Act No. 285 / 2009 Coll.

Law amending certain laws in connection with the adoption of the Law on Payment

Valid Law Effective from 01.11.2009
285
THE LAW
of 22 July 2009
amending certain laws in connection with the adoption of the Payment Act
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Banking Act
Čl. I
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 230 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 126 / 2002 Coll., Act No. 57 / 2006 Coll., Act No. 62 / 2006 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 2004 Coll., Act No. 239 / 2001 Coll., Act No. 377 / 2005 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll.
1. in § 5d (d) and (e):
"(d) the provision of payment services and the issuance of electronic money;
(e) the issue and management of means of payment, where they are not the provision of payment services or the issuance of electronic money referred to in (d), ';
2. Paragraph 20b (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
3. in Paragraph 20b (2), the words "paragraphs 1 and 2 shall apply 'are replaced by the words" paragraph 1 shall apply';
4. Paragraph 20c (1) and (2) read:
"(1) If a bank or savings and credit cooperative within the territory of the Czech Republic has not accounted for the amount of a payment transaction in Czech currency or has not used a bank link in accordance with the client's order and thereby caused an incorrect execution of a payment transaction, the bank that holds the account of an unauthorized payee shall, at the initiative of the bank or savings and credit cooperative that has caused the misexecution of the payment transaction in accordance with the law governing payment and the bank shall be entitled to write the account of the wrongful execution of the payment transaction into the state in which it would have not occurred (" correct settlement ').
(2) The complaint referred to in paragraph 1 may be lodged within 3 months of the date of the error resulting in the incorrect execution of the payment transaction. ';
5. In Paragraph 20c (3), the words "settlement error 'are replaced by" incorrect execution of a payment transaction'.
6. In Paragraph 38 (9), the words "and paragraphs 11 'shall be inserted after the words" paragraphs 1 to 8'.
7. In Paragraph 38, the following paragraph 11 is added:
"(11) The transmission of information to another payment service provider or within the payment system shall not be a breach of banking secrecy where necessary to prevent fraud in the field of payment, investigation and detection. ';
8. In Paragraph 38a (2), the words "(the register) 'shall be added at the end of the first sentence.
9. In the second sentence of Article 38a (2), the words "this database 'shall be replaced by the words" the register'; the words ", the Czech National Bank for Financial Supervision 'shall be inserted after the words" the Czech National Bank for Financial Supervision' and the words "under the conditions laid down in the Order of the Czech National Bank 'shall be deleted.
10. in the third sentence of Article 38a (2), the third words "this database" shall be replaced by the words "the register and the register under the conditions laid down by law" and the words "confidentiality obligations" shall be added at the end of the third sentence.
11. in the last sentence of Paragraph 38a (2), the words "information database" shall be replaced by the words "register."
12. In Paragraph 38a, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The Czech National Bank shall be entitled, on a reciprocal basis, to allow access to the information in the register referred to in paragraph 2 also to central banks and other institutions of the Member States which create information databases comparable to the register, provided that the conditions for access to and protection in the Member State concerned are at least comparable to those required by this law. The requirement for comparability is fulfilled even if a wider range of persons have access to data in the foreign database.
(4) Cases in which the information referred to in paragraphs 2 and 3 may be requested and the detailed conditions for the provision of such information are laid down in the Order of the Czech National Bank. "
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
13. in Paragraph 38a (5):
"(5) The client shall have the right, in return for the costs in kind, to a statement of the information held in the register."
14. in Article 41f, paragraphs 7 and 8 are added, including footnotes 13 and 14:
"(7) A payment institution or a small-scale payment service provider in whose account the funds entrusted to them by payment service users are recorded (13) shall notify the bank in writing without undue delay; in that case, they shall not be obliged to the first sentence of paragraph 2 and the second sentence of paragraph 5. The identification of the beneficial owner referred to in paragraph 5 shall be based on the records of a payment institution or a small-scale payment service provider.
(8) Paragraph 7 shall apply mutatis mutandis to a securities trader whose account records of funds constituting the customer's assets under the law governing the capital market business (14).
13) Section 19 of Act No. 284 / 2009 Coll., on Payment.
14) Paragraph 2 (1) (h) of Act No. 256 / 2004 Coll., on Capital Market Business, as amended by Act No. 120 / 2007 Coll. and Act No. 230 / 2008 Coll. '.

ČÁST DRUHÁ

Amendment of the Act on savings and credit cooperatives
Čl. II
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, 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. 377 / 2005 Coll., Act No. 296 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 126 / 2008 Coll., Act No. 254 and Act No. 254., is amended as follows:
1. in Article 13b (1) and (2):
"(1) Where a cooperative bank, bank or branch of a foreign bank in the Czech Republic has not accounted for the amount of a payment transaction in Czech currency or has not used a bank connection in accordance with the client's order and has thereby caused an incorrect execution of the payment transaction, the cooperative bank or branch of a foreign bank that holds the account of an unauthorized payee shall be obliged, at the initiative of the cooperative bank, to correct the misexecution of the payment transaction in accordance with the law governing the payment transaction, and, furthermore, the cooperative shall be entitled to enter the account of the unauthorised payee into the state in which it would have been in the absence of a malexecution of the payment transaction (" correct settlement ').
(2) The complaint referred to in paragraph 1 may be lodged within 3 months of the date of the error resulting in the incorrect execution of the payment transaction. ';
2. In Article 13b (3), the words "settlement error 'are replaced by" incorrect execution of a payment transaction'.
3. In Article 25b, at the end of paragraph 2, the sentence "The breach of the obligation laid down in paragraph 1 shall not constitute a transfer of information to another payment service provider or within a payment system where necessary to prevent fraud in the field of payment, investigation and detection. ';

ČÁST TŘETÍ

Amendment of the Act on the Czech National Bank
Čl. III
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. 482 / 2001 Coll., Act No. 127 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 62 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., Act No. 124 / 2008 Coll., and Act No. 254 / 2008 Coll., is amended as follows:
1. in Article 44 (1) (a), the words "and other persons who issue electronic money under special legislation 9a)" shall be replaced by the words "small-scale issuers, payment institutions, small-scale payment service providers."
2. footnote 9a is deleted.
3. in Article 44 (1) (e), the words "or registration" shall be inserted after the word "authorisation."
4. in Article 44 (2) (a), the word "registration" shall be inserted after the word "authorisation."
5. In Paragraph 44a (1), the words "with the exception of persons who issue electronic money on the basis of an authorisation under special legislation 9g ', including footnote 9g, are deleted.
6. In Paragraph 44a, the sentence "Over payment institutions, small-scale payment service providers and small-scale electronic money issuers, the Czech National Bank shall only exercise this supervision to the extent of the provision of payment services, services related to the provision of payment services and the issuance of electronic money."
(7) Paragraph 46e, including the title and footnotes 11d and 11e, shall be deleted.

ČÁST SEDMÁ

Amendment to the Financial Arbiter Act
Čl. VIII
Act No. 229 / 2002 Coll., on Financial Arbiter, as amended by Act No. 558 / 2004 Coll., Act No. 57 / 2006 Coll. and Act No. 264 / 2006 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) In order to settle disputes between payment service providers and payment service users in the provision of payment services or between electronic money issuers and electronic money holders in the issuance and re-exchange of electronic money, the financial arbitrator (hereinafter referred to as" arbitrator ") shall also be responsible if otherwise the jurisdiction of the Czech court is given to decide this dispute. The negotiation of an arbitration agreement shall not preclude the jurisdiction of the arbitrator. Arbiter seeks above all to resolve the dispute amicably. '
2. In Paragraph 3 (1), the words "transferring institution 'are replaced by the words" payment service provider'.
3. In Paragraph 3 (2), the word "client 'is replaced by" payment service user'.
4. Paragraph 9 (d) reads as follows:
"(d) the matter itself has already been decided in the arbitration procedure or the matter itself has been initiated."
5. In Paragraph 19 (1), the words "commencing 'are replaced by the words" from which he is entitled to pursue his business' and the word "registered office 'is replaced by the words" name and surname, registered office or place of business'.
Čl. IX
Transitional provision
An institution which has not yet been required to comply with the information obligation laid down in Article 19 (1) of Act No. 229 / 2002 Coll., on the Financial Arbiter, as effective by the date of entry into force of the Act, shall comply with the information obligation laid down in Article 19 (1) of the Act No. 229 / 2002 Coll., on the Financial Arbiter, as effective from the date of entry into force of the Act, within 3 months of the date of entry into force of the Act.

ČÁST OSMÁ

Amendment to the Consumer Protection Act
Čl. X
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 452 / 2001 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll., Act No. 86 / 2004 Coll., Act No. 227 / 2003 Coll.
1. In Paragraph 23 (9), the words "with the exception of persons who issue electronic money on the basis of an authorisation under a special legislature26 'are deleted, including the footnote.
2. In Article 23, at the end of paragraph 9, the sentence "Over payment institutions, small-scale payment service providers and small-scale electronic money issuers, the Czech National Bank shall exercise this supervision only to the extent of the provision of payment services, services related to the provision of payment services and the issuance of electronic money)."
footnote 26 reads as follows:
"26) Act No. 284 / 2009 Coll., on payment. '.

ČÁST DEVÁTÁ

Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Čl. XI
Act No 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, is amended as follows:
1. in Paragraph 2 (1) (a) (4), including footnote 3:
"4. the publisher of electronic money3),
3) Act No. 284 / 2009 Coll., on payment. '.
2. in Paragraph 2 (1) (b) (5):
"5. payment institution, small-scale payment service provider (3), '.
3. in Article 2 (1) (b) (10), the words "or to non-cash transactions in foreign currency" shall be deleted;
4. in Paragraph 2 (1) (b) (11):
"11. person not referred to in points 1 to 10, authorised to carry out or mediate payment services or postal services the purpose of which is to supply the amount of money required, '.
5. in Paragraph 8 (2) (b), the words "beneficial owner" shall be replaced by the words "controlling person."
6. in Article 11 (1) (a), the words "the financial institution referred to in Article 2 (1) (b) (10) and (11)" shall be replaced by the words "persons entitled to exchange activities under the foreign exchange law, the holder of a postal licence under the law governing the postal service, the payment institution whose activity consists mainly in the provision of payment services involving transfers of funds where the payer or the payee does not use an account with the payment service provider of the payer, and a small-scale payment service provider under the law governing payment traffic."
7. in Article 11 (1) (b):
"(b) a foreign credit or financial institution, with the exception of a foreign person authorised for the exchange of funds, a foreign payment institution whose activity consists mainly in the provision of money or a foreign payment service provider with a similar status, such as a small-scale payment service provider, if it operates in the territory of a State which imposes on it, in a comparable manner, an obligation to identify, control and maintain records, shall be subject to statutory compulsory professional registration and supervised in that State, including checks on the performance of such obligations, including the possibility of controlling individual transactions and on-the spot check."

ČÁST DESÁTÁ

Amendment of the Postal Services Act
Čl. XII
In Article 18 (2) of Act No. 29 / 2000 Coll., on postal services and on the amendment of certain laws (Act on postal services), as amended by Act No. 95 / 2005 Coll., the words "or the delivery of the cash amount by postal voucher 'are inserted after the word" documents'.

ČÁST JEDENÁCTÁ

Amendment of the Trade Act
Čl. XIII
Article 3 (3) of Act No. 455 / 1991 Coll., Act No. 49 / 1997 Coll.
"(a) the activity of bank11), the provision of payment services 11a), the issuance of electronic money 11a), the operation of payment system11a), the exchange activity 11d), the activity of insurance companies (12), reinsurance intermediaries and separate liquidators of insurance events and responsible actualmathematicians (12), the pension funds 12a), savings and credit cooperatives (12b), commodity exchanges (8b), the organisers of regulated markets13b), the activities of persons carrying out13b) and their associated representatives (13b) and the activities of persons engaged in collective investment13), the activities of persons settling securities transactions 13b), the activities of persons carrying out securities and the transfer of instructions or investment advice relating to investment instruments under the conditions laid down by special law 13b),
11) Act No. 6 / 1993 Coll., on the Czech National Bank, as amended. Act No. 21 / 1992 Coll., on Banks, as amended.
11a) Act No. 284 / 2009 Coll., on payment.
11d) Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended.
12) Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act). Act No. 38 / 2004 Coll., on Insurance Intermediaries and Separate Liquidators of Insurance Events and on Change of Trade Act (Act on Insurance Intermediaries and Insurance Liquidators).
12a) Act No. 42 / 1994 Coll., on supplementary pension insurance with a State contribution and on amendments to certain laws related to its implementation.
12b) Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on supplementing the Act of the Czech National Council No. 586 / 1992 Coll., on income taxes, as amended.
13) Act No. 248 / 1992 Coll., on Investment Companies and Investment Funds, as amended.
13a) Sections 82 and 83 of Act No. 256 / 2004 Coll., on Capital Market Business.
13b) Act No. 256 / 2004 Coll. '.

ČÁST DVANÁCTÁ

Amendment of insolvency law
Čl. XIV
In Article 35 of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), the following paragraph 3 is added:
"(3) The Special Insolvency Administrator shall be established by a court for the payment of the right of payment service users in accordance with the procedure laid down by the law governing payment."

ČÁST TŘINÁCTÁ

Amendment of the Enforcement Order
Čl. XV
Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Act (Enforcement Order) and on the amendment of other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 269 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll.
1. In Article 33 (4), the words "and savings and credit cooperatives' are replaced by the words", savings and credit cooperatives, electronic money institutions, foreign electronic money institutions, small-scale electronic money issuers, payment institutions, foreign payment institutions and small-scale payment service providers' and the words "or its other unique identification7a 'are inserted after the words" compulsory accounts'.
Footnote 7a:
"7a) § 2 (3) (h) of Act No. 284 / 2009 Coll., on payment. '.
Footnotes 7a to 7j are referred to as footnotes 7b to 7k, including the footnotes.
2. In Article 49 (1) (b), the words "or other unique identificator7a) 'are inserted after the words" account numbers'.
3. In Paragraph 50 (1), the words "or other unique identification7a) 'are inserted after the words" account number'.

ČÁST ČTRNÁCTÁ

Amendment of the Civil Code
Čl. XVI
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6 / 2000, Act No. 5, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 96, Act No. 5, Act No. 5, Act No. 2006, Act No. 6, Act No. 6, Act No. 2006, Act No. 2006, Act No. 6, No 2006, No 2006, Act No. 6, No 2006, No 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No.
1. Paragraph 260 (2), including footnotes 77 and 77a, reads as follows:
"(2) At the request of the party to whom the decision confers the right to pay the sum of money, the court shall ask the person to whom payment of the sum of money is imposed, whether and from whom he receives a salary or other periodic income, or where the bank, branch of the foreign bank or savings and credit cooperative (77), the electronic money institution, the electronic money institution, the issuer of small-scale electronic money, the payment institution, the foreign payment institution or the payment service provider of small-scale (hereinafter referred to as the" monetary institution ') has its accounts and what are the numbers of such accounts or other unique identificatory77a).
77) Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on supplementing the Act of the Czech National Council No. 586 / 1992 Coll., on income taxes, as amended.
77a) § 2 (3) (i) of Act No. 284 / 2009 Coll., on payment. '
2. in Article 260e (2), the words "or other unique identificator77a)" shall be added at the end of the text (b).
3. In the fourth sentence of Article 261 (1), the words "or other unique identification77a 'shall be inserted after the words" account number'.
4. The following Section 267b is inserted after Section 267a, including footnote 79a:
„§ 267b
The execution of decisions on the assets of a payment institution, a foreign payment institution, a small-scale payment service provider or a foreign payment service provider of a small-scale payment service provider shall not be subject to the means entrusted to such persons by payment service users for the execution of a payment transaction, or to the assets acquired by such persons for the funds entrusted to them 79a).
79a) § 19 of Act No. 284 / 2009 Coll., on Payment. '.

ČÁST PATNÁCTÁ

Amendment to the Tax and Charges Administration Act
Čl. XVII
Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 118 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 271 / 2001 Coll., Act No. 61 / 1997 Coll., Act No. 122 / 2000 Coll.
1. in Paragraph 59 (3) (a):
"(a) in the relevant account of the tax administrator with the payment service provider,"
2. in Paragraph 59 (3) (b), point 1 is deleted;
Points 2 to 4 shall be renumbered 1 to 3.
3. in Article 61 (1) (a) and (b):
"(a) in the case of a payment to the relevant tax administrator's account, the date on which the payment is credited to the account of the tax administrator's payment service provider; or
(b) for a cash payment made with the tax administrator, the date on which the cash was received by the tax administrator's staff. ';
4. Paragraph 61 (3), including footnote 25c, reads:
"(3) The payment service provider with which the relevant account of the tax administrator is maintained shall provide the tax administrator with information on the date on which the amount was credited to the account of the payment service provider of the tax administrator and on the account number of the payer or its other unique identificator25c).
25c) § 2 (3) (h) of Act No. 284 / 2009 Coll., on Payment. '.
5. In Paragraph 61 (4), the words "the bank which 'are replaced by the words" the payment service provider which';
6. In Article 61 (5), the words "bank or savings and credit cooperative 'are replaced by the words" payment service provider'.

ČÁST ŠESTNÁCTÁ

Amendment to the General Health Insurance Insurance Act
Čl. XVIII
Act No. 592 / 1992 Coll., on the insurance of general health insurance, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 161 / 1993 Coll., Act No. 324 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 81 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 53 / 2004 Coll., Act No. 49 / 2002 Coll., Act No. 176 / 2002 Coll., Act No. 309 / 2002 Coll.
1. Paragraph 5 (2) reads as follows:
"(2) The premiums referred to in paragraph 1 shall be payable for each calendar month and payable from 1 to 20 days of the following calendar month. ';
2. Paragraph 17 (1) to (3), including footnote 38a, reads as follows:
"(1) Insurance is paid in Czech currency
(a) on behalf of a health insurance undertaking with a payment service provider;
(b) paid in cash to the staff of the relevant health insurance undertaking authorised to receive insurance premiums.
(2) The date of payment of the premium is deemed to be:
(a) in the case of payment on behalf of a health insurance undertaking with a payment service provider, the date on which the premium is credited to the account of the payment service provider of the health insurance undertaking;
(b) in the case of payment of cash, directly by the staff member of the health insurance undertaking concerned, the date on which the staff member accepted the cash.
(3) The payment service provider with the account of the relevant health insurance undertaking is obliged to provide the health insurance undertaking with information on the date on which the amount was credited to the account of the payment service provider of the relevant health insurance undertaking and the number of the payer's account or its other unique identificator38a).

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Regulation Information

CitationAct No. 285 / 2009 Coll., amending certain laws in connection with the adoption of the Law on Payment
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation04.09.2009
Effective from01.11.2009
Effective until-
Status Valid
The regulation text is for informational purposes only.
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