offering, providing or brokering life insurance;
(f) the operator of the exchange activity and the person with whom the exchange transaction has been carried out.
(2) The negotiation of an arbitration agreement does not preclude the competence of the arbitrator.
(3) Arbiter seeks, in particular, to resolve the dispute amicably. "
footnote 1 is deleted.
2.
„§ 3
(1) For the purposes of this Act, the institution shall:
(a) the payment service provider;
(b) an electronic money issuer;
(c) the creditor or intermediary when offering, providing or brokering consumer credit;
(d) an investment fund, an investment company, a foreign investment company, a securities dealer or an investment intermediary in collective investment through a standard fund or a special fund which collects money from the public;
(e) an insurance undertaking or an insurance intermediary when offering, providing or brokering life insurance;
(f) the operator of the exchange activity.
(2) For the purposes of this Act, the applicant is a payment service user in the case of disputes referred to in § 1 (1) (a), an electronic money holder in the case of disputes referred to in § 1 (1) (b), a consumer in the case of disputes referred to in § 1 (1) (c) and (d), a customer in the case of disputes referred to in § 1 (1) (e), an interest in carrying out an exchange transaction or in the case of disputes referred to in § 1 (1) (f).
(3) The consumer shall be understood as a natural person who does not act in the course of his business or in the context of the independent exercise of his profession. ';
3. Paragraph 19 shall be deleted, including the title.
4. In Article 23 (1), the words ", 19 'are deleted.

ČÁST ČTVRTÁ

Amendment of the Freedom to Movement of Services Act
Čl. V
In Article 2 (1) of Act No 222 / 2009 Coll., on the free movement of services, the words "under another legislation 28) 'shall be added at the end of the text in point (a).
Footnote 28 reads as follows:
"28) For example Act No. 277 / 2013 Coll., on Currency Exchange Activities. '.

ČÁST PÁTÁ

EFFECTIVE
Čl. VI
That law shall take effect on the first day of the second calendar month following its publication.
Germany
Zeman v. r.
Rusnok v. r.

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Regulation Information

CitationAct No. 278 / 2013 Coll., amending certain laws in connection with the adoption of the Currency Exchange Act
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation10.09.2013
Effective from01.11.2013
Effective until-
Status Valid
The regulation text is for informational purposes only.
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