Order of the Czech National Bank No. 37 / 1994 Coll.
Order of the Czech National Bank laying down the procedure for receiving and handling money and providing compensation for incomplete and damaged banknotes and coins
Valid
Effective from 01.03.1994
37
DECLARATION
Czech National Banks
of 21 February 1994
laying down the procedure for the receipt and handling of money and the granting of refunds on incomplete and damaged banknotes and coins
Czech National Bank pursuant to § 22 (b) and (c) of the Act of the Czech National Council No. 6 / 1993 Coll., on the Czech National Bank, states:
Receipt of legal money
(1) Legal money1) the Czech National Bank, Bankno2) and other legal persons and natural persons receive as follows:
(a) valid Czech banknotes (hereinafter referred to as "banknotes") shall be accepted by legal and natural persons without restriction;
(b) valid Czech coins including commemorative and valid Czechoslovak coins (hereinafter referred to as "coins") are accepted without restriction by the Czech National Bank and the banks; other legal persons and natural persons may refuse admission
1. coins over 10 pieces of the same denomination;
2. coins above the total amount of 100 CZK for coins up to the nominal value of 10 CZK including and above the total amount of 500 CZK for coins of higher denominations,
3. valid Czech commemorative coins,
4. valid Czechoslovak commemorative coins.
(2) Legal persons shall also receive legal circulated money if they are paid for and are whole and whole. Under the same conditions, the Czech National Bank and the banks receive legal money damaged other than in circulation ("damaged legal money '). During worn and damaged legal money shall not be put back into circulation. Natural persons may refuse admission by circulation of worn or damaged legal money.
(3) All legal money shall be considered as all legal money which is not missing any part of it, as whole legal money shall be deemed to constitute a coherent and intact whole.
(1) Unless otherwise provided for by an agreement between the payer and the payee of legal money, the payee shall assume responsibility for their correct number and authenticity. However, the beneficiary must be able to check the correct number and authenticity of legal money.
(2) Where banknotes or coins presented as legal money are falsified or altered or where such suspicion arises, natural persons may refuse to accept them. Legal persons shall withdraw such banknotes or coins without refund.4)
(3) The withdrawal of the banknotes or coins referred to in paragraph 2 shall be accompanied by a certificate from the legal entities to the person who submitted them (hereinafter referred to as the "petitioner") which shall include:
(a) details of the person submitting the data, namely:
1. the name, surname, birth number and, where applicable, date of birth and nationality, the name and identification number of the legal person;
2. address of permanent or temporary residence, 5) permanent, long-term or short-term residence (6) of the author in the Czech Republic, with the legal person his registered office; where the petitioner does not have a permanent, temporary, long-term or short-term residence, or a registered office, or where it can reasonably be expected that his residence in the Czech Republic will be terminated before the suspected or suspected falsification or alteration of banknotes or coins has been confirmed or ruled out, the address of the permanent residence or, where applicable, the address of the petitioner abroad;
(b) the type and number of the document by which the identity of the supplier has been established;
(c) the type and denomination of the banknote and its series, and the number or denomination and the number of coins produced, the number of pieces of each type and the denominations of the banknotes or coins and their total denomination;
(d) the date of withdrawal of banknotes or coins and the name and registered office of the legal person who removed them;
(e) the signatory's signature.
(4) At the request of the petitioner, a bank connection in the territory of the Czech Republic shall be indicated on the confirmation of the withdrawal of banknotes or coins from the Czech currency, where the countervalue of the banknotes or coins collected can be shown if they are proved to be genuine. At the request of a petitioner who does not have a permanent, temporary, long-term or short-term residence, or a registered office, or who assumes that his or her stay will end before the suspicion of falsification or alteration of banknotes or coins is confirmed or ruled out, the name, surname and address of the person may appear on the certificate, and, in the case of a legal person, his or her name and registered office, which empowers such banknotes or coins to be taken over the territory of the Czech Republic, and, where appropriate, the bank connections of the person so authorised.
(5) The model of the banknote or coin withdrawal certificate is set out in the Annex to this Order.
(6) The banknotes or coins collected shall be placed by legal persons together with a copy of the acknowledgement of their removal in the presence of the petitioner in an envelope or other appropriate packaging which shall be secured before unauthorised opening of the adhesive tape. The presenter shall confirm his presence when the banknotes or coins are placed in the packaging with hand-held signatures through adhesive tape; the person who took the banknotes or coins shall also make his signatures through the adhesive tape. The banknotes or coins thus deposited will be sent to the Czech National Bank's headquarters in Prague for expert assessment.
(7) If the petitioner is not known, refuses to provide any of the required data or confirm his or her presence when the banknotes or coins are placed in the package, this shall be indicated on the banknote or coin removal certificate.
(8) Withdrawal of the banknotes or coins referred to in paragraph 2 shall be notified without delay by the legal person who has withdrawn them to the authorities of the police or the public prosecutor.
(9) If the expert assessment shows that the banknotes or coins collected have been falsified or altered, the Czech National Bank shall send a notification of the outcome of the expert assessment to the legal person who removed the banknotes or coins. The subscriber shall be informed by the legal person who has taken the banknotes or coins at his request.
(10) If the Czech National Bank finds that the banknotes or coins collected are genuine, it shall immediately return them to the sender or, where appropriate, to the person authorised in the Czech Republic to take over them. The result of the expert assessment shall be notified by the Czech National Bank to the legal person who has withdrawn the banknotes or coins. If, in the acknowledgement of the withdrawal of banknotes or coins, data on the person of the petitioner are missing or incomplete and therefore cannot be returned to him, the Czech National Bank shall immediately inform the legal person who withdrew them. If, within 30 days of the date of notification, the legal person who took the banknotes or coins does not specify the data of the sender or any other way of detecting such data, the consideration of the banknotes or coins collected shall be deposited in a special account held with the Czech National Bank. The consideration of the banknotes or coins collected shall be paid to the sender at his request.
Where counterfeit or altered banknotes or coins of a foreign currency are found or are suspected, (4) they shall be treated mutatis mutandis in accordance with § 2 (2) to (10). In the case where it is necessary to deposit banknotes or coins of foreign currency into a special account in accordance with Paragraph 2 (10), their nominal value shall be converted into Czech currency according to the central rate declared by the Czech National Bank. If the petitioner exercises the right to return banknotes or coins, its consideration shall be reimbursed in the currency to which the banknotes or coins were taken.
Exchange of legal money and invalid banknotes and coins
(1) The exchange of the legal money of certain denominations for the legal money of other denominations and the exchange of valid commemorative coins for other legal money is carried out by the Czech National Bank and the banks carrying out treasury operations free of charge, unless otherwise specified.
(2) The exchange of invalid banknotes and coins is carried out by the Czech National Bank7 at a time specified by the legislation) The Czech National Bank and the banks carrying out treasury operations free of charge, unless otherwise specified.
(3) If the banknotes and coins submitted for exchange pursuant to paragraphs 1 and 2 are not sorted and, where appropriate, packed in accordance with § 5 (1) and (2) of this Order, a remuneration may be required for the provision of the monetary service. A remuneration may be required for the exchange of banknotes and coins referred to in paragraph 1 even if more than one number of banknotes or coins or, where appropriate, more than one denomination is required for the exchange of banknotes or coins.
Packaging of legal money
(1) When transferring legal money between legal persons and between legal and natural persons, the payer shall classify legal money according to their individual denominations. Banknotes of the same value are placed by the payer in packages of 100 pieces each. Banknotes are placed in packages with a smooth design and compared by side and direction of printing. Ten full packages of the same denomination are a bunch of banknotes. Coins of the same denomination are inserted by the payer in 100 pieces in bags or packed in 50 pieces in scrolls. An agreement between the payer and the payee may specify a different number of coins in sacks or coils.
(2) The bands bearing the packages of banknotes and the coin bags or rolls shall be marked with the number of pieces inserted, their nominal value and the aggregate amount; where the payer is a legal person, the name and registered office shall also be indicated. If a legal person or entrepreneur presents an exchange, (8) even if he is not a legal person, banknotes or coins of more than two denominations, they shall be accompanied by a listing indicating the number of pieces of each denomination of banknotes or coins.
(3) Where legal money is transferred separately from legal persons in the course of the transfer of legal money in circulation or damaged, packages of worn-out banknotes and bags or scrolls of worn-out coins shall be marked with the text "Unauthorised Money 'or the capital marked" N'. Damaged legal money, if whole, is inserted into packages, bags or scrolls of legal money worn in circulation.
Provision of compensation for incomplete and damaged banknotes and coins
(1) Damaged banknotes and coins issued by the Czech National Bank, where there is no doubt about the nominal value, are exchanged by the Czech National Bank and the banks carrying out cash operations. Banknotes, if they are whole and are not composed of more than two parts where there is no doubt that they belong together, and damaged whole coins are exchanged in full nominal value without any precipitation. Damaged banknotes are also exchanged in full nominal value if they are whole, for which only part of the unprinted white margin is missing.
(2) Only damaged banknotes and coins with no doubt of authenticity shall be exchanged. If the bank is in doubt about the authenticity of banknotes or coins, paragraphs 2, 3, 4, 6, 7 and 8 shall apply mutatis mutandis.
(3) The exchange of banknotes or coins whose pattern or relief is illegible, deformed or perforated may be refused by the banks. Such banknotes or coins are taken without refund and sent to the Czech National Bank for destruction. 9) They shall issue a confirmation to the sender of the withdrawal of banknotes or coins.
(4) If the banknotes which have been described, painted, reprinted, printed, perforated or which have been anointed with paint, glue or other similar material are removed without refund, 10) a certificate of withdrawal shall be issued to the payer and sent to the Czech National Bank for consideration.
(1) The Czech National Bank and the banks carrying out cash operations according to the size of the damaged banknote are to be granted compensation for less than and equal to two parts of the banknotes. Where a banknote, or the remainder thereof, is presented for the calculation of the refund, consisting of several parts, shall be considered as a whole only if there is no doubt that the individual parts belong together, for example by series and serial number, according to the shape at the points of rupture; in doubt, each part submitted shall be assessed separately.
(2) The size of the banknote area is determined by the grids which divide the banknote area by the same number of vertical and horizontal lines into 100 equal fields. The area of the rest of the banknote shall include fields which are covered by the rest of the banknote by more than half.
(3) The refund is granted at the rate of:
(a) the denomination of the banknote if the whole or the remainder submitted is more than three quarters of the original area of the banknote;
(b) one half of the denomination of the banknote, if the remainder is half to three quarters of the original area of the banknote submitted;
(c) one quarter of the denomination of the banknote if the remainder is at least a quarter and less than half of the original area of the banknote submitted.
(4) No refund shall be granted for the remainder of the banknote less than a quarter of the original area.
(1) Less than one coin shall be reimbursed only if the coins are:
(a) which, as a result of the technology of their production, may be separated by external and medium-sized parts;
(b) which are split lengthwise in the edge to the side of the face and to the side of the reverse.
(2) The refund on the coins referred to in paragraph 1 (a) shall be granted at the nominal value of the coin when all parts of the coin or at least that part whose diameter corresponds to the total diameter of the coin are presented. No refund shall be granted for the medium part of the coin submitted separately.
(3) The refund on the coins referred to in paragraph 1 (b) shall be granted at the nominal value of the coin on presentation of both parts of the split coin. When submitting only one part of the split coin, a refund equal to half of the coin's nominal value shall be granted.
(1) The damaged banknotes and coins for which compensation has been granted shall be sent by the banks no later than one month after this refund has been granted to the Czech National Bank, which shall pay the amounts granted to them. The Czech National Bank of the Bank regularly informs which organization of the Czech National Bank is being sent to damaged banknotes and coins.
(2) On the basis of a written agreement with the Czech National Bank, a legal person other than the bank may provide compensation for damaged banknotes and coins referred to in § 7 (1) and § 8.
(1) Damaged banknotes or coins which, due to the nature of their damage, could not be exchanged in accordance with Paragraph 6 (1) and banknotes for which, for the same reasons, it was not possible to measure the refund in accordance with § 7 (1) to (3), for example for charred, greased or split banknotes, may be sent by legal or natural persons to the Czech National Bank with an application for consideration and reimbursement. The application shall indicate how the damage occurred and the consignment shall be marked with the text "Damaged money '.
(2) The Czech National Bank may also be required to receive a refund by legal or natural persons who have received banknotes in accordance with § 6 (3) or (4) without refund. The application for a refund shall indicate how the banknote has been damaged.
(3) In the cases referred to in paragraphs 1 and 2, the Czech National Bank may grant compensation to be assessed in a different manner and at a different amount than that referred to in § 7 (1) to (4). The refund thus granted may not be lower than the refund calculated in accordance with Paragraph 7 (3).
(1) In the case where the exchanged damaged banknotes or coins or the compensation granted for damaged banknotes or coins are sent by mail to the applicant, the cost of payment of the postage shall be deducted from the amount sent.
(2) The Czech National Bank, banks and legal persons who have entered into a written agreement with the Czech National Bank pursuant to § 9 (2) shall be entitled to a remuneration for the provision of the money service for measuring compensation for damaged banknotes or coins. The remuneration shall be deducted from the compensation granted for damaged banknotes or coins.
(3) The Czech National Bank may request reimbursement of the costs incurred in the production of new banknotes or coins in a quantity corresponding to the number of banknotes or coins for which the refund has been granted. The reimbursement of costs shall be deducted from the compensation provided for damaged banknotes or coins, as appropriate.
Repeal
The Order of the State Bank of Czechoslovakia No. 147 / 1992 Coll., laying down the procedure for receiving and handling legal money and providing compensation for incomplete and damaged banknotes and coins, is hereby repealed.
Efficacy
This Decree shall take effect on 1 March 1994.
Governor:
Ing. Tošovský v. r.
Annex to Decree No 37 / 1994 Coll.
1) § 16 of the ČNR Act No. 6 / 1993 Coll., on the Czech National Bank.
2) Act No. 21 / 1992 Coll., on Banks, as amended.
3) Paragraph 1 (2) of Act No. 60 / 1993 Coll., on the separation of currency.
4) § 21 of ČNR Act No. 6 / 1993 Coll.
5) Act No. 135 / 1982 Coll., on the reporting and registration of residents.
6) Act No. 123 / 1992 Coll., on the residence of foreigners in the territory of the Czech and Slovak Federal Republic.
7) § 22 (d) of the ČNR Act No. 6 / 1993 Coll.
8) Paragraph 2 (2) of Act No. 513 / 1991 Coll., Commercial Code, as amended.
9) § 17 (2) of the ČNR Act No. 6 / 1993 Coll.
10) Paragraph 17 (3) of the ČNR Act No. 6 / 1993 Coll.
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Regulation Information
| Citation | Order of the Czech National Bank No. 37 / 1994 Coll., laying down the procedure for receiving and handling money and providing compensation for incomplete and damaged banknotes and coins |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.03.1994 |
|---|---|
| Effective from | 01.03.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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