Decree No. 381 / 2016 Coll.
Order on applications, notifications and submission of statements under the Consumer Credit Act
Valid
Order
Effective from 01.12.2016
381
DECLARATION
of 16 November 2016
on applications, notifications and submission of statements under the Consumer Credit Act
The Czech National Bank provides pursuant to § 160 of Act No. 257 / 2016 Coll., on consumer credit for the implementation of § 11 (5), § 12 (3), § 13 (3), § 14 (3), § 19 (4), § 20 (3), § 22 (3), § 30 (4), § 32 (6), § 33 (4), § 40 (4), § 42 (5), § 43 (4), § 59 (5), § 64 (4), § 65 (4), § 66 (2) and § 68 (4):
Subject matter
(1) This decree is governed by the Consumer Credit Act
(a) details of applications for award
1. authorisation to operate a non-bank consumer credit provider;
2. authorisation to act as a separate intermediary;
3. accreditation for the organisation of a professional examination, modification of the accreditation granted and extension of that accreditation;
(b) details of the particulars of the notification
1. for the purposes of the registration of the tied agent and consumer credit intermediary in the register;
2. extending the activity of the tied agent and consumer credit intermediary;
3. the termination of the activity of the tied agent and the tied consumer credit intermediary;
(c) particulars of the notification
1. on the cessation of activities of a non-bank consumer credit provider and a separate intermediary,
2. changes to the data on the accredited person;
(d) further details of the notification of the change to the data entered in the register and other data relating to the activities of the non-bank consumer credit provider, the independent intermediary, the tied agent and the tied consumer credit intermediary.
(2) This decree further regulates
(a) formats and other technical details of applications and notifications;
(b) the method of payment of the administrative fee for the renewal of the authorisation;
(c) the rules, form and manner of submission of the annual activity report of the non-bank consumer credit provider.
Definition of terms
For the purposes of this decree:
(a) evidence of integrity of the document referred to in Article 163 of the Consumer Credit Act, a declaration by the applicant of the incapacity of the natural person, unless that person is the subject of the data kept in the population base register, a declaration containing information on the measure of the extract from the Register of Punishments, and data and evidence of existing activities of the natural or legal person over the last 10 years, in particular on:
1. the imposition of penalties for an offence or administrative offence relating to the performance of an employment, function or business activity;
2. a decision to default or reject an insolvency application for a lack of assets;
3. suspension or withdrawal of an authorisation for business or other activity, unless it has taken place at the request of a person holding such an authorisation;
4. refusal of the consent of a court or administrative authority to choose, appoint or make provision for a post or to acquire or increase a qualifying holding, or to control a person if such consent has been required; and
5. exclusion from the professional chamber, association or association of persons working in the financial market;
(b) financial statements
1. the annual reports and accounts for the last 3 financial years or for the period during which the person carries out the business if that period is less than 3 financial years; where the person is part of the consolidation unit, also consolidated annual reports and financial statements for the same period; if, under the Accounting Act, the accounts are to be audited by the auditor, the accounts shall be presented by the auditor;
2. evidence of income for the last 3 years, assets and debts, in the case of a natural person,
(c) the business plan actually envisaged by the business plan of the applicant for the first three financial years, drawn up in the format of the accounts reports under the Accounting Act (1), supported by real economic calculations, together with a comment which contains:
1. the applicant's intentions in terms of the size and volume of the consumer credit provided and a description of the intended way of achieving them and the characteristics of the applicant's target group and business network;
2. the basis and assumptions on which the plan is based and the justification for the consistency of the quantitative data of the plan and the reality of the planned results of the activity.
Non-banking consumer credit provider
The details of the application for authorisation to operate a non-bank consumer credit provider shall be as follows:
(a) an indication of the subject of activity by expert group2);
(b) an extract from the Commercial Register not more than 3 months old;
(c) evidence of credibility assessment
1. the applicant,
2. members of the Management Board, the statutory and supervisory body of the applicant or of another similar body of the applicant;
(d) documents proving the competence of the members of the statutory body or of the management board of the applicant, the inquest or any other person with management powers, if they are directly involved in the provision of consumer credit or are responsible for the provision of consumer credit;
(e) an indication of the amount of initial capital;
(f) the financial statements of the applicant;
(g) documents proving the origin of the applicant's financial resources;
(h) a business plan;
(i) draft rules for negotiating with candidates for the conclusion of a consumer credit agreement;
(j) draft internal rules governing the procedures and rules provided for in Article 15 (2) of the Consumer Credit Act;
(k) the identity data of the controlling person and the extract from the commercial register or other similar records not earlier than 3 months if the controlling person is a legal person;
(l) a description of the fact on the basis of which the person referred to in point (k) is the controlling person or, where appropriate, a document confirming that fact;
(m) evidence to assess the credibility of the controlling person; where the controlling person is a legal person, also evidence to assess the credibility of the members of the Management Board, the statutory body and the supervisory authority or other similar body of that legal person; and
(n) financial statements and other documents proving the origin of the financial resources of the controlling person.
Separate intermediary
(1) The details of the application for authorisation to operate as a separate intermediary which is not a bank authorised under a bank licence to operate as a financial broker shall be the following:
(a) an indication of the subject matter of the activity by expert group;
(b) an extract from the commercial register or other similar records not more than 3 months old if the applicant is a legal person;
(c) evidence of credibility assessment
1. the applicant,
2. members of the Management Board, the statutory and supervisory body of the applicant or of another similar body, where the applicant is a legal person;
(d) evidence of competence
1. the applicant, if he is a natural person,
2. members of the statutory body or board of directors of the applicant, of a procuritor or of any other person with management powers, if they are directly involved in the mediation of consumer credit or are responsible for the mediation of consumer credit;
(e) identification details of the controlling person and extracts from the commercial register or other similar records not more than 3 months old, if the controlling person is a legal person;
(f) a description of the fact on the basis of which the person referred to in (e) is the controlling person or, where appropriate, a document confirming that fact;
(g) evidence to assess the credibility of the controlling person; where the controlling person is a legal person, also evidence to assess the credibility of the members of the Management Board, the statutory body and the supervisory authority or other similar body of that legal person; and
(h) the identification of each person for whom the applicant will carry out the activity of a separate intermediary, if this information is known at the time of the request to the applicant.
(2) The details of the application for authorisation to operate as a separate intermediary, which is a bank authorised under a bank licence to operate as a financial broker, shall be as follows:
(a) an indication of the subject matter of the activity by expert group; and
(b) the identification details of each person for whom the bank will carry out the activity of a separate intermediary, if this information is known at the time of the request to the bank.
Binding agent and consumer credit intermediary
(1) The details of the notification details for the purposes of registration of the tied agent in the register, in addition to those referred to in Section 30 (3) of the Consumer Credit Act, shall be the following:
(a) an indication of the subject matter of the activity by expert group to be carried out by the tied representative for the represented;
(b) the identification of the person pursuant to Article 55 (1) (e) of the Consumer Credit Act; and
(c) a statement represented by the tied agent and his staff (3) satisfying the conditions of competence and credibility and other conditions under the Consumer Credit Act relating to the performance of the activity in question.
(2) The details of the particulars of the notification for the purposes of the registration of the tied consumer credit intermediary in the register, in addition to the information referred to in Section 40 (3) of the Consumer Credit Act, shall be as follows:
(a) the identification of the person pursuant to Article 55 (1) (e) of the Consumer Credit Act; and
(b) a statement represented by the consumer credit intermediary and his working3) fulfils the conditions of competence and credibility and other conditions under the Consumer Credit Act relating to the performance of the activity in question.
(3) The details of the notification of the extension of the activity of the tied agent or consumer credit intermediary shall be the list of persons for whom the fee is paid, indicating their identification details.
Method of payment of administrative fee
(1) The payment of the administrative fee for the extension of the authorisation to operate a non-bank consumer credit provider and the authorisation to operate a separate intermediary is carried out by transfer to an account on the basis of payment instructions sent by the Czech National Bank. Payment instructions include account number, variable symbol and amount.
(2) The payment of the administrative fee for the extension of the authorisation to operate as a tied agent or consumer credit intermediary is carried out by transfer to an account on the basis of payment instructions sent by the Czech National Bank. The payment instructions shall contain an account number, a variable symbol and an amount to be paid corresponding to the number of persons to whom the authorisation is to be extended in accordance with the list sent by the notifier.
Notification of changes to data entered in the register and other data related to the activity carried out
Further details on the notification of the change of data under Section 59 (1) of the Consumer Credit Act are the notifier's identification data and according to the nature of the notified change
(a) the specification of the amendment containing the existing entry entered in the register and the entry to be entered in the register, unless the entry is to be deleted without refund,
(b) documents confirming the decision on bankruptcy or entry into liquidation, where such facts have taken place; or
(c) the specification of the amendment indicating compliance with the conditions laid down by law for the operation of the activity and, depending on the nature of the change, with the documents provided for in this Decree to demonstrate compliance with the condition for the pursuit of the activity.
Notification of termination
(1) The details of the notification of termination of the activity of a non-bank consumer credit provider, a separate intermediary, a tied agent or a tied consumer credit intermediary shall be the identification data of the notifier's person.
(2) Where a notice of termination is submitted by the tied agent or intermediary of the tied consumer credit via the represented person, the identification details of the tied agent or of the tied consumer credit intermediary shall also be required.
Accreditation to organise professional examinations
(1) The details of the application for accreditation for the organisation of a professional examination shall be as follows:
(a) an indication of the required scope of accreditation by expert group;
(b) an extract from the commercial register or other similar records not more than 3 months old if the applicant is entered in that register or in the register before the application is lodged;
(c) evidence of credibility assessment
1. the applicant,
2. members of the Management Board, the statutory and supervisory body or any other similar body of the applicant, where the applicant is a legal person;
(d) documents proving the substantive, qualification, organisational and personnel conditions for the activity of the accredited person;
(e) a draft test schedule;
(f) identification details of the controlling person and an extract from the commercial register or other similar records not more than 3 months old if the applicant is a legal person;
(g) a description of the fact on the basis of which the person referred to in point (f) is controlling the person or, where appropriate, a document confirming that fact; and
(h) evidence to assess the credibility of the controlling person; where the controlling person is a legal person, as well as evidence to assess the credibility of the members of its Management Board, the statutory body and the supervisory authority or any other similar body of that legal person.
(2) The application for amendment of the accreditation granted for the organisation of a professional examination shall be accompanied by an indication of the change requested by the accredited person and of the indication or document referred to in paragraph 1 which relates to the change and demonstrates compliance with the legal conditions for the performance of the activity of the accredited person.
(3) The notification of a change in the data of an accredited person concerning a change in the conditions referred to in Section 63 (2) of the Consumer Credit Act shall be accompanied by the indication of the change and, depending on the nature of the change, the indication or document referred to in paragraph 1 which relates to the change.
(4) The details of the application for an extension of accreditation shall be the statement by the accredited person that the data and documents proving compliance with the legal conditions under Article 63 (2) of the Consumer Credit Act, which have been annexed to the application for accreditation or to the change of accreditation pursuant to paragraphs 1 and 2 or to the notification of the change of the data on the accredited person relating to the change of the conditions referred to in Article 63 (2) of the Consumer Credit Act pursuant to paragraph 3, are up to date.
Activity statement
(1) The non-banking provider of consumer credit shall draw up, on the last day of the calendar year, an annual activity statement (hereinafter referred to as the "activity statement") to the Czech National Bank within the period referred to in Article 14 (2) of the Consumer Credit Act.
(2) The activity statement contains the information provided for in Section 14 (2) of the Consumer Credit Act and is sent on an electronic form via the Internet application of the Czech National Bank for collecting information obligations.
(3) The activity statement shall be provided by a non-bank consumer credit provider or by a person authorised to act on its behalf by electronic signature.
(4) If an error or change in the activity statement is detected after the submission of the activity report to the Czech National Bank, the non-bank provider of consumer loans shall submit a report of the activity with adjusted data to the Czech National Bank without undue delay, in the manner set out in paragraph 2, together with information on the content and the reason for the correction.
Formats and other technical details of the application and notification
Applications and notifications shall be submitted in Portable Document Format (pdf) format or, if it is not possible to use it, another data format commonly used in electronic contact that does not allow the content to change.
Common provisions
(1) Where the nature of the case excludes the submission of the information or document of the application or of the notification required by this Order, the person concerned shall indicate that fact in a separate annex to the application or notification together with the reasons for which the indication or document cannot be provided and shall provide adequate evidence.
(2) If the applicant does not demonstrate in the application that some of the conditions for authorisation are met because of the preferential application of the international agreement, which is part of the Czech legal order, he shall indicate this international agreement and the provision of which application is invoked.
(3) The applicant or notifier does not need to submit the data or documents required by this Decree if they are publicly available in the current form in the public administration information systems or if the Czech National Bank is available in the current form. The applicant or notifier shall state the reasons for not submitting such data or documents.
Efficacy
This Decision shall enter into force on 1 December 2016.
Governor:
Ing. Rusnok v. r.
1) Article 18 of the Accounting Act.
2) Paragraph 3 (1) (i) of Act No. 257 / 2016 Coll., on Consumer Credit.
3) Paragraph 3 (1) (h) of the Consumer Credit Act.
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Regulation Information
| Citation | Decree No. 381 / 2016 Coll., on applications, notifications and submission of statements under the Consumer Credit Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.2016 |
|---|---|
| Effective from | 01.12.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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