Decree No. 382 / 2016 Coll.
Decree amending Decree No. 141 / 2011 Coll., on the performance of the activities of payment institutions, electronic money institutions, small-scale payment service providers and small-scale electronic money issuers, as amended
Valid
Order
Effective from 01.12.2016
Text versions:
01.12.2016
25.11.2016
382
DECLARATION
of 16 November 2016
amending Decree No 141 / 2011 Coll., on the performance of the activities of payment institutions, electronic money institutions, small-scale payment service providers and small-scale electronic money publishers, as amended
The Czech National Bank provides pursuant to § 142 of Act No. 284 / 2009 Coll., on Payment, as amended by Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll. and Act No. 258 / 2016 Coll., for the implementation of § 9 (3), § 37 (4), § 47 (3) and § 54 (4) Act:
Decree No. 141 / 2011 Coll., on the performance of the activities of payment institutions, electronic money institutions, small-scale payment service providers and small-scale electronic money issuers, as amended, is amended as follows:
1. in Article 3 (5) and 6 (5) (c):
"(c) proof of integrity issued by the foreign State of each person referred to in (a) and each person referred to in (b),"
2. in Articles 5 (1) and 11 (1), "2 to 4" is replaced by "2 to 5."
3. In Article 5, paragraphs 5 and 6 are added, including footnote 23:
"(5) If the applicant intends to grant consumer credit under the Consumer Credit Act in connection with the exercise of the activity under Paragraph 8 (1) (b) of the Act, he shall also attach proof of the amount of initial capital (23) and of its origin.
(6) Where a small-scale payment service provider applies pursuant to Section 42 of the Law on the extension of the scope of payment services, it shall submit an application on a form, the model of which is set out in Annex 4 to this Order. The application shall include the annexes referred to in paragraph 4 for which there is a change in the scope of payment services. Where an application for extension of the registration for the provision of consumer credit is made under the Consumer Credit Act, it shall also attach the documents referred to in paragraph 5.
23) Paragraph 3 (1) (k) of Act No. 257 / 2016 Coll., on Consumer Credit. '.
4. In Article 11, paragraphs 5 and 6 are added:
"(5) If the applicant intends to grant consumer credit under the Consumer Credit Act in connection with the exercise of the activity under Paragraph 46 (2) (d) of the Act, it shall also attach proof of the amount of initial capital (23) and of its origin.
(6) Where an electronic money issuer requests small-scale electronic money pursuant to Article 58a of the Law on the extension of the scope of payment services, it shall submit an application on a form, the model of which is set out in Annex 7 to this Order. The application shall include the annexes referred to in paragraph 4 for which there is a change in the scope of payment services. Where the application for extension of the registration for the provision of consumer credit is made under the Consumer Credit Act, it shall also attach the documents referred to in paragraph 5. ';
5. in Paragraph 55 (2) (d):
"(d) a description of the fact on the basis of which a person becomes a person controlling a payment institution where control takes place.";
6. In Paragraph 57, the following paragraph 8 is added:
"(8) If the applicant does not demonstrate in the application that a requirement has been met because of the preferential application of an international agreement which is part of the Czech legal order, he shall indicate this international agreement, including the provision of which application is invoked."
7. In Annex 4, Tables 2, 5c and 5d, including the headings:
"
"
8. In Annex 7, Tables 2, 4c and 4d, including the headings:
"
"
Efficacy
This Decision shall enter into force on 1 December 2016.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 382 / 2016 Coll., amending Decree No. 141 / 2011 Coll., on the performance of the activities of payment institutions, electronic money institutions, small-scale payment service providers and small-scale electronic money issuers, as amended |
|---|---|
| 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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