Decree No. 315 / 2013 Coll.
Exchange Order
Valid
Order
Effective from 01.11.2013
315
DECLARATION
of 12 September 2013
on exchange activities
The Czech National Bank provides pursuant to § 26 of Act No. 277 / 2013 Coll., on Currency Exchange Activities, for implementation of § 6 (6), § 8 (2), § 10 (5) and § 15 (2) of this Act:
Subject matter
(1) The Order provides for:
(a) the particulars of the application for authorisation for the activities of the exchange agent and its Annex;
(b) the particulars of the notification of the modification of the information contained in the application for authorisation for the activities of the barter and its Annex;
(c) the particulars of the notification of the location of the establishment and the notification of the change of location of the establishment; and
(d) the form and manner of submission of the application and notification referred to in points (a) to (c).
(2) Furthermore, the Decree sets out the scope, form, time and manner of providing information on the volume of exchange transactions carried out in each currency.
Definition of terms
For the purposes of this decree:
(a) a document issued by a foreign State of integrity equivalent to an extract from the register of criminal offences 1) not earlier than 3 months issued by a foreign State;
1. where a natural person is a citizen and a foreign State in which that natural person has remained continuously during the last 3 years for more than 6 months;
2. in which the natural person who is a citizen of the Czech Republic has remained continuously in the last 3 years for more than 6 months, unless the information required to assess integrity is contained in the Annex to the extract from the Register of Penalties; or
3. in which a legal person has its registered office or has had its registered office in the last 3 years, as well as by a foreign State in which a legal person has or has had an organisational component of an undertaking in the last 3 years, provided that the law of that State regulates the criminal liability of legal persons;
(b) a full extract or other document, from the business records or other records, in accordance with another legislation, or from similar records abroad, containing the information in force at the time of the application, including information on the application for registration in the relevant register which was not made at the date of the application;
(c) evidence to assess the credibility of the declaration of a person who contains personal data for the purposes of the removal measure of the Register of Penalties and data on the professional and business integrity of a person in the last 10 years, relating in particular to:
1. a final decision imposing a penalty for an administrative offence or a comparable foreign final decision relating to the performance of the employment, function or business of that person;
2. a final decision on the insolvency or rejection of an insolvency application for a lack of assets;
3. a decision to suspend or withdraw an authorisation for a business or other activity, if not to withdraw at the request of the person holding such an authorisation,
4. refusal of the consent of a court or administrative authority to choose, appoint or make provision for the office or acquisition of a qualified participation or to control a person, where such consent is required; and
5. decision to exclude from the professional association, chamber or association;
(d) identification data
1. the name and, where applicable, the name, surname, date of birth, address of residence and, where different from the address of residence, the identity number of the person, if any, if any, if any, the natural person; and
2. the name, registered office and identification number of the person and, if not assigned, the date of origin, if any, of the legal person;
(e) a social contract, statutes, instruments of incorporation or other documents of a similar nature, depending on the legal form of the legal entity.
Application by a natural person to grant an authorisation to operate an exchange agent
(1) The formalities for the application of a natural person for authorisation to operate as an exchange agent are:
(a) identification details of the applicant;
(b) identification details of the beneficial owner of the applicant, if the beneficial owner is different from the applicant, including an indication of the facts on the basis of which that person is the beneficial owner; and
(c) identification details of the person who is the lead person of the applicant if the lead person is different from the applicant or the beneficial owner.
(2) The Annexes to the application are:
(a) evidence to assess the credibility of the applicant and the person who is the lead person of the applicant, if the lead person is different from the applicant;
(b) evidence of the training achieved by the lead person of the applicant who is actually managing the operation of the exchange operation;
(c) a document issued by a foreign State on the integrity of the applicant and of each applicant's manager; and
(d) the declaration of the applicant's legal capacity.
(3) If the applicant is not the actual owner, they shall be annexed to the application for authorisation to operate as an exchange agent.
(a) evidence to assess the credibility of the person who owns the applicant; and
(b) a document issued by a foreign State stating the integrity of the beneficial owner of the applicant.
Application by a legal person for authorisation to work as an exchange agent
(1) The formalities for the application of a legal person for authorisation to operate as an exchange agent are:
(a) identification details of the applicant;
(b) identification details of the actual owner of the applicant, including an indication of the facts on the basis of which that person is the beneficial owner; and
(c) identification details of the lead person of the applicant.
(2) The Annexes to the application are:
(a) proof of the applicant's business authorisation;
(b) a document issued by a foreign State on the integrity of the applicant, each of its managers and the beneficial owner;
(c) evidence to assess the credibility of the applicant's person, each of its managers and the beneficial owner; and
(d) proof of the training achieved by the applicant's leading person who is actually managing the operation of the exchange operation.
(3) Where an application is made for an authorisation to operate as an exchange agent by the founder of a legal person who has not yet been established, the social contract of that legal person shall be annexed to the application. For the other elements of the application and the annexes thereto, paragraphs 1 and 2 (b) to (d) shall apply mutatis mutandis. If these provisions are invoked by the applicant, this shall mean the legal person whose founder has made the request.
Notice of modification of the data contained in the application for an authorisation to operate as an exchange agent
(1) The formalities for notification of modification of the information contained in the application for authorisation to operate as an exchange agent or in its Annexes are:
(a) the details of the exchange agent;
(b) a change in the data that occurs; and
(c) identification details of the changed person, including whether he is the lead person of the applicant, the lead person of the applicant who is actually managing the activities of the converter or the actual owner of the applicant.
(2) The Annexes to the notification, depending on the nature of the facts notified, shall be:
(a) a document issued by a foreign State of integrity;
(b) proof of the person's credibility;
(c) proof of the educational attainment; or
(d) a declaration of legal capacity.
Notification of location of the establishment
(1) The formalities for notification of the location of the establishment are:
(a) operator identification data;
(b) the address of the establishment, or any other clear identification of the place to indicate the location of the establishment where the exchange activity will be carried out; and
(c) the date on which the activity will commence at the establishment or the time limit, if the date on which the establishment is notified is known to start and end the activity of the exchange operation at that establishment.
(2) The formalities for the notification of the modification of the information contained in the notification of the location of the establishment are:
(a) operator identification data; and
(b) the date of termination or modification of the date of commencement of activity.
Form and form of application and notification
(1) The request for authorisation to operate as an exchange agent, including the required annexes, the notification of the location of the establishment and the notification of the change of the information contained in the notification of the location of the establishment shall be submitted in electronic form via the Internet application of the Czech National Bank for the registration of entities.
(2) The annexes to the application are the Portable Document Format (pdf) format or, if the Portable Document Format format (pdf) cannot be used, a different format commonly used in electronic communication that does not allow the content to change.
(3) The notification of an amendment to the information contained in the application for authorisation to operate an exchange agent shall be made in electronic form.
Information on transactions carried out
(1) An operator who has purchased or sold a foreign currency in the last calendar year of at least CZK 20 000 000 shall, at the end of each calendar quarter, draw up a DEV (CNB) account 26 - 04 "Purchase and sale of foreign currency" by completing an electronic form, where it shall provide summary data for all its establishments on the volume of exchange transactions made in each currency for the calendar quarter reported.
(2) The report referred to in paragraph 1 shall be submitted by the operator to the Czech National Bank within 15 calendar days of the end of the calendar quarter by means of an Internet application of the Czech National Bank for the collection of information obligations.
(3) Where the operator finds that the data in the previously submitted statement are incorrect, it shall, without undue delay, correct the data in that statement by means of an internet application.
(4) The operator shall communicate to the Czech National Bank the name and surname, telephone number and e-mail address of the contact person for the submission of the statement referred to in paragraph 1.
(5) An operator which has not reached the volume of purchase or sale of a foreign currency in the previous calendar year in the amount referred to in paragraph 1 shall submit to the Czech National Bank, once a year for all establishments, aggregated data on the total volume of exchange transactions for the reporting calendar year in accordance with the status as at 31 December by electronic or paper delivery by 20 February of the following calendar year.
(6) Submission of statements in accordance with this decree does not apply to operators who regularly compile and submit to the Czech National Bank reports containing data on exchange transactions under other legislation.
Common provisions
(1) Where the nature of the case excludes the submission of an annex to the application or notification required by this Decree and where it is not sufficiently apparent from the application or notification, the applicant or notifier shall justify the non-submission of an annex to the application or notification, and shall provide adequate evidence of such reasons.
(2) The proof of integrity issued by a foreign State under Paragraph 2 (a) (1) may be replaced by an extract from the Register of Penalties, together with an annex containing the information entered in the criminal record of that foreign State.
(3) Where a foreign State does not issue a proof of integrity and where the information necessary for the assessment of integrity cannot be substantiated by an annex to the extract from the Register of Penalties, it shall be annexed to the application form or to the notification of the person concerned of its integrity certified by the court, by the Office authorised or notarised by the competent foreign State.
(4) The applicant or notifier does not need to submit the data or documents required by this Decree if they are publicly available in the current form in the public administration information systems or if the Czech National Bank is available in the current form. The applicant or notifier shall state the reasons for not submitting such data or documents.
Efficacy
This Decree shall take effect on 1 November 2013.
Governor:
Prof. PhDr.
Vice-Governor
1) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended.
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Regulation Information
| Citation | Decree No. 315 / 2013 Coll., on Currency Exchange Activities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.2013 |
|---|---|
| Effective from | 01.11.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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