What is Act No. 280 / 2025 Coll.?

Act No 280 / 2025 Coll., amending certain laws in the field of the financial market in relation to the modification of branches of foreign banks from non-Member States, the modification of certain offences and the strengthening of supervisory powers and independence — Law amending certain laws in the field of the financial market in relation to the modification of branches of foreign banks from non-Member States, the modification of certain offences and the strengthening of supervisory powers and independence.

When it became Act No. 280 / 2025 Coll. effectiveness?

Act No. 280 / 2025 Coll. became effective 11.01.2026.

Is Act No. 280 / 2025 Coll. still valid?

Yes, Act No. 280 / 2025 Coll. is still valid and effective.

How many times was it Act No. 280 / 2025 Coll. amended?

Act No. 280 / 2025 Coll. has 3 time versions of the text.

Act No. 280 / 2025 Coll.

Law amending certain laws in the field of the financial market in relation to the modification of branches of foreign banks from non-Member States, the modification of certain offences and the strengthening of supervisory powers and independence

Valid Law Effective from 11.01.2026

Text versions: 11.01.2026 07.08.2025

ČÁST PRVNÍ Čl. I „§ 4b § 4c § 4d § 4e § 4f „§ 5 „§ 7 „§ 8aa § 8ab § 8ac § 8ad § 8ae § 8af § 8ag § 8ah § 8ai § 8aj § 8ak § 12a „§ 12aa § 12ab § 12ac § 12ad § 12ae § 12af § 12ag § 12ah § 12ai § 12aj § 12ak § 12al § 12am § 12an „§ 12va „§ 14 „§ 17b § 17c § 17d § 17e § 17f § 17g § 17h § 17i § 17j § 17k § 17l § 17m § 17n § 17o § 17p § 17q § 17r § 17s „§ 22 „§ 22a § 22b „§ 24a „§ 25ga „§ 26ac „§ 29a „§ 30a § 30b „§ 34a „§ 36i „§ 38hc Čl. II ČÁST DRUHÁ Čl. III „§ 49b § 49c § 49d § 49e § 49f § 49g § 49h ČÁST TŘETÍ Čl. IV „§ 2ca § 2cb § 2cc § 2cd § 2ce § 2cf § 2cg § 2ch „§ 7aaa § 7aab § 7aac § 7aad § 7aae § 7aaf „§ 8asa „§ 21ea „§ 27e „§ 28c Čl. V ČÁST ČTVRTÁ Čl. VI „§ 10a „§ 10ab § 10ac § 10ad ČÁST PÁTÁ Čl. VII ČÁST ŠESTÁ Čl. VIII ČÁST SEDMÁ Čl. IX

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280

THE LAW

of 3 July 2025

amending certain financial market laws relating to the modification of branches of foreign banks from non-Member States, the modification of certain infringements and the strengthening of supervisory powers and independence

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Banking Act

Čl. I

Act No. 21 / 2011, Act No. 13 / 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. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 15 / 2011, Act No. 2011, Act No. 15, Act No. 15, Act No. 2011, Act No. 15, Act No. 15,

1. in Article 1 (3) at the end of the text of point (e) and in Article 5d at the end of the text of point (f), the words "and promises" shall be added;

2. Paragraph 1 (6) is deleted.

Paragraphs 7 to 10 shall be renumbered paragraphs 6 to 9.

3. In Article 1 (6), the words "The branch of a foreign bank may continue to carry out the activities referred to in paragraph 4 (c) 'are replaced by the words" The activities referred to in paragraph 4 (c) may be carried out by a foreign bank under Article 3b (3) (j)'.

4. In Paragraph 1 (7), the words "branch of a bank from a non-Member State 'are replaced by the words" foreign bank from a non-Member State under Paragraph 3b (3) (h)'.

5. in Paragraph 3b (2) (l):

"(l) a group subject to resolution under the financial market law governing recovery and resolution;"

6. In Article 3b, the following paragraph 3 is added:

"(3) For the purposes of this Act:

(a) a global systemically significant institution of a global systemically significant institution as referred to in Article 4 (1) (133) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(b) a global systemically significant institution outside the European Union, a global systemically significant institution outside the European Union pursuant to Article 4 (1) (134) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(c) a global systemically relevant institution entity, as referred to in Article 4 (1) (136) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(d) another systemically significant institution other systemically significant institution as referred to in Article 4 (1) (146) (b) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(e) environmental risk, social risk and risk of environmental, social and administrative management as referred to in Article 4 (1) (52d) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(f) the Member State of the European Union and the State Party to the Agreement on the European Economic Area,

(g) a foreign bank from a Member State of an institution established in another Member State carrying out any of the activities referred to in § 5d in the Czech Republic through its branch established in the Czech Republic;

h) a foreign bank from a Member State other than a Member State, a person having its head office in a Member State other than that which, under a licence granted by the Czech National Bank, carries out an activity in the territory of the Czech Republic through its branch established in the Czech Republic

1. the granting of loans under Article 1 (1) (b) or the provision of guarantees and commitments under Article 1 (3) (e); or

2. acceptance of deposits from the public pursuant to Article 1 (1) (a);

(i) the principal person of a foreign bank other than a Member State and all its controlling persons;

(j) a foreign bank from a Member State and a foreign bank from a non-Member State;

(k) the minimum exit threshold for the minimum exit threshold referred to in Article 92 (3) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(l) eligible own funds eligible under Article 4 (1) (71) (a) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(m) a significant participation in another person equal to at least 15% of the eligible capital of the bank and of the financial holding person or mixed financial holding person approved in accordance with Article 27 (1) before acquiring a holding in that person;

(n) the information and communication technology risk referred to in Article 4 (1) (52c) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(o) a large institution of a large institution as referred to in point 146 of Article 4 (1) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(p) the Financial Director is the natural person responsible for the overall management of the Bank's financial resources, financial planning and financial reporting;

(q) internal control function of the risk management function, compliance function or internal audit function;

(r) the head of the internal control function, the natural person responsible for day-to-day management of the risk management function, the compliance function or the internal audit function, which is the maximum in the management hierarchy of the relevant function;

(s) a person in a key function who has a significant influence on the day-to-day management of the Bank's activities but is not a member of its statutory body; the person having a significant influence on the day-to-day management of the Bank's activities is the head of the internal control function and the financial director;

(t) the senior management person is directly subordinate to the statutory body of the bank and is involved in the day-to-day management of the bank under the authority of the bank; the senior management is not a member of the statutory body of the Bank,

(u) the cryptoasset cryptoasset referred to in Article 3 (1) (5) of Regulation (EU) 2023 / 1114 of the European Parliament and of the Council on cryptoasset markets which is not the central bank's digital currency. ';

7. in Article 4 (3) (a):

"(a) institutions,"

8. In the first sentence of Article 4 (6), the words "register register 'are replaced by the words" register'.

9. Paragraph 4 (7) reads as follows:

"(7) Where the Czech National Bank assesses the application referred to in paragraph 1 together with the application for approval pursuant to Paragraph 28 or the exemption from the approval requirement under Paragraph 29, it shall consult the competent supervisory authority of another Member State designated to exercise supervision on a consolidated basis and the competent supervisory authority of the Member State in which the person requesting pursuant to Paragraph 28 or 29 has its registered office, depending on the case in question. In such a case, the time limit for the decision to grant a licence under Paragraph 40 (3) shall be suspended until the date on which the decision on the application for approval pursuant to Paragraph 28 or the request for exemption from the approval requirement under Paragraph 29 becomes final. If the Czech National Bank does not receive the opinion of the competent supervisory authority within the time limit for the granting of the licence, the proceedings shall be suspended for a period of 60 days in order to ensure the expression of the competent supervisory authority by the Czech National Bank."

10. The following Sections 4b to 4f are inserted after Section 4a:

„§ 4b

(1) A person with a head office in a Member State other than a Member State that fulfils the criteria laid down in Article 4 (1) (1) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council may, in the territory of the Czech Republic, carry out the lending activity referred to in § 1 (1) (b) or the provision of guarantees and commitments pursuant to § 1 (3) (e) if the activity is carried out through a branch established in the Czech Republic and the Czech National Bank grants it a licence for that activity.

(2) A person with a real head office in a Member State other than a Member State may carry out a deposit-taking activity in the territory of the Czech Republic in accordance with Paragraph 1 (1) (a) if the activity is carried out through a branch established in the Czech Republic and the Czech National Bank grants it a licence for that activity.

(3) The person referred to in paragraph 1 or 2 may carry out other activities within the territory of the Czech Republic in accordance with Paragraph 1 (3) if he / she is authorised in a licence granted by the Czech National Bank under § 4f and performs it through a branch established in the Czech Republic.

§ 4c

(1) A person pursuant to § 4b may operate in the territory of the Czech Republic pursuant to § 1 (1) and § 1 (3) (e) without a licence granted by the Czech National Bank only if the counterparty has its registered office in a Member State and is:

(a) an eligible counterparty under the law governing business on the capital market, a professional client under the law governing business on the capital market or a customer who is not a professional client under the law governing business on the capital market, provided that the activity or service is provided solely on the sole initiative of such counterparty;

(b) a credit institution; or

(2) The exercise of an activity or provision of services pursuant to § 1 (1) and § 1 (3) (e) without a licence granted by the Czech National Bank on the basis of the counterparty's own initiative pursuant to paragraph 1 (a) only authorises the person referred to in § 4b to carry out the activity or supply of services on the basis of the counterparty's own initiative and the activities or services required for that exercise or provision of services.

(3) Where a counterparty or potential counterparty is contacted by a person under Paragraph 4b or a person having close links with a person under Paragraph 4b, it shall not be an activity or service provided solely on the basis of the counterparty's own initiative under paragraph 1 (a).

§ 4d

If a person pursuant to § 4b in the territory of the Czech Republic carries on activities under § 4b (1) or (2) in direct connection with an investment service under the law governing business on the capital market, this law shall not apply.

§ 4e

(1) The person pursuant to § 4b applies for a licence to the Czech National Bank.

(2) The application for a licence referred to in paragraph 1 shall contain, in addition to the formalities laid down in the administrative rules, information on compliance with the conditions for granting the licence pursuant to Article 4f (2). The application may only be submitted electronically.

(3) The licence application referred to in paragraph 1 shall include:

(a) a plan of the activities it intends to carry out through the branch;

(b) information on the organisational structure of the branch; and

(4) The details of the details of the application and annexes referred to in paragraph 3, the format and other technical details shall be laid down by the Czech National Bank by decree.

§ 4f

(1) The Czech National Bank decides on the granting of the licence under § 4e (1).

(2) The following conditions shall be met for the granting of the licence:

(a) requirements under § 12ab to 12ag;

(b) a person under Article 4b has been authorised and supervised for the pursuit of an activity which he intends to pursue in the territory of the Czech Republic in the State of his registered office,

(c) the person referred to in § 4b has informed the supervisory authority in the State of his registered office of his intention to operate in the Czech Republic through his branch and provided him with information and documents pursuant to § 4e (3);

(d) the competent supervisory authority of the person referred to in § 4b has made available to the Czech National Bank all information about the person necessary for the purposes of the supervision of its branch;

(e) the legal order of the State of residence of the person referred to in Article 4b does not provide for any impediment to the Czech National Bank being able to effectively coordinate its supervisory activities with that person's competent supervisory authority in a non-Member State, in particular during a period of crisis or financial difficulties of that person or group of which it is part, or difficulties in the financial system of a non-Member State;

(f) Neither the Financial Analytical Office on the basis of its supervisory activities nor the Czech National Bank have any reasonable suspicion that a branch set up by a person under § 4b in the Czech Republic is used to legalise the proceeds of crime or terrorist financing;

(g) the main person or group of persons complies with the prudential requirements applicable to them under legislation other than the Member State and it is not reasonable to suspect that they do not meet those requirements or infringe them within 12 months of the date of issue of the licence.

(3) Before granting the licence, the Czech National Bank will request an opinion from the Financial Analysis Office to evaluate compliance with the condition laid down in paragraph 2 (f). The Financial Analytical Office shall deliver an opinion within 30 days of the date of receipt of the Czech National Bank's request. In the statement of reasons, the Financial Analysis Office shall state only in general terms the facts on which the opinion was given. If the Financial Analysis Office does not deliver an opinion within the time limit, the Financial Analysis Office shall be deemed not to have reasonable grounds to suspect that a branch established by a person pursuant to § 4b in the Czech Republic is used to legalise the proceeds of crime or terrorist financing.

(4) In the decision granting the licence, the Czech National Bank provides that a foreign bank from a Member State other than a Member State may carry out authorised activities only within the territory of the Czech Republic and may not carry out authorised activities in other Member States on a cross-border basis, except:

(a) services provided exclusively on the basis of the counterparty's own initiative; or

(b) intra-group financing between branches of the same principal. "

11.

„§ 5

The Czech National Bank shall endeavour to conclude a cooperation agreement with the competent supervisory authority of the non-Member State in the field of cross-border supervision of the branch before the date of the start of the operation of a foreign bank from a non-Member State in the Czech Republic. In addition, the Czech National Bank uses the model cooperation agreements drawn up by the European Banking Authority (19) pursuant to Article 33 (5) of Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council. '

12. in the first and second sentences of Paragraph 5a (1), the words "Banks located in Member States" shall be replaced by the words "Foreign banks from Member States."

13. in § 5a (1), first sentence, § 5ka (2) and in § 5p, first sentence, the words "from a Member State" shall be inserted after the word "bank."

14. In Paragraph 5a (2), the word "foreign 'shall be inserted after the word" o'.

15. Paragraph 5a (3) is deleted.

Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.

16. In Article 5a (3), the words "foreign 'are inserted after the words" foreign', "(b) '," 5a', "9 '," 20b' and "41m 'are replaced by the words", "38a' and 41m '.

17. in Paragraph 5a (4):

"(4) If a branch of a foreign bank from a Member State becomes a participant in a payment system operated by the Czech National Bank, the legislation governing the operation of that system shall apply to a foreign bank from a Member State. If a branch of a foreign bank from a Member State makes use of the option under Paragraph 38a (1), it shall apply to a foreign bank from a Member State of § 38a. '

18. in § 5a (5) of the introductory part of the provision, § 26 (7), § 38e (1) (d) and (e), § 38e (2), § 41c (6) first sentence, § 41c (8), § 41c (1) (1) (2) first sentence, § 41cc (3) second sentence, § 41d (3) second sentence, § 41d (5), § 41e (1) second sentence, § 41f (2) first sentence, § 41f (5) second sentence, § 41f (7) first and § 41h (1) and in § 41h (2) first sentence, the words "branch of the bank" of the foreign bank. "

19. in Paragraph 5a (5) (c), the words "foreign banks from a Member State" shall be inserted after the words "branch."

20. In § 5a (5) (e) and (f), § 5a (6), first sentence, § 5k (4), second sentence, § 5ka (1) and in § 5n (3) (b), the words "from a Member State" shall be inserted after the word "bank."

21. In the first sentence of Article 5a (6), the word "foreign 'shall be inserted after the word" branches' and the words "from a Member State 'shall be inserted after the words" foreign bank'.

22. In the second sentence of Article 5a (6), the words "seat of the bank 'are replaced by the words" seat of a foreign bank from a Member State' and the word "foreign bank 'is inserted after the word" branch'.

23. In the first sentence of Paragraph 5a (7), the word "foreign 'shall be inserted after the word" branch'.

24. in Article 5c (3), the word "foreign" shall be inserted after the words "Union or";

25. in § 5d (r):

"(r) the provision of services related to cryptoassets under the conditions laid down directly by the applicable European Union regulation governing the markets for cryptoasset 47).";

26. in § 5g (1), the words "pursuant to § 5c (1)" shall be inserted after the words "the capital of the bank" and after the word "the bank."

27. in Article 5k (2), the words "European Supervisory Authority (European Banking Authority) 19) (hereinafter" European Banking Authority ")" shall be replaced by the words "European Banking Authority";

28. In the first sentence of Paragraph 5k (3) and in the first sentence of Paragraph 5k (4), the words "from a Member State or authorised financial institution 'shall be inserted after the words" bank'.

29. In the first sentence of Paragraph 5k (4), the words "foreign banks from a Member State or authorised financial institution 'shall be inserted after the words" investors'.

30. In the first sentence of Paragraph 5k (6), the words "a bank under Section 5c (1) 'are replaced by the words" a foreign bank from a Member State'.

31. in Article 5l (2) and in Article 5n (3) (c), the words "foreign banks from a Member State" shall be inserted after the words "branches."

32. in § 5n (1), the words "bank branch" are replaced by the words "foreign bank branch."

33. In Article 5n (2), first and last sentences and in Article 5n (3), introductory part of the provision, the word "foreign" shall be inserted after the word "branch."

34. in § 5n (4), first and second sentences, § 5n (5), first sentence, § 8 (11), § 41ca (4) and in § 41e (1), the word "foreign" shall be inserted after the word "branch."

35. in Article 5n (6) (a), the words "banks located in a Member State" are replaced by the words "foreign banks from a Member State."

36. in § 5p, the last sentence is deleted.

37.

„§ 7

The Czech National Bank maintains a list of banks and branches of foreign banks and publishes it in a way that allows remote access. '

38. In Paragraph 7a (2) of the Introductory Part of the provision, the words "from a Member State other than a Member State 'shall be inserted after the word" bank'.

39. in Article 7a (2) (a) and (b), Article 16 (4) (c) and in the first sentence of Article 38f (3), the words "from a Member State other than a Member State" shall be inserted after the words "foreign bank";

40. in § 7a (2) (b), the words "act as a bank" shall be replaced by the words "act."

41.In Paragraph 7a (3):

"(3) From the date of expiry of the licence, a legal person who has ceased to be a licence or a person under Paragraph 4b may not receive deposits, grant loans, guarantees and commitments, and carry out other activities, except those necessary to settle its claims and liabilities. Until a legal person who has ceased to be licensed has settled its claims and obligations or has settled its claims and liabilities in accordance with Paragraph 4b in respect of its branch, it shall be considered as a bank or branch of a foreign bank from a Member State other than that of that law. '

42. In the second sentence of Article 8 (1), the words "the term" the statutory director "shall be deleted.

43.Paragraph 8 (2) reads as follows:

"(2) A natural person who is directly subordinate to the statutory body of the Bank and to whom, as the sole body, the management of the Bank has delegated its management to at least the extent of the day-to-day management of the Bank as a whole, may not be chairman of the Board of Directors of the Bank."

44. in Article 8 (3), the words "including in the field of environmental, social and management and ICT risks" shall be added at the end of the text of point (b).

45. in Article 8 (3) (c), the words "including gender balance" shall be inserted after the word "diversity."

46. in Paragraph 8 (6), the words "or persons in whom the institutional system of protection has a qualified participation" shall be added at the end of the text of point (b).

47. in Paragraph 8 (10), "3" is replaced by "2" and at the end of the text of the paragraph the words "approved in accordance with § 27 (1)" are added.

48. In Section 8, paragraph 12 is added:

"(12) Paragraphs 3 to 9 shall not apply to the temporary administrator or special administrator appointed by the Czech National Bank under the law governing recovery and resolution of the financial market."

49. in Paragraph 8a (2):

"(2) Paragraph 1 shall apply mutatis mutandis to members of a foreign bank body other than a Member State which is similar to a statutory body and to persons in the management of its branch. ';

50. The following Sections 8aa to 8ac are inserted after Section 8a, including the headings and footnotes No 49:

„§ 8aa

Assessment of the suitability of a person to perform the function of a statutory body or supervisory board member by a bank

(1) The Bank shall assess, prior to the appointment of a person as a member of its statutory body or supervisory board, whether that person is fit to perform that function. The person is suitable for the performance of this function if he meets the requirements of Sections 8 and 8b. The Bank shall assess the suitability of a person on an ongoing basis during the performance of this function.

(2) If the assessment provided for in paragraph 1 shows that the person is not fit to serve as a member of the statutory body or supervisory board, the bank shall:

(a) may not invite such person to this function;

(b) without undue delay, withdraw such person from the post of member of its statutory body or supervisory board; or

(c) without undue delay, take measures to ensure that such a person, as a member of its statutory body or supervisory board, complies with the requirements of paragraphs 8 and 8b.

§ 8ab

Notification of changes to the composition of the statutory body and the supervisory board of the bank

(1) The Bank will notify the Czech National Bank in advance of a proposal for a change in the composition of the statutory body or supervisory board, providing it with the information necessary to assess whether the person under Section 8aa (1) is suitable for the performance of the function of a member of the statutory body or supervisory board.

(2) The notification referred to in paragraph 1 shall include:

(a) the basic identification details of the person notified, the name, surname, date of birth, permanent or other residence or nationality, where applicable;

(b) documents certifying the suitability of a person under § 8aa (1) and its structured CV;

(d) a document similar to an extract from the criminal record of a person pursuant to Paragraph 8aa (1) issued by a foreign State, if relevant to that person; where no such document is issued by a foreign State, a declaration by a person in accordance with Paragraph 8aa (1) shall suffice; and

(e) an indication of the intended date of employment of a person under Paragraph 8aa (1), to the office and date of effective establishment of the person under Section 8aa (1).

(3) If the bank is a large institution, the Czech National Bank shall notify the draft amendment referred to in paragraph 1 as soon as there is an intention to call the person into office as a member of the statutory body or supervisory board, but not later than 30 working days before his or her occupation.

§ 8ac

Procedure for the suitability of a person for a profession as a member of a statutory body or supervisory board

(1) If the Czech National Bank has reasonable doubts as to whether a person under Section 8aa (1) is suitable for a profession as a member of the statutory body or supervisory board, it shall initiate proceedings concerning the suitability of that person for a profession. Until the final termination of this procedure, the bank may not invite a person under Paragraph 8aa (1) to this office.

(2) If, pursuant to § 8aa (1), a person is suitable for the performance of the function of a member of the statutory body or supervisory board, the Czech National Bank shall decide that the bank may call that person into office; the decision does not need to state reasons.

(3) If a person is not suitable under § 8aa (1) for the performance of the function of a member of the statutory body or supervisory board, the Czech National Bank shall prohibit the Bank from calling that person to that function.

§ 8ad

Common provisions for assessing the suitability of a member of the statutory body or supervisory board of the bank

(1) If there are reasonable doubts as to the suitability of a member of the statutory body or supervisory board of the Bank for the performance of this function, the Bank shall carry out a new assessment of the suitability of that member without undue delay and notify the result of that assessment to the Czech National Bank.

(2) The Czech National Bank shall carry out a reassessment of the suitability of a member of the statutory body or supervisory board of the Bank in the case referred to in paragraph 1 or, if a change is made to the circumstances giving rise to reasonable doubts as to the suitability of a member of the statutory body or supervisory board of the Bank for the performance of this function, shall take appropriate corrective measures in accordance with Paragraph 26.

(3) The Czech National Bank does not need to carry out a reassessment of the suitability of a member of the statutory body or supervisory board of the Bank, if it follows the immediate new term of office of that member for the completed term of office and the Czech National Bank has no reasonable doubt as to its suitability for the performance of that function.

(4) The Czech National Bank may request consultation by the Financial Analysis Office or an authority from another Member State responsible for supervision in the field of measures against the legalisation of proceeds from crime and terrorist financing for the purpose of verifying information relating to a member of the statutory authority or supervisory board of the Bank.

(5) The Czech National Bank may request the Anti-Money Laundering and Terrorism Financing Authority established by Regulation (EU) 2024 / 162049 of the European Parliament and of the Council to access the central database on the fight against money laundering and terrorist financing under this Regulation for the purpose of verifying information relating to a member of the statutory authority or the Supervisory Board of the Bank.

(6) For the purposes of paragraphs 1 to 5 and § 8aa to 8ac, a person under Paragraph 8 (2) shall be considered as a member of the statutory body.

§ 8ae

Assessment of the suitability of a person to perform the function of a member of the statutory body or supervisory board in relation to a financial holding person and a mixed financial holding person

(1) Paragraphs 8aa, 8ab (1) and (2) and 8ac and 8ad shall apply mutatis mutandis to a financial holding person or mixed financial holding person approved in accordance with Article 27 (1).

(2) Paragraph 8ab (3) shall apply mutatis mutandis to a financial holding person or mixed financial holding person approved in accordance with Article 27 (1) which:

(a) fulfil any of the conditions referred to in Article 4 (1) (146) (a) to (d) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council; or

(b) it does not fulfil any of the conditions laid down in Article 4 (1) (146) (a) to (d) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council but has a large institution in its group.

(3) Where a financial holding person or a mixed financial holding person approved pursuant to Paragraph 27 (1) is a foreign person, the provisions relating to the statutory authority shall apply to a body having similar management responsibilities, depending on the legal form of the financial holding person or mixed financial holding person approved under Paragraph 27 (1).

(4) A natural person who is directly subordinate to a body having a similar management function to that of a statutory authority, depending on the legal form of the financial holding person or mixed financial holding person approved in accordance with Paragraph 27 (1) and to which at least daily management of the financial holding person or mixed financial holding person approved in accordance with Paragraph 27 (1) as a whole has been delegated by that authority as the sole authority, shall be deemed to be a member of that authority for the purposes of paragraphs 1 to 3 and § 8aa to 8ad.

(5) Where a financial holding person or a mixed financial holding person approved in accordance with Article 27 (1) does not have a supervisory board, the provisions concerning the supervisory board shall apply to a body having similar supervisory powers depending on the legal form of the financial holding person or mixed financial holding person approved in accordance with Article 27 (1).

§ 8af

Requirements for a person in a key function

The Bank shall ensure that its person in a key function is credible, sufficiently competent and experienced and fulfils his or her duties properly and honestly.

§ 8ag

Assessment of the suitability of a key bank function

(1) The Bank will assess in advance whether the person to become a key person is suitable for the performance of the Bank. The person is suitable for performing key functions if he meets the requirements of § 8af. The Bank shall assess the suitability of a person on an ongoing basis during the performance of this function.

(2) If the assessment referred to in paragraph 1 shows that a person is not suitable for the performance of a key function, the Bank shall:

(a) may not invite such person to this function;

(b) without undue delay, withdraw the person from the key function; or

(c) without undue delay take measures to ensure that the person in the key function fulfils the requirements of Section 8af.

§ 8ah

Zobrazit všechna ustanovení (1613)

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Regulation Information

Citation	Act No 280 / 2025 Coll., amending certain laws in the field of the financial market in relation to the modification of branches of foreign banks from non-Member States, the modification of certain offences and the strengthening of supervisory powers and independence
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	07.08.2025
Effective from	11.01.2026
Effective until	-
Status	Valid

Parliamentary Paper: Paper No. 922

The regulation text is for informational purposes only.