Decree No. 337 / 2025 Coll.
Decree amending Decree No. 163 / 2014 Coll., on the performance of the activities of banks, savings and credit cooperatives and securities dealers, as amended
Valid
Order
Effective from 11.01.2026
337
DECLARATION
of 26 August 2025
amending Decree No. 163 / 2014 Coll., on the performance of the activities of banks, savings and credit cooperatives and securities dealers, as amended
The Czech National Bank provides pursuant to § 8b paragraph 9, § 12af paragraph 3, § 12ag paragraph 8, § 12m paragraph 6 and § 24 paragraphs 1 and 2 of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 135 / 2014 Coll., Act No. 353 / 2021 Coll. and Act No. 280 / 2025 Coll., pursuant to § 7a paragraph 5, § 8aj Paragraph 5 and § 27 paragraph 1 of Act No. 256 / 2004 Coll., on Enterprise Act No. 22, Act No. 135 / 2021 Coll., and certain measures relating thereto and to Act No. 586 / 1992 Coll., as amended by Act No. 120 / 2007 Coll., Act No. 135 / 2014 Coll.
Decree No. 163 / 2014 Coll., on the performance of the activities of banks, savings and credit cooperatives and securities dealers, as amended by Decree No. 392 / 2017 Coll., Decree No. 354 / 2021 Coll. and Decree No. 197 / 2025 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2013 / 36 / EU of the European Parliament and of the Council of 26 June 2013 on the taking up and prudential supervision of credit institutions and amending Directive 2002 / 87 / EC and repealing Directives 2006 / 48 / EC and 2006 / 49 / EC, as amended by Directives 2014 / 17 / EU, 2014 / 59 / EU, (EU) 2015 / 2366, (EU) 2018 / 843, (EU) 2019 / 878, (EU) 2019 / 2034, (EU) 2021 / 338, (EU) 2022 / 2556, (EU) 2023 / 2864 and (EU) 2024 / 1619 and Regulation (EU) 2023 / 1114."
2. in § 2, § 107 (4), § 111 (2), § 115 (3) and § 116 (4), the words "branch of the bank" are replaced by the words "foreign bank";
3.
Paragraph 107 (4), § 111 (2), § 115 (3), § 116 and § 116b shall apply to a foreign bank other than a Member State. '
4. in Article 7 (1) (f):
"(f) internal approach
1. the internal rating approach referred to in Article 143 (1) of the Regulation;
2. an approach based on internal models in accordance with Article 221 of the Regulation;
3. the internal model method referred to in Article 283 of the Regulation;
4. an approach based on an alternative internal model in accordance with Article 325az of the Regulation; or
5. the internal evaluation method referred to in Article 265 (2) of the Regulation; ';
5. In Article 7 (2), point (j) is deleted.
Points (k) to (m) shall be renumbered as points (j) to (l).
6. in Article 7 (3), point (b) shall be deleted;
Points (c) to (m) shall be renumbered (b) to (l).
7. in Article 13 (3) (c) and Article 18 (1) (g) (2), "compliance" is replaced by "compliance activity."
8. In Section 16, the current text becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(2) The managing authority shall develop and monitor the implementation of plans containing quantifiable objectives and processes to monitor and address financial risks arising from:
(a) in the short, medium and long term, from environmental, social and governance factors ("ESG factors");
(b) the adaptation process and the transformation trends in relation to the regulatory objectives and legal acts of the European Union and of the Member States in relation to the ESG factors, in particular the objective of achieving climate neutrality, and, where relevant, the regulatory objectives and legal acts other than those of the Member States.
(3) Climate neutrality as referred to in paragraph 2 (b) means the general objective of achieving climate neutrality by 2050 as set out in Article 2 (1) of the directly applicable European Union law governing the European legal framework for climate 24).
(4) The managing authority in the procedure referred to in paragraph 2 shall take into account the reports and measures adopted by the European Scientific Advisory Committee on Climate Change. Where the obliged entity draws up a sustainability report or a consolidated sustainability report under the Accounting Act or similar foreign legislation, the managing authority shall ensure that the plans referred to in paragraph 2, which include in particular measures relating to the model and business strategy of the obliged entity, are consistent with those set out in the sustainability report or the consolidated sustainability report.
(5) The managing authority of a obliged entity which is a small and not too complex institution as referred to in Article 4 (1) (145) of the Regulation may apply one or more simplifications in the procedure referred to in paragraphs 2 and 3, consisting of:
(a) to a lesser extent, the details and frequency of the preparation of the plans;
(b) in establishing a smaller number of scenarios and a narrower thematic range of plans, which may be based on a simplified set of main parameters and assumptions, including only selected relevant risks, time horizons and territorial breakdown of impacts;
(c) in a more limited set of indicators when setting targets and the possibility to formulate targets in a more qualitative manner.
24) Regulation (EU) 2021 / 1119 of the European Parliament and of the Council of 30 June 2021 establishing a framework for the achievement of climate neutrality and amending Regulation (EC) No 401 / 2009 and Regulation (EU) 2018 / 1999 (the European legal framework for the climate). '.
9. In Articles 17 (3), 17 (4) (b), 18 (4) and (5), 20 (4), 22 (1) (i) and (j), 41 (5), 48 (3) (a), (c) and (d), Annex 1 (1) (b), Annex 2 (7) (a) and Annex 2 (12) (d), the word "peak" is replaced by "higher."
10. In Paragraph 18 (1) of the Introductory Part of the provision, the word 'regularly' is replaced by 'at least once every 2 years'.
11. in Article 18 (1) (d), the words "including risks arising from the short, medium and long-term effects of the ESG factors" shall be inserted after the word "cycle."
12. in Article 21, paragraphs 5 and 6 are deleted;
13. the following Section 21a is inserted after Section 21:
(1) The obliged entity shall establish and maintain in a consistent manner internal control functions which are independent of operational units and have a status, sufficient powers, resources and access to the management body.
(2) The obliged person shall ensure that:
(a) internal control functions shall be established and maintained in such a way as to ensure the proper identification, measurement and notification of any significant risks and to be able to provide a full view of the overall extent of the risks of the obligor;
(b) the risk management function is actively involved in the development of the risk management strategy of the obligor, controls its implementation and participates in all relevant decisions in this field;
(c) the internal audit function carries out an independent review of the implementation of the mandatory risk management strategy and is not compatible with other activities of the obliged entity or other internal control functions;
(d) the compliance function ensures that the mandatory risk management strategy takes into account the risk of non-compliance in the activities of the obligor, the risk of non-compliance of the obligor with the legislation or the risk of non-compliance of the obligor with the internal legislation, and ensures that those risks are assessed before a significant risk management decision is taken.
(3) The obliged person shall ensure that the staff in internal control functions are independent of the services they control.
(4) The obliged person shall ensure that staff in internal control functions have the possibility to:
(a) direct access;
(b) report independently of the members of the managing authority and of persons in senior management;
(c) to inform him of any doubts and, where appropriate, to warn him if a risk arises in a way which has or may have an adverse effect on the obligor.
(5) The obliged entity shall ensure that the lead internal control function is a person independent of other persons in higher management with clearly defined scope and competence in the field of risk management, compliance activities or internal audit of the obliged entity.
(6) If the organisation of the performance of the risk management function or compliance function referred to in paragraph 5 is not proportionate to the nature, scale and complexity of the activities of the obligor, the performance of the risk management function or compliance function may be provided by another sufficiently experienced worker who performs other tasks or may perform both functions by the same person, provided that:
(a) there is no conflict of interest;
(b) the person responsible for the risk management function or compliance function has sufficient competence to perform tasks in different areas; and
(c) the worker responsible for the risk management function or compliance function shall devote sufficient time to the appropriate performance of all his functions. ';
14. Article 29 shall be deleted;
15. in Article 31, the following point (b) is inserted after point (a):
"(b) ESG risk,"
Points (b) and (c) shall be renumbered (c) and (d).
16. In Paragraph 35, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) before accepting exposure in cryptoassets, its assessment and assessment of the adequacy of existing counterparty risk management processes and procedures shall be carried out and shall inform the Czech National Bank without undue delay."
17. In Paragraph 38, the following paragraph 2 is inserted after paragraph 1:
"(2) Before accepting exposure in cryptoassets, the obligor shall carry out an assessment of such exposure and the adequacy of existing market risk management processes and procedures and inform the Czech National Bank without undue delay. '
Paragraph 2 shall become paragraph 3.
18. Paragraph 39 (2) reads as follows:
"(2) Depending on its size, internal organisation, nature, scale and complexity of its activities, the obliged entity shall consider the creation of internal market risk assessment tools and the setting of capital requirements for positions in trading portfolios by the internal model, together with the use of an internal model to calculate own funds requirements to cover default risk, in particular where the exposure of the obligor to default risk is significant on an absolute scale and has a large number of significant positions in traded debt or equity instruments of different issuers. This is without prejudice to compliance with the requirements laid down for the use of alternative internal models to determine capital requirements for market risk. ';
19. in Paragraph 40 (1), the word "models" is replaced by "direct and indirect exposures to cryptoassets and to service providers related to cryptoassets."
20. In Article 42, the following paragraph 3 is added:
"(3) In the case of cryptoassets without an identifiable issuer, the obligor shall assess the concentration risk in terms of exposure in cryptoassets with similar characteristics. ';
21.
(1) The obliged entity shall establish and maintain strategies, policies, procedures and systems for the identification, measurement, management and monitoring of ESG risks in the short, medium and long term, proportionate to the scale, nature and complexity of the ESG risks associated with the business model and to the scope of the activities of the obliged entity. The long-term horizon shall mean a period of at least 10 years.
(2) The obliged entity shall test its resilience to the long-term adverse effects of the ESG factors, including those related to climate change, in both a baseline and a negative scenario within a given time frame. The obligor shall include in the testing of resilience various scenarios reflecting the potential impacts of environmental and social change and related public policies on the long-term business environment. In the process of testing the resilience of a credible scenario based on scenarios developed by international organisations, the obliged entity shall use. ';
22. Paragraph 47 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
23. in Article 48 (1), (3) and (4), "compliance" is replaced by "compliance activities."
24. In Part Three, Title I, including the title, is deleted.
25. Paragraph 70, including the title, reads:
Forms of the capital recovery plan
The capital recovery plan shall include:
(a) estimates of revenue and expenditure and assumed balance sheet of the obliged entity;
(b) measures to increase the capital ratios of the debtor;
(c) the plan and the timeframe for the increase in the capital of the obligor in order to fully fulfil the combined buffer and, where relevant for the obligor, the buffer to the leverage ratio;
(d) information showing the reality of the fulfilment of the recovery plan for the obligor. "
26. In Part Three, Title III, including the title, is deleted.
27. In Part Four, Title I, including the title, is deleted.
28. Article 76 shall be deleted;
Article 29 (78) shall be deleted;
30. In Part Four, Title V, including the title, is deleted.
31. In the heading of Part Six, "§ 12af (3), § 12ag (8) 'is inserted after" K'.
32. in Paragraph 108 (2):
"(2) The compulsory person informs the Czech National Bank of the results of the calculations
(a) according to its internal approaches for its exposures or positions listed in the comparative portfolios, where it uses the internal approach to calculate risk-weighted exposure amounts or to calculate own funds requirements;
(b) for its exposures or positions listed in the comparative portfolios, where it uses an alternative standardised approach in accordance with Chapter 1a of Title IV of Part Three of the Regulation and at the same time the volume of its on-balance-sheet and off-balance-sheet items exposed to market risk under Article 325a (1) (b) of the Regulation shall be at least EUR 500 million;
(c) according to the approaches used for the purpose of determining the amount of expected credit losses on exposures or positions specified in the comparative portfolios, when using an internal rating approach under Part Three, Title II, Chapter 3 of the Regulation or a standardised approach under Part Three, Title II, Chapter 2 of the Regulation, while
1. draw up financial statements in accordance with international accounting standards pursuant to Regulation (EC) No 1606 / 2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards, as amended, hereinafter referred to as "international accounting standards,"
2. valuates assets and off-balance-sheet items and determines the amount of own funds referred to in Article 24 (2) of the Regulation in accordance with international accounting standards; or
3. Does not value assets and off-balance-sheet items in accordance with international accounting standards, but uses an expected credit loss model that is the same as that used in international accounting standards. ';
33. in Paragraph 108, the following paragraph 3 is inserted after paragraph 2:
"(3) the following paragraph is added:
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
34. Paragraph 108 (6) is deleted.
35. in Sections 109, 110 and 112, paragraph 2 is deleted and the designation of paragraph 1 is deleted;
Article 36 (113) and (114) shall be deleted;
37. in Article 116a (3), the words "possibly in paper form to the address of the Czech National Bank" are replaced by the words "to the data box of the Czech National Bank."
38. Paragraph 116b, including the title, reads:
Verification reports
(1) A foreign bank from a non-Member State submits a verification report to the Czech National Bank under Section 12af of the Bank Act in electronic form, signed by a verifier selected under Section 22b of the Bank Act in the manner in which the other legislation combines the effects of the handwritten signature, to the data box of the Czech National Bank at least every two years, within 6 months of the end of the financial year.
(2) A foreign bank from a non-Member State submits a verification report to the Czech National Bank pursuant to Section 12ag of the Bank Act in electronic form, signed by a verifier selected under Section 22b of the Bank Act, in the manner in which other legislation links the effects of the handwritten signature to the data box of the Czech National Bank every year, within 6 months after the end of the financial year. "
39. In Annex 1, point 1 (b), the words "senior worker 'are replaced by the words" senior persons'.
40. In Annex 1 (1) (b), the word "internal 'is inserted after the word" after'.
41. In Annex 1 (1) (c), the words "as referred to in Article 4 (1) (146) of the Regulation 'are deleted.
42. In Annex No 1, point 9 (b), the words "including access to risks under § 31 'are inserted after the words" criteria'.
43. In Annex 2, point 10, the words "including the risks arising from the impact of ESG factors' shall be inserted after the words" risk '.
Efficacy
This Decree shall take effect on 11 January 2026, with the exception of Article I (3), (24), (26) to (30), (35) and (38), which shall take effect on 11 January 2027.
Governor:
Michl, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 337 / 2025 Coll., amending Decree No. 163 / 2014 Coll., on the pursuit of the activities of banks, savings and credit cooperatives and securities dealers, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2025 |
|---|---|
| Effective from | 11.01.2026 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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