Act No. 35 / 2025 Coll.
Law amending certain laws in connection with the adoption of the National Development Bank Act
Valid
Effective from 19.02.2025
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
Čl. VIII
ČÁST SEDMÁ
Čl. IX
Čl. X
ČÁST OSMÁ
Čl. XI
Čl. XII
ČÁST DEVÁTÁ
Čl. XIII
Čl. XIV
ČÁST DESÁTÁ
Čl. XV
Čl. XVI
ČÁST JEDENÁCTÁ
Čl. XVII
Čl. XVIII
ČÁST DVANÁCTÁ
Čl. XIX
ČÁST TŘINÁCTÁ
Čl. XX
ČÁST ČTRNÁCTÁ
Čl. XXI
35
THE LAW
of 22 January 2025
amending certain laws in connection with the adoption of the National Development Bank Act
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, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, Act No. 2011, Act No. 100, No. 2011, No. 2011, Act No. 2011, No. 2011,
1. in footnote 1, fifth sentence, the words "and (EU) 2022 / 2556 'are replaced by the words", (EU) 2022 / 2556 and (EU) 2024 / 1619';
2. In Article 1, the following paragraph 10 is added:
"(10) In addition to this law, certain rights and obligations concerning the activities of the National Development Bank, a.s. provide for a law governing the activities of the National Development Bank, a.s. '.
Amendment of the Act on Insurance and Export Financing with State Aid
Act No. 58 / 1995 Coll., on Insurance and Financing of Exports with State Aid, as amended by Act No. 60 / 1998 Coll., Act No. 188 / 1999 Coll., Act No. 282 / 2002 Coll., Act No. 377 / 2005 Coll., Act No. 23 / 2006 Coll., Act No. 293 / 2009 Coll., Act No. 230 / 2013 Coll., Act No. 220 / 2015 Coll., Act No. 371 / 2017 Coll., Act No. 171 / 2018 Coll., Act No. 214 / 2020 Coll. and Act No. 363 / 2022 Coll., are amended as follows:
1. In Section 2, at the end of the text in point (e), the words "or receives services or supplies of goods under an export contract 'are added.
2. in § 2 (cc), the words "for use outside the Czech Republic" shall be deleted;
3. in Article 2 (nn):
"(nn) Export oriented undertaking
1. a person established in the territory of the Czech Republic who is an entrepreneur under the Civil Code or a foreign company with an export share of at least 25% of the total annual sales of products, services and goods during the last financial year; or
2. a person established in the territory of the Czech Republic who is an entrepreneur under the Civil Code or a foreign company if he is with the person referred to in point 1 of this point in an economically linked group of clients pursuant to Article 4 (1) (39) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council and supplies him with goods or services for export. ';
4. In Article 2, at the end of point (nn), the dot is replaced by a comma and the following point (oo) is added:
"(oo) by insurance of export credit risks with a national interest in insurance of export credit risks referred to in § 1 (2), the provision of which is of strategic importance for the Czech Republic and for the export insurance company would mean, when providing export credit risk insurance under § 4, exceeding the limits on the concentration of risks and other limits on the extent of the risks which it is required to determine and comply with within the conditions laid down for the operation of insurance and reinsurance activities and which are subject to supervision by the Czech National Bank."
5. In the second sentence of Paragraph 4 (1), the words "which exercise its shareholder rights through ministries' shall be deleted.
6. in Article 4 (2) (b) and (c):
"(b) legal persons for the purpose of recovering claims or preventing damage from insurance of export credit risks or mitigating their consequences;
(c) legal persons whose business is insurance and reinsurance business in the non-life insurance sector, namely insurance of credit, guarantees and financial losses under the law governing insurance, with the exception of insurance of export credit risks under this law. "
7. In Paragraph 4, the following paragraph 3 is inserted after paragraph 2:
"(3) The establishment of a legal person under paragraph 2 (b) and (c) or the acquisition of a holding shall require the prior approval of the Ministry of Finance. The Export Insurance Corporation shall indicate in the request for consent the facts justifying the establishment of the legal person or the acquisition of a holding in that legal person. The Ministry of Finance may, upon receipt of the opinion of the Ministry of Industry and Trade, grant the request. This legal person shall not be subject to State aid for exports under this Act. ';
Paragraphs 3 to 8 shall be renumbered paragraphs 4 to 9.
8. In the last sentence of Article 4 (7), the word "export 'shall be inserted after the word" individual' and the following sentence shall be added at the end of the text of the paragraph: "Individual export credit risks with a State interest may be insured by the Export Insurance Corporation only with the Government's consent that the aggregate amount of insured export credit risks with a State interest shall not exceed 10% of the insurance capacity determined for the year referred to in paragraph 6 '.
9. In Paragraph 4, the following paragraph 8 is inserted after paragraph 7:
"(8) The provision of insurance of export credit risks with a State interest pursuant to § 2 (oo), including the liquidation of insurance claims, provides for the State and on its behalf an export insurance company. The State, through the Ministry of Finance, pays the costs and losses of the Export Insurance Corporation associated with the provision of this insurance and the Export Insurance Corporation pays to the Ministry of Finance the premiums paid in accordance with the international rules on State export support provided by the form of export credit risk insurance after deduction of the percentage of the insurance premiums to cover the costs of the Export Insurance Corporation's insurance management. The application for insurance of export credit risks with a State interest shall be submitted by the applicant for insurance through an export insurance undertaking. The Ministry of Finance shall, by way of a decree, determine the nature of the application for insurance of export credit risks with a State interest, the procedure for the conclusion and administration of such insurance, the percentage of the insurance premiums payable by the Export Insurance Corporation for the management of insurance and the particulars of the application by the Export Insurance Corporation for the reimbursement of losses associated with the provision of export credit risk insurance with the State interest, the nature of such losses, as well as the deadline for reimbursement by the Ministry of Finance of such losses. '
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
10.Paragraph 4 (9) reads as follows:
"(9) The Ministry of Finance shall, by means of a decree, determine how funds are to be created for the insurance of export credit risks referred to in paragraph 4. The Government Regulation lays down the arrangements for the creation of a fund to cover the guarantee commitments referred to in paragraph 4 and the ratio between that fund and the total guarantee commitments. ';
11. in Article 4 (10) (a):
"(a) details of the Export Insurance Corporation, in particular its capital, changes in the composition of the Board of Directors and the Supervisory Board, as well as the balance sheet of the Export Insurance Company,"
12. in Article 4, paragraphs 11 and 12 are added:
"(11) Upon receipt of an application from an Export Insurance Corporation for a subsidy from the State Budget, the Ministry of Finance is entitled to carry out a check on the accuracy of the determination of the amount of the subsidy with the Export Insurance Corporation. In order to carry out the check, the Export Insurance Corporation shall, at the request of the Ministry of Finance, submit data and documents relating to the subject matter of the check, including information on the insurance contract, and, where appropriate, allow the Ministry of Finance access to such documents kept only in electronic form, as well as to provide the Ministry of Finance with the necessary synergies when carrying out the check.
(12) The Export Insurance Corporation will finance the subsidy granted from the State Budget under the Budget Rules Act and within the deadline set by the Ministry of Finance Decree. "
13. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) The requirements of the application for insurance of export credit risks with a standing interest are laid down in the Order of the Ministry of Finance in accordance with Section 4 (8). '
Paragraph 4 shall become paragraph 5.
14. In Paragraph 6 (1), the second and third sentences are replaced by "Only a State or a legal person with 100% direct or indirect participation by the State may be a shareholder of an export bank."
15. in Paragraph 6 (3) of the introductory part of the provision, the words "have a holding" shall be replaced by the words "establish legal persons or acquire shares."
16. in Article 6 (3) (a), the words "legal persons whose" are replaced by the words "legal persons whose."
17. in Article 6 (3) (b):
"(b) legal persons in order to ensure the enforceability of claims on the supported financing or the execution of an activity aimed at preventing or mitigating damage;"
18. in Article 6 (3) (c), the part of the sentence after the semicolon, including the semicolon, is deleted;
19. In Article 6, the following paragraph 4 is inserted after paragraph 3:
"(4) The establishment of or acquisition of a legal person pursuant to paragraph 3 shall require the prior consent of the Ministry of Finance. The export bank shall indicate in the request for consent the facts justifying the establishment of the legal person or the acquisition of a holding in that legal person. The Ministry of Finance may, upon receipt of the opinion of the Ministry of Industry and Trade, grant the request. This legal person shall not be subject to State aid for exports under this Act. ';
Paragraphs 4 to 11 shall be renumbered paragraphs 5 to 12.
20. in Article 6 (7), "7" is replaced by "8."
21. in Article 6 (11) (a):
"(a) details of the export bank, in particular the amount of its capital, changes in the composition of the shareholder structure, changes in the composition of the board of directors and supervisory board, as well as the balance sheet of the export bank,";
22. in Article 7b (1) (c), the words "or the opinion of the Export Insurance Corporation that export credit risks are sufficiently secured without insurance by the Export Insurance Corporation" shall be inserted after the word "insurance company";
23. in Paragraph 7b (2):
"(2) The function of the payment and settlement agent of the system for matching interest differences is provided by the export bank. The Ministry of Finance shall provide the Export Bank with funds from the State Budget at a frequency of no more than twice a year in the form of advances at the request of the Export Bank for an advance on the balance of interest differences. The export insurance company shall provide the export bank with the necessary data to complete the request for an advance payment to offset interest differences. The Export Bank shall account for the advances received on the last day of the calendar year in which the advances were received and send the accounts made to the Ministry of Finance by 31 January of the following calendar year. The Ministry of Finance shall notify the Export Bank within 30 days of receipt of this bill of funds which the Export Bank is required to transfer within 5 working days of receipt of the notification to the Ministry of Finance. The amount referred to in the fifth sentence shall be the revenue of the State budget. ';
Amendment of the budgetary rules law
Act No. 100 / 2009, 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. 2011, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 100 / 2011, No 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, No 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No.
1. In § 3 (h), the words ", the accounts of the National Development Bank, a.s., intended to receive the funds provided from the State Budget, and other funds that the National Development Bank, a.s., transfers to them or receives them 'are added at the end of the text of point 17.
2. in Paragraph 14 (3) (e), the words "or repayable financial assistance" shall be inserted after the word "subsidy" and at the end of the letter the dot shall be replaced by a comma and the following points 4 and 5 shall be added:
"4. a declaration by the applicant for a subsidy or a repayable financial assistance that his beneficial owner is not a citizen of the State or is not resident in the State or jurisdiction listed in the Union list of non-cooperating jurisdictions in the tax area approved by the Council of the European Union; The Ministry of Finance shall publish in the Financial Rapporteur which States are listed in this list,
5. a declaration by the applicant for a subsidy or a repayable financial assistance, for which there is a structure of relations under the law governing the registration of beneficial owners in which foreign legal persons or foreign legal arrangements act that legal persons or legal arrangements do not reside in the structure of relationships or, in the case of legal arrangements, are not managed in the State or jurisdiction listed in point 4; ';
3. In Paragraph 14j, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) the residence or citizenship of the beneficial owner of the applicant for the grant or repayable financial assistance or the registered office of a legal person or the place of administration of the legal arrangement which is represented in his structure of relations under the law governing the registration of beneficial owners shall be in the State or jurisdiction listed in the Union list of non-cooperating jurisdictions in the tax area approved by the Council of the European Union."
4. In Paragraph 48 (8), the second sentence is deleted.
5. In Paragraph 60, the second sentence is deleted.
Transitional provisions
1. Paragraph 14 (3) (e) and Paragraph 14j (4) of Act No. 218 / 2000 Coll., as effective from the date of entry into force of this Act, shall apply to applications for grants or repayable financial assistance made following a call for a grant or repayable financial assistance published from the date of entry into force of this Act.
2. The funds held in the account of the fund of cultural and social needs before the date of entry into force of this Act shall be used in accordance with Act No. 218 / 2000 Coll., as effective from the date of entry into force of this Act.
Amendment of the SME Support Act
In Article 5 (2) (b) of Act No. 47 / 2002 Coll., on the promotion of small and medium-sized enterprises and amending Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended, the words "Českomorava Guarantee and Development Bank, a. s. 'are replaced by the words" National Development Bank, a.s.'.
Amendment to the Financial Market Recovery and Resolution Act
In Article 2 (1) of Act No. 374 / 2015 Coll., on Financial Market Recovery and Resolution, as amended by Act No. 96 / 2022 Coll., the words "; institutions are not entities referred to in Article 2 (5) of Directive 2013 / 36 / EU 'are added at the end of the text in point (b).
Amendment of the State Enterprise Act
In Article 23 of Act No. 77 / 1997 Coll., on a State Company, as amended by Act No. 349 / 2023 Coll., paragraph 3 is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
Transitional provision
The funds held in the account of the fund of cultural and social needs before the date of entry into force of this Act shall be used in accordance with Act No. 77 / 1997 Coll., as effective from the date of entry into force of this Act.
Amendment of the Higher Education Act
In Article 18 (12) of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act No. 342 / 2005 Coll., Act No. 552 / 2005 Coll., Act No. 624 / 2006 Coll., Act No. 110 / 2009 Coll., Act No. 137 / 2016 Coll., Act No. 24 / 2017 Coll. and Act No. 349 / 2023 Coll., the last sentence is deleted.
Transitional provision
The funds held on the Social Fund account before the date of entry into force of this Act shall be used in accordance with Act No. 111 / 1998 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on the budgetary rules of the territorial budgets
In Article 33 (1) of Act No. 250 / 2000 Coll., on the budgetary rules of territorial budgets, as amended by Act No. 306 / 2008 Coll., Act No. 349 / 2023 Coll. and Act No. 418 / 2023 Coll., the last sentence is deleted.
Transitional provision
The funds held in the account of the Fund of Cultural and Social Needs before the date of entry into force of this Act shall be used in accordance with Act No. 250 / 2000 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on public limited liability company ČD and state organization Railway Administration
In Article 11 (2) of Act No. 77 / 2002 Coll., on the public limited company České dráhy, state organization Railway Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended by Act No. 293 / 2004 Coll., Act No. 349 / 2023 Coll. and Act No. 464 / 2023 Coll., the last sentence is deleted.
Transitional provision
The funds held on the Social Fund account before the date of entry into force of this Act shall be used in accordance with Act No. 77 / 2002 Coll., as effective from the date of entry into force of this Act.
Amendment of the Education Act
In Article 138 (1) of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 306 / 2008 Coll., Act No. 427 / 2010 Coll., Act No. 183 / 2023 Coll., Act No. 349 / 2023 Coll. and Act No. 421 / 2023 Coll., the last sentence is deleted.
Transitional provision
The funds held in the account of the fund of cultural and social needs before the date of entry into force of this Act shall be used in accordance with Act No. 561 / 2004 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on Public Research Institutions
In Article 27 (1) of Act No. 341 / 2005 Coll., on Public Research Institutions, as amended by Act No. 110 / 2009 Coll., Act No. 277 / 2019 Coll. and Act No. 349 / 2023 Coll., the second sentence is deleted.
Transitional provision
The funds held in the Social Fund account before the date of entry into force of this Act shall be used in accordance with Act No. 341 / 2005 Coll., as effective from the date of entry into force of this Act.
Amendment of the Regional Development Support Act
In Article 19 of Act No. 248 / 2000 Coll., on the promotion of regional development, as amended by Act No. 186 / 2006 Coll., paragraph 4 is added, including footnotes No 16 and 21:
"(4) The provisional period for the initiation of proceedings for the prosecution of an irregularity under the directly applicable European Union21 shall be 6 years from the time when the irregularity was committed under the directly applicable European Union16).
16) Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council. Regulation (EU) 2016 / 1060 of the European Parliament and of the Council of 24 June 2021 on common provisions for the European Regional Development Fund, the European Social Fund plus, the Cohesion Fund, the Fair Transformation Fund and the European Maritime, Fisheries and Aquaculture Fund and on the financial rules for those funds and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for financial support for border management and visa policy.
21) Article 3 (1) of Council Regulation (EC, Euratom) No 2988 / 95 of 18 December 1995 on the protection of the European Communities' financial interests. "
Amendment of nomination law
In Article 14 of Act No 353 / 2019 Coll., on the selection of persons to management and supervisory bodies of legal persons with the State's ownership (nomination law), the following paragraph 3 is added:
"(3) The statutes may provide for the prohibition of competition provided for in paragraph 2 (b). (b) by way of derogation, if it is a member of a statutory or supervisory body of a commercial corporation in which the Czech Republic has direct or indirect holdings. ';
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
Čl. VIII
ČÁST SEDMÁ
Čl. IX
Čl. X
ČÁST OSMÁ
Čl. XI
Čl. XII
ČÁST DEVÁTÁ
Čl. XIII
Čl. XIV
ČÁST DESÁTÁ
Čl. XV
Čl. XVI
ČÁST JEDENÁCTÁ
Čl. XVII
Čl. XVIII
ČÁST DVANÁCTÁ
Čl. XIX
ČÁST TŘINÁCTÁ
Čl. XX
ČÁST ČTRNÁCTÁ
Čl. XXI
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Regulation Information
| Citation | Act No. 35 / 2025 Coll., amending certain laws in connection with the adoption of the Act on the National Development Bank |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.2025 |
|---|---|
| Effective from | 19.02.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 700
The regulation text is for informational purposes only.
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