What is Act No. 284 / 2009 Coll.?

Act No. 284 / 2009 Coll., on Payment — Law on payment.

When it became Act No. 284 / 2009 Coll. effectiveness?

Act No. 284 / 2009 Coll. became effective 01.11.2009.

Is Act No. 284 / 2009 Coll. still valid?

Yes, Act No. 284 / 2009 Coll. is still valid and effective.

How many times was it Act No. 284 / 2009 Coll. amended?

Act No. 284 / 2009 Coll. has 13 time versions of the text.

Act No. 284 / 2009 Coll.

Law on payment

Valid Law Effective from 01.11.2009

Text versions: 01.07.2017 01.03.2017 13.01.2017 01.12.2016 01.02.2015 All versions (12)

ČÁST PRVNÍ § 1 § 2 § 3 § 4 ČÁST DRUHÁ HLAVA I § 5 § 6 HLAVA II Díl 1 § 7 § 8 Díl 2 § 9 § 10 § 11 § 12 § 13 § 14 § 15 Díl 3 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 Díl 4 § 29 § 30 § 31 HLAVA III Díl 1 § 36 Díl 2 § 37 § 38 § 39 § 40 § 41 § 42 § 43 Díl 3 § 44 HLAVA IV Díl 1 § 46 Díl 2 § 47 § 48 § 49 § 50 § 51 § 52 Díl 3 § 52a § 52b § 52c § 52d § 52e § 52f § 52g § 52h § 52i § 52j § 52k § 52l Díl 4 § 52m § 52n HLAVA V Díl 1 § 53 Díl 2 § 54 § 55 § 56 § 57 § 58 § 58a § 58b Díl 3 § 59 ČÁST TŘETÍ HLAVA I § 60 § 61 HLAVA II Díl 1 § 62 § 63 § 64 Díl 2 § 65 § 66 § 67 § 68 § 69 Díl 3 § 70 § 71 § 72 § 73 § 73a Díl 4 § 73b § 73c § 73d Díl 5 § 73e § 73f ČÁST ČTVRTÁ HLAVA I Díl 1 § 74 § 75 § 76 § 77 § 78 Díl 2 Oddíl 1 § 79 § 80 § 81 § 82 § 83 § 84 § 85 Oddíl 2 Pododdíl 1 § 86 § 87 Pododdíl 2 § 88 § 89 § 90 § 91 § 91a Oddíl 3 § 92 Oddíl 4 § 93 Díl 3 § 94 § 95 § 96 § 97 Díl 4 Oddíl 1 § 98 § 98a Oddíl 2 § 99 § 100 § 101 § 102 Oddíl 3 § 103 Díl 5 Oddíl 1 § 104 § 105 § 106 § 107 Oddíl 2 § 108 § 109 § 110 § 111 § 112 § 113 § 114 Díl 6 § 115 § 116 § 117 § 118 § 119 § 120 § 121 § 122 § 123 HLAVA II § 124 § 124a § 124b § 124c ČÁST PÁTÁ HLAVA I § 124d § 124e § 124f § 124g § 124h § 124i HLAVA II Díl 1 § 124j § 124k § 124l § 124m § 124n § 124o Díl 2 § 124p HLAVA III § 124q § 124r § 124s § 124t § 124u § 124v § 124w § 124x HLAVA IV § 124y § 124z § 124za ČÁST ŠESTÁ § 125 § 126 § 128 § 129 § 130 § 131 § 132 § 133 § 133a § 133b § 134 § 135 ČÁST SEDMÁ § 135a § 135b § 135c § 135d § 135e § 135f ČÁST OSMÁ § 136 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147

Zobrazeno prvních 200 z celkem 1691 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

284

THE LAW

of 22 July 2009

on payment

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

This law implements the relevant provisions of the European Union( 1), as well as the directly applicable provisions of the European Union( 2) and provides for

(a) the activity of certain persons authorised to provide payment services and to issue electronic money, including those persons abroad;

(b) participation in payment systems and the establishment and operation of payment systems with irrevocable settlement;

(d) the rights and obligations of electronic money issuers (hereinafter referred to as "the publisher") and electronic money holders (hereinafter referred to as "the holder"),

(e) the rights and obligations of entrepreneurs who, via a website, compare the fees for services connected with a payment account applied by different providers (hereinafter referred to as the "comparator operator"),

(f) the use of a single designation to designate the services associated with the payment account;

(g) the procedure for changing the payment account;

(h) access to a payment account.

§ 2

Definition of certain terms

(1) For the purposes of this Act:

(a) payment transactions involving the transfer of funds to a payment account, the collection of funds from a payment account or the transfer of funds, unless it is not a payment service (§ 3 (3));

(b) the account used to conduct payment transactions by the payment account;

(d) the means of payment of the device or set of procedures agreed between the provider and the user that are related to the user person and by which the user gives the payment order;

(e) the purchase or sale of funds in a Czech or foreign currency for funds in another currency by free trade in foreign currency, provided that the funds are made available to the user without cash;

(f) by debiting the transfer of funds from the payment account on which the payee's payment order is issued on the basis of the consent given by the payer to the payee, the payee's provider or his provider;

(g) payment of the transfer of funds from the payer's payment account to the payee's payment account on the basis of a payment order that the payer gives directly to its provider;

(h) by a standing order of the payer's payment order to carry out transfers of funds from the payer's payment account on predetermined days or at regular intervals;

(i) the possibility of overdrafts of the explicit arrangements of the Contracting Parties for making funds available which exceed the current balance on the consumer's payment account;

(j) exceeding the actual availability of more funds than the balance on the payment account or the agreed overdraft option;

(k) a service connected with a payment account, a payment or other service provided in connection with the opening or management of a payment account, including exceeding, overdraft options, the issue of the instruments referred to in points (1) to (3) of paragraph 3 (c) and payment transactions carried out by those instruments.

(2) For the purposes of this Act:

(a) a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area;

(b) by another Member State a Member State other than the Czech Republic;

(c) the home Member State of the Member State in which the registered office of the provider or the publisher is situated; if the provider or publisher has no registered office, the Member State in which its head office is located,

(d) the host Member State is a Member State which is not the home Member State of the provider or publisher and in which the provider or publisher has a branch, a commercial agent or in which he temporarily provides services;

(e) initial capital sum

1. paid-up capital;

2. the paid-up issue account,

3. mandatory reserves;

4. other funds created from the distribution of profits that can be used exclusively to cover the loss shown in the financial statements;

5. the difference between the undistributed profit from previous periods, as shown in the financial statements verified by the auditor and approved by the competent authority of a legal person whose division has not been decided by the competent authority of the legal entity, and the outstanding losses from previous periods, including losses for previous financial years;

(f) a qualifying holding, directly or indirectly, or their sum in the capital of a legal person or in the voting rights of a legal person, representing at least 10% or the possibility of having a significant influence on the management of an undertaking of another person;

(g) close link relationship

1. between two or more persons in which one person has a direct or indirect share of the capital, the sum of which is at least 20%;

2. between two or more persons in which one person has a direct or indirect interest in voting rights, the sum of which shall be at least 20%;

3. between two or more persons in which one person controls the other person or others; or

4. two or more persons controlled by the same person;

(h) lead person

1. in the case of a legal person, its statutory body, a member of its statutory body, its director, a curator or another person who otherwise actually manages its activities, in the case of a payment institution (§ 7) and a small-scale payment service provider (§ 36), also the person who actually manages their activities in the field of the provision of payment services, and in the case of an electronic money institution (§ 46) and the issuer of small-scale electronic money (§ 53) also the person who actually manages their activities in the field of the issue of electronic money or the provision of payment services; where the statutory authority or its member is a legal person, the lead person shall be the natural person who, on behalf of that legal person, performs the function of statutory authority or its member;

2. in the case of a natural person engaged, its director, a procuritor or another person who otherwise actually manages its business and, in the case of a small-scale payment service provider (§ 36), also the person who actually manages its activities in the field of payment services,

(i) a branch

1. an organisational component of an undertaking in a Member State other than the home Member State which includes all establishments of the person concerned in that State;

2. establishment in the home Member State,

(j) the agent who, under contract with the provider, is negotiating in connection with a payment service contract or in the provision of payment services on behalf of the provider, or who, under contract with the issuer, is dealing in the distribution or re-exchange of electronic money on behalf of the issuer; the agent is neither an employee nor a procuring agent or a publisher;

(k) a group composed of:

1. controlling persons and persons controlled by them,

2. persons in whom the persons referred to in point 1 have a stake;

3. persons whose statutory, management or supervisory body is mostly composed of the same persons as the statutory or supervisory body of another person referred to in point 1 or 2;

(l) the payment system shall be a system with uniform rules for the execution, settlement or settlement of payment transactions.

(3) For the purposes of this Act:

(a) by the payer of the user whose payment account is to be debited for the execution of a payment transaction or who makes available funds for the execution of a payment transaction;

(b) the recipient of the user whose payment account the funds are to be credited or made available under the payment order;

(c) the payment order instructs the provider by which the payer or payee requests the execution of the payment transaction;

(d) the value date at which the payment transaction is recorded for the purpose of calculating the interest on the funds in the payment account;

(e) the reference exchange rate, the exchange rate to be used as the basis for the conversion of currencies and originating from a publicly available source or made available by the provider;

(f) the reference interest rate, the interest rate to be used as the basis for calculating interest and which comes from a publicly available source;

(g) a unique identifier of the combination of letters, figures or symbols identified by the user or his account in the execution of payment transactions, as determined by the provider;

(h) a durable medium of data of any object which allows the user to store information intended for him personally so that it can be used for a reasonable period of time for the purpose of such information and which allows the reproduction of that information in an unchanged form;

(i) on the working day of the day on which the payer's or the payee's provider performing the payment transaction normally carries out the activities necessary for the execution of that payment transaction;

(j) the operating time part of the working day on which the payer's or the payee's provider performing the payment transaction normally carries out the activities necessary for the execution of that payment transaction;

(k) person legally residing in a Member State

1. a citizen of a Member State, as well as his family member, under the law governing the residence of foreigners in the Czech Republic;

2. an alien resident in the Czech Republic temporarily or permanently under the law governing the residence of foreigners in the Czech Republic,

3. an alien who has applied for international protection in the Czech Republic or who has been granted asylum or supplementary protection under the Act governing asylum,

4. an alien resident in the Czech Republic under the law governing the temporary protection of foreigners,

5. resident in the Czech Republic under the Act governing the residence of armed forces of other States in the Czech Republic;

6. a person enjoying privileges and immunities in the Czech Republic under international law,

7. Person legally residing in the territory of another Member State.

§ 3

Payment service

(1) The payment service is:

(a) a service enabling cash to be entered into a payment account held by the provider;

(b) a service enabling cash to be collected from a payment account maintained by the provider;

1st payer,

2. the consignee; or

3. The payer via the payee,

where the provider does not provide the user with transferred funds as a loan;

(d) the execution of the transfer of funds from the payment account on which it gives the payment order

1st payer,

2. the consignee; or

3. The payer via the payee,

where the provider provides the user with the transferred funds as a loan;

(e) the issue and management of means of payment and of means of payment;

(f) the execution of a transfer of funds in which neither the payer nor the payee makes use of the payment account with the payer's provider (the money note);

(g) the execution of a payment transaction by an electronic communications service provider where the consent of the payer to execute a payment transaction is given through an electronic communication device.

(2) The transfer of funds is also in the case of non-cash trading in foreign currency, unless it is an activity which is an investment service under the Capital Market Act.

(3) The payment service is not:

(a) the transport, collection, processing and delivery of banknotes and coins;

(b) exchange activities;

1. cheques, bills or travel cheques in paper form,

2. paper vouchers for goods or services,

3. postal vouchers under the Act governing postal services,

4. means of payment which serve only for the payment of goods or services in premises used by the issuer of a payment instrument or goods or services to a closely defined range of suppliers or for the payment of a closely defined range of goods or services;

neither the payment transaction carried out by them,

(d) a payment transaction carried out:

1. between providers or their sales agents for their own account;

2. within a business group without the participation or mediation of a person outside that business group,

3. within a payment or securities settlement system between participants in that system and providers or between participants in that system,

4. in securities management,

5. in the context of the management of foreign property under other legislation3),

6. a person acting on behalf of another person when buying or selling goods or providing or drawing services, or a person who mediates such buying, selling, providing or drawing, in the case of a payment transaction resulting from such buying, selling, providing or drawing;

7. Provider of electronic communications services via electronic communication equipment, where payment transactions serve to pay goods or services that are delivered to electronic communication equipment and are used by electronic communication equipment, the provider of electronic communications services does not merely act as an intermediary of payment between the payment service user and the supplier of goods or services,

(e) payment of cash

1. supplier of goods or services to the customer when paying for goods or services beyond that payment (cashback);

2. by means of an ATM by a person acting on behalf of the issuer of a payment instrument, unless that person provides other payment services,

(f) the service of technical service providers which support the provision of payment services without the funds which are the subject of a payment transaction being transferred to their possession.

§ 4

Electronic money

(1) Electronic money is the monetary value which:

(a) represents a claim against the person who issued it;

(b) it is stored electronically;

(d) is accepted by persons other than the person who issued it.

(2) Electronic money is not a monetary value which cannot be used to execute a payment transaction other than a payment transaction referred to in § 3 (3) (c) (4) or § 3 (3) (d) (7).

ČÁST DRUHÁ

PERSONS AUTHORISED TO PROVIDE PAYMENT SERVICES AND ISSUE ELECTRONIC MONEY

HLAVA I

BASIC PROVISIONS

§ 5

Authorisation to provide payment services

Only the following persons may provide payment services as a business:

(a) banks under the conditions laid down by law governing the activities of banks;

(b) foreign banks and foreign financial institutions under the conditions laid down by law governing the activities of banks;

(c) savings and credit cooperatives under the conditions laid down by the law governing the activities of savings and credit cooperatives;

(d) electronic money institutions (§ 46) under the conditions laid down by this law;

(e) foreign electronic money institutions under the conditions laid down by this law;

(f) publishers of small-scale electronic money (§ 53) under the conditions laid down by this law;

(g) payment institutions (§ 7) under the conditions laid down by this law;

(h) foreign payment institutions under the conditions laid down by this law;

(i) small-scale payment service providers (§ 36) under the conditions laid down by this law;

(j) Czech National Bank.

§ 6

Authorisation to issue electronic money

Only the following persons may issue electronic money as a business:

(a) banks under the conditions laid down by law governing the activities of banks;

(b) foreign banks and foreign financial institutions under the conditions laid down by law governing the activities of banks;

(c) savings and credit cooperatives under the conditions laid down by the law governing the activities of savings and credit cooperatives;

(d) electronic money institutions (§ 46) under the conditions laid down by this law;

(e) foreign electronic money institutions under the conditions laid down by this law;

(f) publishers of small-scale electronic money (§ 53) under the conditions laid down by this law;

(g) Czech National Bank.

HLAVA II

PAYMENT INSTITUTIONS

Díl 1

Basic provisions

§ 7

A payment institution is a legal person who is entitled to provide payment services on the basis of an authorisation to operate a payment institution granted to it by the Czech National Bank.

§ 8

(1) On the basis of an authorisation granted to a payment institution, a payment institution shall be entitled to:

(a) to provide the payment services specified in the authorisation to operate the payment institution;

(b) carry out the activities related to the provision of payment services referred to in (a), including the provision of credit; and

(2) For the purposes of this Act, credit means any form of temporary cash provided.

(3) The granting of a credit shall be an activity referred to in paragraph 1 (b) where:

(a) is related to the provision of the payment service referred to in Article 3 (1) (d), (e) or (g) and that payment service is indicated in the authorisation to operate the payment institution;

(b) the credit is not granted through the funds entrusted to the payment institution for the execution of the payment transaction;

(d) the credit is to be repaid within one year at the latest under a contract concluded between the payment institution and the debtor; This does not apply if the loan is granted in the Czech Republic.

Díl 2

Authorisation to operate a payment institution

§ 9

(1) The Czech National Bank grants authorisation for the operation of a payment institution to the applicant,

(a) which is a legal person;

(b) which has both its registered office and its registered office in the Czech Republic,

(d) whose business plan, including the forecast budget for the first 3 financial years, is based on realistic economic calculations;

(e) whose factual, technical, staffing and organisational assumptions are appropriate for the proper and prudent provision of payment services;

(f) whose management and control system complies with the requirements laid down in this Act (Paragraph 18);

(g) which ensures the protection of the funds entrusted to it by users for the execution of a payment transaction;

(h) whose business, if any, consists of activities other than the provision of payment services does not pose a significant threat to the financial stability of the payment institution nor does it prevent the effective exercise of supervision of the activities of the payment institution;

(i) in which only persons who are credible and capable of ensuring the proper and prudent management of the payment institution have qualifying holdings;

(j) whose close links with another person do not prevent the effective exercise of supervision over the activities of a payment institution; in the case of close links with a person governed by the rule of law of a State which is not a Member State, neither that law nor the manner in which it is applied shall prevent the effective exercise of supervision of the activities of a payment institution;

(k) whose managers are credible in terms of the proper and prudent provision of payment services;

(l) whose managers who actually manage the payment service activity are competent and have sufficient experience in terms of the proper and prudent provision of payment services.

(2) Paragraph 1 (b) shall not apply where an international agreement which forms part of the legal order implies an obligation to allow an applicant established in a State which is not a Member State to provide payment services in the Czech Republic under similar conditions to those established in the Czech Republic and where the legal order of the State in which the applicant is established does not prevent the effective protection of the funds entrusted to the payment institution for the execution of the payment transaction. Paragraph 29 to 31 shall not apply to a payment institution having its registered office in a Member State.

(3) An application for authorisation to act as a payment institution may be made only on a prescribed form to which the applicant shall attach evidence certifying compliance with the conditions referred to in paragraph 1. Models of forms and their annexes shall be laid down in the implementing legislation.

§ 10

(1) A decision on the application for authorisation to operate a payment institution by the Czech National Bank shall be taken within 3 months of the date of the opening of the procedure.

(2) In the decision granting an authorisation to operate a payment institution, the Czech National Bank shall indicate which payment services the payment institution is entitled to provide.

§ 11

(1) The paying institution shall notify the Czech National Bank without undue delay of any change to the information contained in the application for authorisation to operate or its annexes on the basis of which the authorisation to operate was granted.

(2) The notification referred to in paragraph 1 may be made only on a prescribed form to which the notifier shall accompany the documents certifying the change of the information specified in the application for an authorisation to operate or its annexes on the basis of which the authorisation to operate has been granted. Models of forms and their annexes shall be laid down in the implementing legislation.

Termination and withdrawal of authorisation to operate a payment institution

Zobrazit všechna ustanovení (1691)

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Act No. 284 / 2009 Coll., on Payment
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	04.09.2009
Effective from	01.11.2009
Effective until	-
Status	Valid

Legal Areas: Banking, Money Taxes Finance Administration of state (national) property Administrative offences Administrative law State (official) control

The regulation text is for informational purposes only.