Czech National Bank Decree No. 32 / 1999 Coll.
Order of the Czech National Bank setting out the details of the request for prior approval of the Czech National Bank for the acquisition of shares of the Bank with a voting right and of the notification of a reduction of the shares of the Bank with a voting right
Valid
Order
Effective from 23.02.1999
Text versions:
23.02.1999
32
DECLARATION
Czech National Banks
of 2 February 1999
laying down the formalities for the request for prior approval of the Czech National Bank for the acquisition of shares of the Bank with a voting right and the requirements for the notification of a reduction of the shares of the Bank with a voting right
The Czech National Bank provides, pursuant to § 20 paragraphs 3 and 4 of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 165 / 1998 Coll., hereinafter referred to as "the Act ':
Forms of request for prior approval of the Czech National Bank for acquisition of shares of the Bank with a voting right
(1) If the applicant is a natural person to give prior consent to acquire shares of the Bank with a voting right ("prior consent '), the request for prior consent shall include:
(a) the basic details of the request for prior consent, which shall contain the completed form, the specimen of which is in Annex 1;
(b) the justification in which it is given
1. the purpose for which the requested share is acquired;
2. Strategic intention to develop the Bank in the acquisition or increase of a direct or indirect stake in the Bank over 33% of voting rights, including staffing of senior staff, 1) the statutory body and supervisory board of the Bank, and a communication as to whether the applicant has dealt with the current shareholders of the Bank and whether there is a consensus in the approach to further development of the Bank;
(c) paper documents
1. an extract from the record of the applicant's criminal record not earlier than 1 month; a person with a permanent residence outside the territory of the Czech Republic (hereinafter referred to as "a foreign natural person ') shall also submit a document of a similar nature issued by an authority authorised by the State of residence of a foreign natural person, as well as States in which he has remained continuously for more than 3 months in the last 5 years; where the document is not issued by the competent State, the foreign natural person shall replace it by a declaration of honour; where the State of residence of a foreign natural person is not the same as that of which the foreign natural person is a citizen, that foreign natural person shall also submit a document issued by the State of which he is a citizen;
2. the CV of the applicant with an emphasis on the jobs and business activities carried out in the last 10 years;
3. proof of origin of the funds from which the purchase of shares is covered;
4. a statement by the applicant, which takes a direct share of the Bank's voting rights, that it buys shares for its own account; where there is no person under Paragraph 2 of this Order, a statement that he is not acting in conformity with another shareholder of the bank and that there is no written or oral obligation of the applicant to act or exercise shareholder rights for the benefit of a third party;
5. Declaration by the applicant that all the data and documents submitted by him are up to date, complete and true.
(2) Where the applicant is a legal person for prior consent, the application for prior consent shall contain:
(a) the basic details of the request for prior consent, which shall contain the completed form, the specimen of which is in Annex 1;
(b) the justification in which it is given
1. the purpose for which the requested share is acquired;
2. Strategic intention to develop the Bank in the acquisition or increase of a direct or indirect stake in the Bank over 33% of voting rights, including staffing of senior staff, 1) the statutory body and supervisory board of the Bank, and a communication as to whether the applicant has dealt with the current shareholders of the Bank and whether there is a consensus in the approach to further development of the Bank;
(c) paper documents
1. an extract from the applicant's business register of not more than 1 month old and, for a legal person not registered, a document proving its existence; a legal person having its registered office outside the territory of the Czech Republic (hereinafter referred to as "foreign legal person ') shall submit a document of a similar nature,
2. a biography of the person listed in Table 4 B. of the form, the model of which is in Annex 1, with an emphasis on the employment and business activities carried out over the last 10 years;
3. an extract from the record of the Register of Penalties not earlier than 1 month of age of the person referred to in Table 4 B. of the form, the specimen of which is in Annex 1; a foreign legal person shall submit a document of a similar nature to that of a foreign natural person listed in Table 4 B. of the form, the specimen of which is in Annex 1, issued by an authority authorised to do so by the State of residence of a foreign natural person, as well as States in which he has remained continuously for more than 3 months in the last 5 years; where the document is not issued by the competent State, the foreign natural person shall replace it by a declaration of honour; where the State of residence of a foreign natural person listed in Table 4 B. of the form, the specimen of which is in Annex 1, is not the same as the State of which the foreign natural person is a citizen, the applicant shall also submit a document relating to that person issued by the State of which that person is a citizen;
4. proof of origin of the funds from which the purchase of shares is covered;
5. the accounts and, where the applicant is part of a consolidated entity, the consolidated accounts of the applicant for the last 3 years verified by the auditor; (2) the foreign legal entity shall submit the documents to them on an equal footing;
6. a statement by the applicant, which takes a direct share of the Bank's voting rights, that it buys shares for its own account; where there is no person under Paragraph 2 of this Order, a statement that he is not acting in conformity with another shareholder of the bank and that there is no written or oral obligation of the applicant to act or exercise shareholder rights for the benefit of a third party;
7. if the applicant is a foreign bank, the written opinion of the supervisory authority of the bank in the country of its registered office on the intention to acquire or increase a share in the bank of the amount requested,
8. Declaration by the applicant that all the data and documents submitted by him are up to date, complete and true.
(3) The signature of the applicant on the application or, where applicable, of the authorised person referred to in paragraph 4 shall be officially verified.
(4) If a request for prior consent is submitted by another person on behalf of the applicant, that person must have full authority with an officially certified signature of the principal in respect of the application for prior approval of the Czech National Bank pursuant to § 20 (3) of the Act.
(5) The documents in a foreign language must be accompanied by an officially certified translation into the Czech language.
Persons acting in conformity
(1) If they ask for prior consent of a person acting in agreement, (3) whose share of the bank in total constitutes the achievement or exceeding of the limits of voting rights provided for in Article 20 (3) of the Act, they shall authorise a person to submit individual applications to the Czech National Bank under Article 1 processed by persons forming a group of persons acting in agreement. Full power with officially certified signatures of all parties involved is part of the request for prior approval of the Czech National Bank.
(2) The strategic plan for the development of the Bank in the event of acquisition of a share of more than 33% of the voting rights referred to in Article 1 (1) (b) (2) and (2) (b) (2) shall be submitted jointly for the whole group of persons acting in agreement by a person authorised under paragraph 1.
Forms of notification of a reduction in the shares of the voting bank
(1) If the natural or legal person has reduced the share of the bank in accordance with Section 20 (4) of the Act, he will send the Czech National Bank a completed form, a model of which is in Annex 2.
(2) If a group of persons acting in agreement has reduced their share of the bank pursuant to Article 20 (4) of the Act, each of these persons will send to the Czech National Bank a completed form, the model of which is in Annex 2., through an authorised person, with a reference that they are a person or persons belonging to a group of persons acting in agreement.
Efficacy
This decree shall take effect on the day of its publication.
Governor:
Doc. Ing. Tošovský v. r.
Příloha č. 1
Annex No 1 to Decree No 32 / 1999 Coll.
Příloha č. 2
Annex No 2 to Decree No 32 / 1999 Coll.
1) Paragraph 4 (3) (b) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 165 / 1998 Coll.
2) § 40 of Act No. 513 / 1991 Coll., Commercial Code, as amended.
3) § 66b of Act No. 513 / 1991 Coll., as amended.
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Regulation Information
| Citation | Order of the Czech National Bank No. 32 / 1999 Coll., setting out the formalities for the request for prior approval of the Czech National Bank for the acquisition of shares of the Bank with a voting right and the requirements for the notification of a reduction of the shares of the Bank with a voting right |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.1999 |
|---|---|
| Effective from | 23.02.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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