Act No. 338 / 2020 Coll.
Act amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 87 / 1995 Coll., on Savings and Credit Cooperatives and certain measures related thereto and supplementing Act No. 586 / 1992 Coll., on Income Taxes, as amended
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Effective from 01.10.2020
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01.10.2020
11.08.2020
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338
THE LAW
of 22 July 2020
amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and supplementing Act No. 586 / 1992 Coll., on Income Taxes, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, No. 100, No 2011, No 2011, Act No. 100, Act No. 100, No. 2011, No. 2011, No. 100, No. 2011, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, Act No. 2011, No. 2011,
1. in Paragraph 4 (5) (d), "4" is replaced by "3."
2. In the first sentence of Article 5 (5), the words "may only be made on the prescribed form to which the applicant attaches' shall be replaced by the words" shall contain, in addition to the formalities laid down in the administrative rules, 'and the words "may be made electronically only'. Details of the application details, its format and other technical details shall be laid down by the Czech National Bank by decree."
3. In the first sentence of Paragraph 5a (1), the words "provided for by European Union law 'are deleted.
4. In Paragraph 5a (4), the words "29a 'are deleted and the words" to 9' are replaced by the words "to 8 '.
5. in Article 7a (1) (e), the word 'other' shall be replaced by 'special';
6. In Article 7a (3), "and a branch 'is replaced by" or a branch' and "and a branch 'is replaced by" or a branch'.
7. In Paragraph 8 (6) of the Introductory Part of the provision, the word "Pro 'is replaced by" Without prejudice to the obligation of a member of the statutory body, a member of the Board of Directors or a member of the Board of Supervisors of the Bank to devote sufficient time capacity, for'.
8. in Article 8 (6) (a):
"(a) the groups referred to in Article 4 (1) (138) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council, as amended,";
9. In Article 8 (10), the words "persons in charge and worker 'are replaced by the words" persons in charge'.
10. in Article 8b (2), "character" is replaced by "nature" and at the end of the text of the paragraph the words "in whole or in part."
11. in Article 10a (2) (c) and Article 25a (3) (d), the word "publication" is replaced by "publication."
12. In § 11 (1), first sentence, § 11 (2), first sentence, § 11 (3), first sentence, § 11 (8) and (9), § 12 (2), first sentence, § 41c (3) of the introductory part of the provision of the first sentence, and in § 41cd of the first sentence, the words "and the branch" are replaced by the words "or branch."
13. In Article 12, the following paragraph 3 is added:
"(3) A bank or branch of a bank from a Member State other than a Member State shall carry out professional care activities; This is without prejudice to the obligations of the bank under the law governing the capital market business in the exercise of its activities under § 1 (3) (h). ';
14. in Article 12b, the word "published" is replaced by "published."
15. in § 12m (1), § 12r (1), § 12u (1) and § 12v (1), "other legal" is replaced by "special legal."
16. In the first sentence of Article 12o (4), the words "Regulation (EU) No 575 / 2013 of the European Parliament and of the Council" shall be deleted and the words "Regulation (EU) No 575 / 2013 of the European Parliament and of the Council" shall be inserted after the words "Article 92 (3)";
17. in Article 12v (3) (c), "activities" is replaced by "activities."
18. in Paragraph 12x, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
19. in Article 16 (1) (d), 'k' is replaced by 'to decide on the General Meeting';
20. In the second sentence of Article 16 (1), the words "Legal proceedings and resolutions' are replaced by the words" Legal proceedings' and the words "are invalid 'are replaced by the words" are regarded as not being adopted'.
21. in Article 16 (2) (b), the word "their" shall be deleted and at the end of the text of the letter the words "the persons proposed shall be added mutatis mutandis to the extent of the information submitted for them in the licence application."
22. in Paragraph 16 (4):
"(4) Only the acquisition of the Bank's business facility or its smuggler may be:
(a) another bank;
(b) a bank established in the territory of a Member State which carries on business in the Czech Republic through its branch; or
(c) a foreign bank operating on the territory of the Czech Republic through its branch under a licence pursuant to § 5. '
23. In Article 16, paragraphs 6 to 12 are added:
"(6) The Czech National Bank shall not give prior approval under paragraph 1 (a) or (c) if there are reasonable concerns that the disposition of a business facility or part of a business establishment of a bank, the merger or division of a bank or the transfer of assets to a bank as a partner will result in the risk of financial stability and the safe functioning of the financial system of the Czech Republic, in particular taking into account the organisational conditions, capital facilities and other assumptions of the prudent business of the bank or branch of a foreign bank involved in the procedure referred to in paragraph 1 (a) or (c). In doing so, it shall consider the impact on the stability of the financial system of another Member State of the European Union, taking into account the facts available at the time of its issue, and in particular in cases where an emergency situation is likely to affect the functioning of the financial systems.
(7) The request for consent referred to in paragraph 1 shall include, in addition to the formalities laid down in the administrative rules, information on the reasons for the intended procedure, the manner in which it is implemented and the persons involved in the procedure. The application may only be submitted electronically. The details of the application details, its format and other technical details are laid down by the Czech National Bank Order.
(8) Once the decision granting consent under paragraph 1 (a) or (c) has become final and at least 1 month before the date of entry into force of the legal act to which the consent has been granted, the Bank shall publish a notice of that procedure on its website. Depositors whose deposit claim has changed as a result of the procedure referred to in paragraph 1 (a) or (c), the bank shall, without undue delay after publication of this notice, provide such notification on a durable medium. The publication of this notice shall be deemed to fulfil the obligation to inform depositors pursuant to Paragraph 41s (1).
(9) The notification referred to in paragraph 8 shall include at least:
(a) the firm or the name and registered office of the persons involved in the procedure referred to in paragraph 1 (a) or (c);
(b) the shortened scope of the data on compliance with the prudential rules of persons referred to in point (a) which are published in accordance with Sections 11a and 11b and the directly applicable European Union regulation governing prudential requirements; that obligation may also be fulfilled by publishing a reference to the place where such data are available;
(c) information on the seat of the future branch in the Czech Republic when it comes to converting the bank into a branch of a foreign bank;
(d) a description of the procedure referred to in paragraph 1 (a) or (c);
(e) a description of the effect of the procedure referred to in paragraph 1 (a) or (c) on clients and their contracts with the bank;
(f) information on the competent supervisory authority after carrying out the procedure referred to in paragraph 1 (a) or (c);
(g) information on the relevant foreign deposit guarantee scheme after the procedure for which the consent under paragraph 1 has been granted; and
(h) a lesson on the right to withdraw or transfer claims on deposits where that right pursuant to paragraph 11 or Paragraph 41s (2) arises in connection with the execution of the procedure referred to in paragraph 1 (a) or (c) for which consent has been granted.
(10) The notification referred to in paragraph 8 shall be sent by the Bank to the Czech National Bank. If the notification does not have the required formalities, it is not certain or understandable, the Czech National Bank shall initiate proceedings for the prohibition of publication within 30 days of its receipt. A notice may be published only after the time limit for initiating the procedure for the prohibition of publication of a notice has expired in vain, or if a procedure for the prohibition of publication of a notice has been initiated and a decision for the prohibition of publication of a notice has not been issued until after the end of that procedure.
(11) Where, as a result of a procedure under paragraph 1 (a) or (c), a change of the competent supervisory authority to a foreign supervisory authority in relation to an activity under Paragraph 1 (1) (a) occurs, the depositor, in respect of which the deposit claim has changed the debtor, shall have the right, within 3 months of the date on which the notification under paragraph 8 has been published on the Bank's website, to withdraw or transfer its claims on deposits, free of charge and without penalty, if the deposit claims are excluded under Section 41c.
(12) Paragraphs 8 to 11 shall not apply if it is followed by a law governing recovery and resolution in the financial market or under other measures to restore the Bank with the approval of the Czech National Bank. "
24. in Article 16a (1) and in Article 16a (2), first sentence, the word "open" shall be replaced by "set up."
25. In Paragraph 16a (2), the last sentence is replaced by the sentence: "If, on receipt of notification of the intention to establish a branch of a bank or an authorised financial institution in a Member State, the Czech National Bank finds that the conditions laid down in § 5c to 5m have not been met, it shall decide in administrative proceedings within 3 months of the date of receipt of the information pursuant to § 5f."
26. in Article 16a (3), the words "provided for by European Union law in these cases" shall be deleted.
27. in Article 17 (3), the text "(Article 17a (1))" shall be deleted;
28. in Article 17a, paragraph 1 is deleted;
Paragraphs 2 to 12 shall be renumbered paragraphs 1 to 11.
29. in Article 17a (5), the words "share of voting rights arising from" shall be replaced by the words "qualified"; the words "shares in capital or" and the words "bank or person entitled to act as a bank" shall be replaced by "institution."
30. in Article 17a (9) of the Introductory Part of the Provisions, in Article 17a (9) (a) and (b) and in Article 17a (10) of the Introductory Part of the Provisions, "8 or 9" is replaced by "7 or 8."
31. in Article 17a (10) (a), "8 (b) or (9)" shall be replaced by "7 (b) or (8)";
32. In Paragraph 18, at the end of paragraph 2, the sentence "Paragraph 1 shall not be affected. 'is added.
33. in Article 19a (1), the words "pursuant to the Special Law (5a)", including footnote 5a, are deleted.
34. In Paragraph 20 (3) of the Introductory Part of the provision, the words "notify their intention in advance and 'shall be inserted after the words" must'.
35. in Paragraph 20 (4), the first sentence shall be replaced by the following: "The Czech National Bank shall confirm receipt in writing within 2 working days of the date of receipt of the complete application for consent referred to in paragraph 3; where the application is incomplete, without undue delay, invite the applicant to remedy the deficiencies of the application. The Czech National Bank shall inform the applicant, without undue delay after receipt of the complete application, of the date on which the deadline for the examination of the application set out in paragraph 7 expires. ';
36. In Paragraph 20 (6) of the Introductory Part of the provision, the words "the application made incomplete or, if other defects' are replaced by the words" necessary for the examination of the application ', the words "working', the words" to remedy the deficiencies of the application, where appropriate 'and the words "necessary for the examination of the application' are deleted, the word" interrupts' is replaced by the words "stop 'and the words' the second sentence is replaced by the words' The sentence 'The term' the period may be built only once '.
37. In the first sentence of Paragraph 20 (7), the word "acceptance 'is replaced by" full delivery' and the number "3 'is replaced by" 4'.
38. In Paragraph 20, the sentence "The Czech National Bank shall not comply with the application if the conditions set out in paragraph 9 are not met or if the information submitted by the applicant is insufficient to assess the application. '
39. In Paragraph 20 (9) of the Introductory Part of the provision, the words "from a point of view 'are replaced by the words" with a view to ensuring the proper and prudent management of the bank'.
40. in Article 20 (9) (b), the words "in the context of the acquisition of a qualifying holding" shall be replaced by the words "members" and the words "management" shall be inserted after the words "executive."
41. in Paragraph 20 (9), the words "the financial health of the applicant" and "the financial resources of the applicant" shall be replaced by the words "its financial resources."
42.In Paragraph 20 (10), the first sentence is deleted.
43. In Article 20 (12), the words "to grant only 'and the words" to grant subsequently' are inserted after the words "to grant only '.
44. in Paragraph 20 (14) (a), the word "limit" shall be replaced by "determine."
45. in Paragraph 20a (2), first sentence, "other" is replaced by "special."
46. In Article 20a, paragraphs 3 to 5 are deleted.
Paragraphs 6 to 8 shall be renumbered paragraphs 3 to 5.
47. in Article 20a, the following paragraph 6 is added:
"(6) The Bank is obliged to inform the Czech National Bank of the holding of the General Meeting at the latest on the day of its meeting."
48. In Article 20c (1), the words "bank connection 'are replaced by the words" account number or other unique identifier'.
49.Paragraph 20c (4) reads:
"(4) Paragraphs 1 to 3 shall also apply to the branch of a foreign bank and to the clearing-up within the same bank. ';
50. in Article 20d, paragraph 4 is deleted;
51.Paragraph 22 (3) reads as follows:
"(3) The Czech National Bank may require verification of the Bank's management and control system in accordance with paragraph 1 (b). (b) to forgive or limit any component thereof only. By 30 April of the relevant calendar year, the Czech National Bank shall notify the Bank that the verification of the Bank's management and control system referred to in paragraph 1 (b) is forgiven or limited by how such verification is carried out. Parts of the second and third administrative regulations shall not apply to the Czech National Bank's communication on the remission or limitation of the implementation of this verification. '
52. In Paragraph 23, the sentence "The loss reimbursement of the bank shall be completed without undue delay after the decision of the general meeting."
53. In Article 24, the following paragraph 4 is added:
"(4) The provisions of the Administrative Rules relating to the language of the case shall apply mutatis mutandis to the submission of the documents referred to in paragraphs 1 to 3; In case of doubt, the Czech National Bank may request an officially certified translation into the Czech language and subsequently."
54. in Article 25e, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) require the person subject to its supervision to maintain capital above the minimum level of own funds requirements in accordance with Article 92 of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council; Article 26 (3) shall apply mutatis mutandis. ';
55. In the title of Part Seven, the words "AND FINES 'are deleted.
56. in Paragraph 26 (1), the second sentence is deleted;
57. In Paragraph 26 (2) (a) (1), the words "and the requirements for capital reserves under this Act" shall be deleted.
58. in Paragraph 26 (2) (a) (8), "(d)" is replaced by "(a) (4)."
59.In Article 26ab (3), the second sentence is deleted.
60.In Article 26ba (1) (a), the part of the sentence after the semicolon, including the semicolon, is deleted.
61. in the last sentence of Article 26bb (4), the words "pursuant to paragraph 2" shall be inserted after the words "of nature."
62. Paragraph 26bb (5) is deleted.
63. In Article 26f, the following sentence is added at the end of paragraph 2: "Furthermore, persons who are subsidiaries pursuant to Article 4 (1) (16) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council controlling banks, foreign controlling banks, financial holding persons, mixed financial holding persons or mixed holding persons who are not also included in supervision on a consolidated basis. '
64. In Paragraph 34 (4), the word "or 'is replaced by a comma and at the end of the text of the paragraph the words" or, if there has been a serious change in the reality on the basis of which the consent has been given' are added.
65. § 35 reads:
(1) From the date on which the decision to withdraw the licence is taken, the legal person concerned may not receive deposits and credit and carry out other activities except those necessary to settle its debts and debts. Until he has settled his claims and debts, the legal person concerned shall be deemed to be a bank under this law.
(2) The Czech National Bank will publish the decision to withdraw the licence in a way that allows remote access.
(3) The Czech National Bank shall inform the banking supervisory authority of the State in which the bank has a branch of the final decision on withdrawal.
(4) A decision to withdraw a licence granted to a branch of a bank from a non-Member State shall be notified by the Czech National Bank to that branch and shall be notified by the supervisory authority of the country of the foreign bank's registered office. ';
66. the following Section 35a is inserted after Section 35 above the designation "PART OF THE ACT ':
(1) The judgment by which the court annulled the decision of the Czech National Bank to withdraw the licence is enforceable
(a) by the futile expiry of the time limit for lodging a complaint; or
(b) by the power of law of the decision rejecting, rejecting or terminating the appeal against that judgment.
(2) Paragraph 1 shall not apply where an action against a decision by the Czech National Bank to withdraw a licence has been granted suspensory effect. ';
67.Paragraph 36 (1) reads as follows:
"(1) If the bank is liquidated or the bank is removed from the commercial register, only the Czech National Bank may submit a proposal for the
(a) the appointment of a liquidator;
(b) the removal of the liquidator and the appointment of a new liquidator;
(c) the cancellation of the public limited liability company where the bank's licence has been withdrawn. ';
68. In Paragraph 36, the following paragraph 2 is inserted after paragraph 1:
"(2) The Court of First Instance shall decide on the application of the Czech National Bank pursuant to paragraph 1 without hearing, and the decision shall be published by hanging its written copy without justification on the official record of the court within 24 hours of receipt of the application. The publication of the decision gives rise to the legal effects set out in the operative part of the operative part of the statement and thus makes the statement binding on everyone; the date of publication shall be recorded on the written copy. An appeal against a decision shall not have suspensory effect. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
69. in Paragraph 36 (3), the second sentence is deleted;
70. In Paragraph 36, the following paragraph 7 is added:
"(7) The costs of the liquidator's activities shall be borne by the bank's assets. If its assets are not sufficient to pay the liquidator's remuneration and to reimburse its final expenses, they shall be paid by the State to which the bank's claim is due at the rate of the amounts paid. By decree, the Czech National Bank shall determine the method of determining the reimbursement of the final expenses and the remuneration of the liquidator, their maximum amount paid by the State and the method of payment. '
71.Paragraph 36a (6) is deleted.
Paragraph 7 shall become paragraph 6.
72.In Paragraph 36a (6) (c), "paragraphs 4 to 6" is replaced by "paragraphs 4 or 5."
73.Paragraph 36b (1) is deleted.
Paragraphs 2 to 7 shall be renumbered paragraphs 1 to 6.
74.In Article 36b (1), "3" is replaced by "4."
75. in Paragraph 36b, the following paragraph 2 is inserted after paragraph 1:
"(2) A natural person commits an offence by violating the obligation to perform the duties with the care of a proper operator as a liquidator. '
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
76. in Article 36b (7), the following point (a) is inserted:
"(a) 1 000 000 CZK if it is an offence pursuant to paragraph 2,"
Points (a) and (b) shall be renumbered points (b) and (c).
77.In Article 36b (7) (c), "up to 3 or paragraphs" is replaced by "3 or";
78.In Article 36c (1), the word "or" shall be added at the end of point (f).
79.In Article 36c (1), the word "or" shall be replaced by a dot and paragraph (h) shall be deleted at the end of point (g).
80. In Paragraph 36c, paragraphs 4 to 6 are deleted.
Paragraphs 7 to 9 shall be renumbered paragraphs 4 to 6.
81. in Paragraph 36c, the following paragraph 4 is inserted after paragraph 3:
"(4) A legal person or an operating natural person shall commit an offence by violating the obligation to perform the duties with the care of a proper operator as a liquidator. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
82. in Article 36c (7), the following point (a) is inserted:
"(a) 1 000 000 CZK, if it is an offence pursuant to paragraph 4,"
Points (a) to (f) shall be renumbered (b) to (g).
83.In Article 36c (7) (c), the words' and 4 'are deleted.
84. in Article 36c (7) (d), the words "(h), (3), (5), (6) or (7)" shall be replaced by "or (3) or (5)."
85. in Article 36c (7) (f) and (g), "8" is replaced by "6."
86. In Article 36d (1), the introductory part of the provision reads: "A financial holding person or a mixed financial holding person commits an offence by the fact that."
87.In Paragraph 36e (1) (c):
"(c) he shall engage in activities within the territory of the host State where:
1. is informed by the first supervisory authority of the home State in accordance with Paragraph 5g (2) of the first sentence that its notification has not been transmitted to the supervisory authority of the host State; or
2. The period of 2 months referred to in § 5h (2) shall not elapse unless it receives information pursuant to § 5h (1), '.
88. In Paragraph 36e (1) (g), "3" is replaced by "2."
89. In Paragraph 36e (1), the word "or" shall be deleted at the end of (m).
90. In Article 36e, at the end of paragraph 1, the dot is replaced by "or 'and the following point (o) is added:
"(o) he shall not engage with professional care in accordance with § 12 (3) or § 19a (1)."
91. in Article 36e (2) (m), the words "17 or" shall be inserted after the words "paragraph."
92.In Article 36e (4), point (a) is deleted.
Points (b) to (k) shall be renumbered as points (a) to (j).
93.In Article 36e (4), the following point (h) is inserted after point (g):
"(h) contrary to § 23 (2)
1. does not, when the accounts for the relevant period are cleared, decide on the payment of the reported loss from own resources; or
2. they shall not repay the loss without undue delay after the decision of the General Meeting, '.
Points (h) to (j) shall be renumbered (i) to (k).
94.In Article 36e (5), the following point (c) is inserted after point (b):
"(c) infringes the obligation to keep bank secrets pursuant to Paragraph 38;"
Points (c) to (k) shall be renumbered as points (d) to (l).
95.In Paragraph 36e (5) (k), the word 'or' shall be deleted.
96. In Paragraph 36e, at the end of paragraph 5, the dot is replaced by "or 'and the following point (m) is added:
"(m) does not inform the client in accordance with § 16 (8) or § 41s (1) or inform the client in accordance with § 16 (8) without following the procedure for publication of the notice in accordance with § 16 (10)."
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Regulation Information
| Citation | Act No. 338 / 2020 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto, and supplementing Act No. 586 / 1992 Coll., on Income Taxes, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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