Act No. 300 / 2016 Coll.
Central Account Accounting Act
Valid
Law
Effective from 06.10.2016
300
THE LAW
of 24 August 2016
on central account accounts
Parliament has decided on this law of the Czech Republic:
Subject matter and purpose of the adjustment
This law implements the relevant European Union4) and regulates the rights and obligations relating to the creation, use and operation of central account and safety deposit boxes ("central account records') as one of the means used to detect and prosecute criminal offences, to ensure significant economic and financial interests and the security of the Czech Republic or of the European Union.
Establishment of central account records
(1) Central account records are set up for:
(a) accounts held by credit institutions in the Czech Republic for their clients;
(b) accounts identified in accordance with the International Standardisation Rules (IBAN) held by institutions in the Czech Republic for their clients;
(c) safety deposit boxes rented by credit institutions in the Czech Republic.
(2) The Central Account Records Manager is the Czech National Bank.
Definition of terms
For the purposes of this Act:
(a) by a credit institution, a bank, a foreign bank that carries on its activities in the Czech Republic through a branch, and a savings and credit cooperative,
(b) institutions
1. credit institution; and
2. electronic money institution, foreign electronic money institution, small-scale electronic money issuer, payment institution, foreign payment institution and small-scale payment service provider to which the Czech National Bank has assigned the code of payment,
(c) account opened in the Czech Republic under an account contract pursuant to § 2662 of the Civil Code or a one-off deposit agreement pursuant to § 2680 of the Civil Code and similar accounts and accounts established under previous legislation or foreign law;
(d) by a client
1. the account holder of the institution or the person authorised to dispose of funds in such an account;
2. a trust fund, or its structure or functions, similar to a facility governed by the law of another State for which funds are held in an account as referred to in point 1;
3. the lessee of a safety deposit box leased by a credit institution;
4. the trust fund, or its structure or functions, of a similar facility governed by the law of another State for which the safety deposit box referred to in point 3 is leased; and
5. a person who can prove that he is acting on behalf of or for a client under points 1 to 4;
(e) the beneficial owner is the beneficial owner under the law governing the registration of the beneficial owners.
Data in central account records
The following data and their amendments and corrections shall be entered in the central account records:
(a) a sign clearly identifying the institution which holds the account or rents the safety deposit box;
(b) the date of establishment of the account or the date of commencement of the lease of the safety deposit box;
(c) the account number and the IBAN account number, if assigned, or the safety deposit box identification number;
(d) client identification data as kept by the institution to the following extent:
1. in the case of a natural person, all names and surnames used in connection with an account held by an institution or a safety deposit box leased by a credit institution, date of birth, birth number, if any, and address of residence and, where applicable, address of service,
2. in the case of a legal person or an operating natural person, a name including a different appendix or a further designation, the identification number of the person or, where appropriate, the standardised international legal person identifier or similar number assigned abroad, and the registered office;
3. in the case of an account for assets in a trust fund or its structure or functions similar to an establishment governed by the law of another State or a safety deposit box leased for such assets, the relevant designation of that fund or arrangement and the identification of its administrator, manager or person in a similar position within the scope of points 1 or 2;
(e) the identification details of the beneficial owner of the client within the scope of point (d) (1), where the institution keeps such data to the account or safety deposit box;
(f) the date of creation and the date of termination of the client's authorisation to dispose of funds in the account;
(g) the date of cancellation of the account or the date of termination of the safe deposit box lease.
Entry of data into central account records
(1) An institution shall transmit to the Czech National Bank for entry in the central account account records electronically by remote access no later than the twelfth hour of each working day information on data generated, modified or corrected in the previous working day or previous working days or information that none of these facts has occurred. The details of the formalities, structure and format of the information transmitted for entry into the central account records and other details of the handover procedure shall be determined by the Order of the Czech National Bank.
(2) The Czech National Bank transmits to the central account account data on its clients' accounts and safety deposit boxes leased to its clients as if they were data reported by credit institutions.
Provision of central account data
(1) Only data from central account records may be requested
(a) the law enforcement authority;
(b) the Financial Analysis Office;
(c) the body of the Financial Administration of the Czech Republic,
(d) the authority of the Customs Administration of the Czech Republic,
(e) the Intelligence Service of the Czech Republic ("the Intelligence Service"),
(f) the authority exercising the jurisdiction of the Office for the Recovery of Assets from Crime in the Czech Republic pursuant to a European Union Code governing cooperation between the Offices for the Recovery of Assets from Crime (hereinafter referred to as the "Crime Recovery Authority"),
(g) Ministry of Finance under the Law on the Coordination of Cooperation with the European Anti-Fraud Office.
(2) The provision of central account records which are the subject of bank secrecy or the obligation to maintain them in secret under the Savings and Credit Cooperatives Act may be requested by the authority referred to in paragraph 1 (hereinafter referred to as "the applicant '), provided that the conditions laid down by other legislation governing the applicant's entitlement to request them are fulfilled.
(3) The applicant shall keep a record of requests for central account records containing the date of dispatch of the application, identification data which clearly identify the natural person who requested the central account records on behalf of the applicant and the text of the application.
(4) The information in the register referred to in paragraph 3 shall be kept by the applicant for a period of 10 years from the day following the date of dispatch of the application.
(5) Where the applicant is a criminal property search authority, he may request the provision of central account records if this is necessary for the performance of a specific crime task as referred to in Annex 1 to the directly applicable European Union law governing Europol6) or for the provision of a reply to a reasoned request from Europol; paragraph 2 shall not apply.
(6) The Agency shall also keep in the records of requests for central account records referred to in paragraph 3, identification data clearly identifying the natural person who ordered the application and identification data of the recipient of the requested data.
(1) The request for the provision of data from the central account records shall contain the indication of the relevant procedure under which the authorised authority applies for the provision of data from the central account records and the file mark under which the procedure is conducted. The information service shall indicate in the request the file mark of the court decision which authorised it to require the provision of a report under the law governing the activities of the intelligence services; no extract from the court's decision or other evidence of compliance with the conditions for the application under other legislation shall be submitted. Furthermore, the Agency shall indicate in the application the identification data clearly identifying the natural person who requested, on its behalf, the central account records data, and, where appropriate, the natural person who ordered the application and the recipient of the requested data. The request shall not be justified.
(2) The application referred to in paragraph 1 shall only be submitted by the applicant by means of a designated data box to the data box set up by the Czech National Bank for Central Account Records.
(3) Data Box Identifiers through which applicants may submit applications and amendments thereto, notify the Czech National Bank
(a) a trial through the Ministry of Justice,
b) Public Prosecutor through the Supreme Prosecutor's Office,
(c) the Financial Analysis Office through the Ministry of Finance,
d) Security Information Service and Office for Foreign Relations and Information through the Ministry of Interior,
(e) Military intelligence through the Ministry of Defence,
f) Authority of the Financial Administration of the Czech Republic through the General Financial Directorate,
(g) the authority of the Customs Administration of the Czech Republic through the Directorate-General for Customs,
h) the authority for the acquisition of property from criminal activity through the Czech Police Presidium,
(i) Ministry of Finance for the purpose of ensuring coordination of cooperation with the European Anti-Fraud Office under the conditions laid down in the Law on the Coordination of Cooperation with the European Anti-Fraud Office.
(4) The formalities, structure and format of the notification referred to in paragraph 3 and the manner in which it is delivered shall be determined by the Order of the Czech National Bank.
(1) The Czech National Bank shall provide central account records only if:
(a) the application has been submitted in accordance with the procedure laid down in Article 7 (2);
(b) the identifier sending the data box conforms to the identifier notified pursuant to Article 7 (3); and
(c) the application shall contain, in addition to the information referred to in Article 7 (1), at least:
1. an account number or an identification number of a safety deposit box and a sign clearly identifying the institution with which the account is maintained or which rents the safety deposit box;
2. the birth number, or the name and surname together with the date of birth;
3. a person's identification number, a standardised international legal person identifier, or at the same time the name and identification number assigned abroad in the case of a legal person or an undertaking natural person; or
4. the identification of the AIFM, the manager or a person in a similar position within the scope of point 2 or 3, or its appropriate designation in the case of a trust fund or its structure or functions similar to that of an establishment governed by the law of another State.
(2) The Czech National Bank will provide the applicant with data in accordance with Section 4 on all accounts and safety deposit boxes of all institutions which are kept in the central account of the client or the beneficial owner of the client.
(3) The data referred to in paragraph 2 shall be sent by the Czech National Bank to the data box of the applicant from which the application was sent no later than 24 hours after the receipt of the request. They shall inform the applicant, in the same way and within the same time limit, that no corresponding information has been found on the application in the central account records.
(4) If the application does not comply with the requirements of paragraph 1, the Czech National Bank shall send a message of the reason for not accepting the application to the applicant's data box no later than 24 hours after delivery.
(5) The formalities, structure and format of the application referred to in paragraph 1 are laid down in the Order of the Czech National Bank.
Data protection
(1) In the operation of the central account records, the Czech National Bank applies such organisational, personnel and other measures that the unauthorised person does not contact with the information it receives when implementing this law. Similar measures shall be applied by applicants in the handling of data obtained from central account records.
(2) Only designated employees of the Czech National Bank who immediately ensure the operation of this register have access to data processed in the central account records. The relevant employees of the Czech National Bank may, to the extent necessary, be familiar with the stored data when carrying out a central account record check and when supervising the performance of institutions' obligations under § 12 and infringement proceedings under § 13.
Storage of data in central account accounts
(1) The Czech National Bank collects and stores data in the central account records pursuant to Sections 4 and 5 and data on the operations referred to in Sections 7 and 8 in electronic form.
(2) The Czech National Bank
(a) the information referred to in Article 4 for a period of 10 years from the first day of the year following that in which the account or the termination of the lease of the safety deposit box was cancelled;
(b) information on the applicant's data box notified pursuant to Article 7 (3) for a period of 10 years from the day following receipt of the notification of the change;
(c) details of the content of the application referred to in Article 7 (1), indicating the applicant and the content of the reply, the date and time of receipt of the application and the dispatch of the reply for a period of 10 years from the day following the dispatch of the reply.
Control of the provision of central account data
(1) Control of the provision of central account records is carried out by the Chamber of Deputies, which establishes a control body for this purpose. The inspection body shall be composed of Members designated by the Chamber of Deputies.
(2) The Czech National Bank shall report to the supervisory authority referred to in paragraph 1 at least twice a year on the provision of central account records. The report shall contain the following information: the applicant's designation, the date and time of receipt of the application, the date and time of dispatch of the reply and the data referred to in Section 7 (1).
(3) The inspection referred to in paragraph 1 shall be carried out by the inspection authority in the competent authorities referred to in Article 6 (1). This is without prejudice to the right of the supervisory authority to request information and to participate in the proceedings of the supervisory authority from other persons.
(4) The control rules shall not apply to the procedure provided for in this provision.
Supervision
(1) Supervision of the obligations of credit institutions under this Act is exercised by the Czech National Bank.
(2) In the exercise of supervision:
(a) banks and foreign banks which operate on the territory of the Czech Republic through a branch shall apply mutatis mutandis the provisions on the activities of the Czech National Bank in the exercise of supervision under the law governing the activities of banks;
(b) savings and credit cooperatives shall apply mutatis mutandis the provisions on the activities of the Czech National Bank in the exercise of supervision of the activities of savings and credit cooperatives under the Act governing the activities of savings and credit cooperatives;
(c) institutions other than those referred to in (a) and (b) shall apply mutatis mutandis the provisions on the activities of the Czech National Bank in the exercise of supervision of their activities under the law governing payment.
Infringement
(1) The institution commits an offence by failing to comply with the obligation to transmit data to the Czech National Bank for entry in the central register in the manner or within the time limit set in accordance with § 5 (1).
(2) A fine of up to CZK 10 000 000 may be imposed for the offence referred to in paragraph 1.
The offence under this law is dealt with by the Czech National Bank.
Acquisition and financing of central account records
(1) In accordance with the Treaty on the Functioning of the European Union1) and implementing the directly applicable European Union2) The Czech Republic pays the Czech National Bank in full the costs associated with the acquisition and operation of central account records.
(2) Detailed rules on the acquisition and operation of central account records and the reimbursement of related costs shall be adapted by the Czech Republic, acting through the Ministry of Finance, and the Czech National Bank by contract.
Report on the operation and use of central account records
(1) The Czech National Bank publishes on its website at least once a year a summary report on the operation and use of central account records.
(2) The report referred to in paragraph 1 shall also include the number of applications per group of applicants referred to in Article 7 (3) and summary information on the operations of the central account records.
Common provisions
(1) The procedures under this Act and the procedures under it are always private.
(2) The administrator of the central account records does not check the accuracy and completeness of the data when transmitting them to institutions for entry in the central account records and is not responsible for the accuracy and completeness of the data so received.
(3) The administrator of the central account records shall not check compliance with the conditions for the submission of requests for data from the central account records referred to in Section 6 (2) and shall not be responsible for these conditions.
Protection of personal data
(1) Personal data are processed under this Act to the extent necessary to achieve the purpose of central account records.
(2) The processing referred to in paragraph 1 shall not apply:
(a) Articles 15, 16, 18 (1) (a) and 34 (4), and to the corresponding extent Article 5 of Regulation (EU) 2016 / 6793 of the European Parliament and of the Council, as regards the processing of personal data by the Czech National Bank under this Act; and
(b) Article 18 and to its corresponding extent Article 5 of Regulation (EU) 2016 / 6793 of the European Parliament and of the Council as regards the transfer of personal data into the central account of credit institutions.
Efficacy
This Law shall take effect on the 15th day following its publication, with the exception of the provisions of Sections 6, 7 (1) and (2), 8 (1) to (4), 10 (2) (c), 13 to 15, as regards Sections 19 (3) and 17, which shall take effect on the first day of the 16th calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
1) Article 123 of the Treaty on the Functioning of the European Union (consolidated version).
2) Council Regulation (EC) No 3603 / 93 of 13 December 1993 specifying the definitions for the application of the prohibitions referred to in Articles 104 and 104b of the Treaty.
(3) Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Data Protection Regulation).
(4) Articles 32a and 58 of Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC, as amended by Directive (EU) 2018 / 843 of the European Parliament and of the Council. Directive (EU) 2019 / 1153 of the European Parliament and of the Council of 20 June 2019 on the establishment of rules facilitating the use of financial and other information to prevent, detect, investigate or prosecute certain offences and repealing Council Decision 2000 / 642 / JHA.
5) Council Decision 2007 / 845 / JHA of 6 December 2007 on cooperation between law enforcement offices in each Member State in the area of tracing and identifying proceeds from crime or other property related to crime.
6) Regulation (EU) 2016 / 794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and repealing and replacing Decisions 2009 / 371 / JHA, 2009 / 934 / JHA, 2009 / 935 / JHA, 2009 / 936 / JHA and 2009 / 968 / JHA.
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Regulation Information
| Citation | Act No. 300 / 2016 Coll., on Central Account Accounting |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.09.2016 |
|---|---|
| Effective from | 06.10.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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