Act No. 319 / 2001 Coll.
Act amending Act No. 21 / 1992 Coll., on Banks, as amended
Valid
Law
Effective from 07.09.2001
Text versions:
18.09.2006
07.09.2001
319
THE LAW
of 9 August 2001
amending Act No. 21 / 1992 Coll., on Banks, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 61 / 1996 Coll., Act No. 306 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 165 / 1998 Coll., Act No. 120 / 2001 Coll., and Act No. 239 / 2001 Coll., is amended as follows:
1. In Paragraph 38 at the end of paragraph 3, the dot is replaced by a comma and the following point (i) is added:
"(i) the employment office in the case of recovery proceedings provided to the client by the State budget; This also applies to the recovery of these funds. ';
2. In Part Nine, in the title, the words "SUSPENSION Z 'shall be inserted after the words" INSURANCE'.
3. In Article 41a (2), the words "claims on 'shall be inserted after the words" insurance'.
4. In Article 41a (3), the words "claims on 'are inserted after the word" insurance' and the following sentence is added at the end of the text: "Paragraph 41l is not affected by this. '
5. In Article 41a (4), the words "the funds provided by the Fund under Article 41i 'shall be inserted after the words" the funds' and the words "interest-free loans' shall be deleted.
6. In Article 41a (5), the words "deposit holders' are replaced by the words" eligible persons' for deposit claims' and the words "repayable financial assistance and interest-free loans' are replaced by" debt repayments'.
7. § 41c reads:
(1) All claims on deposits, including interest, held on fulfilment of the identification requirements laid down in paragraph 3 in the Czech currency or in a foreign currency, registered as credit balances on accounts or holding books or endorsed by a deposit certificate, deposit note or other similar document, not involving claims referred to in paragraph 2, shall be insured.
(2) Claims on deposits of banks, financial institutions, health insurance companies and state funds are not insured. This does not apply if the cases referred to in § 41f are concerned. It is not covered by deposit claims which the bank is entitled to partially include in its own funds (subordinated debt).
(3) The Bank is required to ensure that the depositor is identified in the management of its account or other form of acceptance of its deposit and that the depositor's identification data are kept in its records. Identification data means:
(a) in the case of natural persons, the name, surname, address and date of birth or birth number or, where appropriate, identification number;
(b) in the case of legal persons, the company or name of the legal person, its registered office and, in the case of domestic legal persons, the identification number.
(4) The identification information referred to in paragraph 3 shall be provided in the account contract, the deposit book and the deposit certificate, the deposit note or other similar document confirming receipt of the deposit.
(5) The deposit claims insurance scheme shall not apply to notes and other securities.
(6) The Bank's annual contribution to the Fund is 0.3% of the average of the amount of insured deposit claims for the previous year, including interest. The average amount of insured deposit claims shall be calculated by the bank on the basis of the stocks of insured deposit claims on the last day of each calendar month of the preceding year, including interest to which the depositor was entitled on the same date. The calculation is made in Czech currency. For deposits denominated in foreign currency, the foreign exchange market rate declared by the Czech National Bank on the date on which the calculation is made shall be used for conversion into Czech currency.
(7) The annual contribution of the building savings bank to the Insurance Fund shall be 0,1% of the average of the amount of insured deposit claims for the previous year, including the interest to which the building savings participant was entitled in the previous year. The average volume of insured deposit claims of the building savings bank shall be calculated on the basis of the quarterly stocks of insured deposit claims of the previous year without counting the advance on State aid.
(8) The contribution to the Fund shall be payable by the Bank for the preceding calendar year by 31 January of the current year at the latest. The contribution is paid in Czech crowns. The Fund shall immediately inform the Czech National Bank of the non-payment of the contribution. '
8. § 41d, 41e and 41f read:
(1) Compensation for the insured deposit claim shall be granted to the beneficiary of the Fund after the Fund has received a written notification from the Czech National Bank of the bank's inability to meet its obligations towards the beneficiaries under legal and contractual conditions. Such notification shall be given no later than 21 days after the date of the finding of the operative event and shall be communicated in writing to the bank or the former bank.
(2) The Fund, in agreement with the Ministry of Finance and the Czech National Bank, provides for the starting date of the Fund's payments and publishes them accordingly. The Fund shall be able to pay compensation to beneficiaries within 3 months of the date on which the notification referred to in paragraph 1 was issued. The Czech National Bank, in agreement with the Ministry of Finance, may, in very exceptional cases, extend the deadline for a further three months at the request of the Fund, up to a maximum of twice.
(3) The Bank and, where appropriate, the former bank are obliged to provide the Fund with the necessary supporting documents for the start of the payment of compensation for deposit claims within the time limit set by the Fund. The supporting documents shall include information on the amount of the claim, the title of the claim and the amount of the deductible claims of the bank. The Board of Directors of the Bank or of the former Bank, or liquidator or liquidator of bankruptcy, shall be responsible for carrying out the obligation.
(4) Due to the failure to fulfil the obligation under paragraph 3, the Czech National Bank may be fined in administrative proceedings of up to CZK 500,000, even repeatedly.
(5) The Fund shall notify the Czech National Bank without delay of its failure to fulfil its obligations under paragraph 3.
(1) For the calculation of the compensation, all insured claims on the deposits of the beneficiary shall be added to the bank, including its shares in accounts held for two or more joint owners. The share of the co-owner of the account shall be equal to the fraction in which the numerator is the total amount in the account and in the denominator the number of co-owners, unless the authorised persons, when established or available with the account, provide a different amount of the share. The bank shall indicate a different amount of interest in its register. No account shall be taken of the fact referred to in Article 41d (1) to substantiate another amount of the share after the date on which the Fund was notified in writing. From the resulting amount, payable liabilities of the same person to the bank shall be deducted. The calculation shall be made in Czech currency on the date of commencement of payments, the conversion into Czech currency shall be carried out at the foreign exchange market rate declared by the Czech National Bank on the date on which the FUND was notified in writing pursuant to Paragraph 41d (1). The interest calculated on the date of commencement of the payments shall be part of the insured deposit claim. The refund shall be paid in Czech currency. The right of the beneficiary to benefit from the Fund shall be the right attached to the claim. For deposits denominated in foreign currency, the foreign exchange market rate declared by the Czech National Bank on the date on which the event referred to in § 41d (1) was communicated to the Fund in writing.
(2) The compensation to the beneficiary shall be equal to 90% of the amount calculated in accordance with paragraph 1, but not more than EUR 25 000 per beneficiary per bank. The equivalent of the limit in Czech crowns is converted according to the foreign exchange market rate declared by the Czech National Bank on the date on which the FUND was notified in writing pursuant to § 41d (1).
(1) The funds of several persons registered in one account constitute a deposit claim with a special regime.
(2) When creating an account in accordance with paragraph 1 or at the earliest disposal with such an existing account, the depositor shall notify the bank in writing that the funds constituting a claim of multiple persons are recorded in the account, document the proportion of each of them, identify those persons to the extent specified in Paragraph 41c (3) and prove the accuracy of the data. The bank shall treat the deposit in this account as any other insured deposit claim and record the information on it in its records.
(3) For the purposes of calculating the compensation from the Fund for the deposit claim referred to in paragraph 1, the bank shall submit to the Fund the breakdown of the deposit claims by person and the amounts due for each of them and demonstrate the accuracy of the data. It shall transmit the data to the Fund.
(4) Compensation for a deposit claim with a special scheme shall be granted at the same rate as would have been granted if each of those persons had cash registered in their own account.
(5) Where the beneficial owner of the amount of money is different from the depositor, compensation shall be granted to the beneficial owner. The depositor shall be obliged to notify the bank of this fact when the bank is set up or immediately available with an account and to identify the beneficial owner of the funds to the extent set out in Section 41c (3), and the bank shall record this information in the account contract or any other document with which the deposit is made and in its records.
(6) The notification by the depositor referred to in paragraphs 2 and 5 made after the date on which the fact referred to in Article 41d (1) has been notified in writing to the Fund shall not be taken into account. "
9. Paragraph 41g (3) to (6) reads as follows:
"(3) They shall not be entitled to compensation for a deposit claim from the Fund
(a) persons having a special relationship with the bank concerned;
(b) owners of deposits arising in connection with the legalisation of the proceeds of crime for which they have been convicted by a criminal court.
(4) The Fund shall suspend the payment of compensation for those deposit claims which it is clear from the course of criminal proceedings that they are deposit claims within the meaning of paragraph 3 (b).
(5) The obligation to make a contribution to the Fund on deposit claims of persons referred to in paragraph 3 shall remain unaffected.
(6) For the purposes of calculating the amount to be paid from the Fund to the beneficiary, no account shall be taken of the increases in insured deposit claims arising from:
(a) on the basis of an intra-bank transfer between individual accounts held with the same bank made after the date on which the FUND was notified in writing pursuant to Paragraph 41d (1);
(b) as a result of the transfer of a deposit claim made after the date on which the Fund was notified in writing of the event referred to in Article 41d (1). "
10. in Paragraph 41h (1), the word 'depositors' shall be replaced by 'beneficiaries';
11. in Article 41h (2), the word "depositors" shall be replaced by "authorised persons."
12. in Paragraph 41h (3), the word "depositor" shall be replaced by the words "beneficiary."
13. § 41i reads:
In the event that the Fund's funds are insufficient to pay the legal compensation, the Fund shall obtain the necessary funds on the market. The Fund shall ensure that the conditions under which the Fund's funds are provided are as favourable as possible. ';
14. § 41j reads:
The Fund may invest funds only in a safe manner in accordance with its Statute. ';
15. § 41k reads:
Where the Fund has been granted a loan or other form of repayable financial assistance (§ 41i), the contribution of banks to the Fund shall be increased from the year following the grant of the loan or other form of repayable financial assistance to twice the percentage referred to in § 41c (6) and (7). In the year following the repayment of the loan or other form of repayable financial assistance, the contribution shall be reduced to the percentage referred to in § 41c (6) and (7). '
16. the following Section 41l is inserted after § 41k:
(1) The branches of foreign banks need not participate in the deposit claims insurance scheme if they notify the Czech National Bank of their intention and at the same time demonstrate that the deposit claims insurance scheme in which they are participating guarantees at least the same level of protection as the deposit claims insurance scheme under this Act.
(2) The obligation of a branch of a foreign bank to pay a contribution to the Fund for the relevant part of the calendar year in which it has made the notification referred to in paragraph 1 is without prejudice to this. "
Transitional provision
The Deposit Guarantee Fund ("the Fund ') shall pay to the natural and legal persons who, at the date of the opening of the administrative procedure for the withdrawal of authorisation, were acting as a bank at Pragobanka, a. s. Praha, now in bankruptcy, at Universal Bank, a. s., Ústí nad Labem, now in bankruptcy, at Moravia Bank, a. s., Frýdek-Místek, now in bankruptcy, at the Credit Bank Pilsen, a. s., now in bankruptcy, at the Union Bank, a. s., now in bankruptcy (" the banks'), additional compensation for all claims arising from their deposits in domestic and foreign currency held by these banks on the date of the opening of the administrative proceedings for the withdrawal of the bank acting as a bank up to CZK 4 million to each depositor.
The payment of the additional compensation shall be made in accordance with the provisions of Sections 41d to 41g, other than paragraphs 2 § 41e, Act No 21 / 1992 Coll., on Banks, as amended, with the reduction of the additional compensation paid by the Fund by the refund already paid. At the date of the start of the payment of the additional compensation, the depositor's claim on the bank shall be reduced by an amount equal to his right to additional compensation from the Fund. The additional compensation shall be paid to any depositor of the above banks on the date of the opening of the administrative procedure for the withdrawal of their authorisation to act as a bank. The additional compensation shall also be paid to the heirs of natural persons and legal successors. At the date of the start of the payment of the additional compensation, the depositor's claim on the bank shall be reduced by an amount equal to his right to additional compensation from the Fund. The Fund shall become a bank creditor of the amount of bank depositors' rights to the performance of the Fund on the date of the start of the payment of the additional compensation. The payment of additional compensation under this provision must start within 4 months of the effectiveness of this Act.
The depositors of banks or other persons in connection with the payment of the additional compensation under this transitional provision of the Act do not have rights other than those resulting from this transitional provision of the Act. The right under this transitional provision of the Act applies to depositors of those banks specifically mentioned in this provision of the Act, to depositors of other banks does not apply to this provision and they are entitled to compensation in the event of the bank's failure to comply with the obligations to depositors as laid down by Act No. 21 / 1992 Coll., on Banks, as amended.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 319 / 2001 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2001 |
|---|---|
| Effective from | 07.09.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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