Decree No. 402 / 2017 Coll.
Decree amending Decree No. 233 / 2009 Coll., on applications, approval of persons and method of demonstrating professional competence, credibility and experience of persons, as amended
Valid
Effective from 03.01.2018
402
DECLARATION
of 23 November 2017
amending Decree No 233 / 2009 Coll., on applications, authorisation of persons and the method of demonstrating the competence, credibility and experience of persons, as amended
Pursuant to Article 199 (2) of Act No. 256 / 2004 Coll., on Capital Market Business, as amended by Act No. 204 / 2017 Coll., and pursuant to § 65 (1) of Act No. 427 / 2011 Coll., on Supplementary Pension Savings, as amended:
Decree No 233 / 2009 Coll., on applications, approval of persons and the method of demonstrating the professional competence, credibility and experience of persons, as amended by Decree No 192 / 2011 Coll., Decree No 58 / 2012 Coll., Decree No 372 / 2012 Coll., Decree No 248 / 2013 Coll., Decree No 171 / 2014 Coll. and Decree No 158 / 2016 Coll., are amended as follows:
1. in Article 1 (1), point (c) is deleted;
Points (d) to (p) shall be renumbered (c) to (o).
2. in Paragraph 1 (1) (e), the words "securities dealer, regulated market operator, CCP," shall be deleted;
3. in Article 1 (1) (f):
"(f) authorisation to convert a pension company;"
4. In Paragraph 1 (1) (g), the words "and its activities' are replaced by the words" to distribute supplementary pension savings'.
5. in Article 1 (1) (h), the words "liquidators and forced administrators," shall be deleted;
6. in Paragraph 2 (j), point 1 is deleted;
Points 2 to 5 shall become points 1 to 4.
7. Paragraph 3 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
8. In Article 3 (3), "1 to 3 'is replaced by" 1 and 2';
9. in Article 4 (2) (a), the text "§ 3 (2) and (3)" is replaced by "§ 3 (2)."
10. In Part Two, Title III, including the title and footnotes 8 to 14, is deleted.
11. In Article 15, under the heading, the words "§ 10 (4), § 43 (4), § 155a (2) of the Capital Market Enterprise Act and" are deleted.
12. In Section 18, under the heading, the words "Section 47 (1) of the Capital Market Enterprise Act 'are deleted.
13. in Paragraph 18 (1), the words "the organiser of a regulated market, a CCP," shall be deleted;
14. Paragraph 19 shall be deleted, including the title.
15.
Authorisation to convert a pension company
(For Paragraph 65 (1) of the supplementary pension savings law)
(1) An application for authorisation for the merger of pension companies shall be made on a form the model of which is set out in Annex 8 to this Order.
(2) The Annexes to the application referred to in paragraph 1 are:
(a) a list of the participating companies;
(b) for the acquiring company, the commercial firm, the person's identification number and the address of the registered office, the capital amount, the amount of the paying-up of the capital, indicating the number, amount and subject matter of the individual deposits by which the capital was subscribed or paid up, and the number, nominal value, form and form of shares of the acquiring company;
(c) a list of the managers of the acquiring company, indicating their function;
(d) a form, the specimen of which is in Annex 3 to this Order, completed and signed by each of the heads of the acquiring company;
(e) a CV of each head of the receiving company containing:
1. data on education [§ 2 (i)]; and
2. data on professional experience [§ 2 (h)],
(f) proof of integrity issued by a foreign State (§ 2 (c)) by each of the heads of the acquiring company;
(g) the merger project of pension companies containing at least the applicant's intention, the changes to the business plan, the timetable for the merger and the formalities referred to in Article 65 (2) of the supplementary pension savings law;
(h) joint reports by the statutory authorities or reports by the statutory authorities of the participating companies on the merger, or, where appropriate, acceptance of waiving their processing;
(i) an expert report or reports, including the expert's opinion on the requirements of the project pursuant to Article 65 (3) of the supplementary pension savings law;
(j) the final accounts of the participating companies and the opening balance of the acquiring company and the auditor's report on their verification or interim accounts and the auditor's report on their verification; and
(k) the list of persons between whom a merger results from close links and an indication of 5) persons who, as a result of the merger, receive a qualifying participation in the acquiring company, including an indication of the amount of the share or other form of application of a significant influence on the management of the applicant. ";
16. Paragraph 22 shall be deleted, including the title.
17. In Section 23, under the heading, the words "Section 32c (8) of the Capital Market Enterprise Act," are deleted.
18. Article 24 shall be deleted, including the title.
19. The title of Section 25, including the text under the title, reads:
"Registration of other business activities of the pension company
(Paragraph 35 (5) of the Additional Pension Savings Act) '.
20. in Article 26 (4), the words "and III" shall be deleted;
21. in Annex No 1, Part B (a), in the first paragraph, the word "table" shall be replaced by "point 5a" and the words "points (a) to (o) of paragraph 3" shall be replaced by "points (a) to (r) of paragraph 3";
22. In Annex 1, point 5a, the words "Payment and settlement 'are replaced by the words" Payment services and electronic money issuance', the words "Issuance and administration of means of payment, e.g. payment cards and travel cheques' are replaced by the words" Issuance and administration of means of payment, if they are not payment services or electronic money issuance '.
23. In Annex 1, point 5a, the row "Activities directly related to the activities referred to in § 1 (1) and § 3 (a) to (o) of the Banking Act 'is deleted.
24. In Annex 1, point 5a, the following is added after the words "Implementation of the administration of investment funds and foreign investment funds':
"Activities of an accredited person under the law governing the capital market business
Provision of data reporting services under the Capital Market Business Act
Activities directly related to the activities listed in Sections 1 (1) and 3 (a) to (q) of the Banking Act '.
25. In Annex 1, point 5aa:
"5aa - The provision of investment services under the special legislation2 / - list of investment services and additional investment services which the bank intends to provide (information only, not a request under the Capital Market Act)
"
26. in Annex 1, Part B (b), in the first paragraph, "table" is replaced by "point 5b."
27. In Annex No 1, point 5b, the words "Payment, settlement and management of payment instruments for members' are replaced by the words" Payment services and issuance of electronic money for members and activities related to the provision of payment services or electronic money 'and the words "Lease of safe deposit boxes for members' are replaced by the words" Issue and administration of payment instruments for members, unless it is the provision of payment services or the issuance of electronic money pursuant to § 3 (1) (b) of the Savings and Credit Cooperatives Act '.
28. Annexes 2, 6 and 11 are deleted.
29. In Annex 3, in the text under the title, the words "under Act No. 256 / 2004 Coll., on Capital Market Business, as amended, and" deleted and after the words "pension savings" shall be added "as amended."
30. In Annex 3, point 3 reads:
"3. Request
"
31. In Annex 4, in the title, the words ", investment intermediary 'are deleted.
32. In Annex 4, point 2, the words "investment intermediary 'are deleted.
33. In Annex 5, Part 3C, in the first paragraph, "table 'is replaced by" point (a)' and "points (a) to (o) of paragraph 3 'is replaced by" points (a) to (r) of paragraph 3'.
34. In Annex 5, Part 3C (a), the words "Payment and settlement 'are replaced by the words" Payment services and electronic money issuance', the words "Issuance and administration of means of payment, e.g. payment cards and travel cheques' are replaced by the words" Issuance and management of means of payment, where they are not the provision of payment services or the issuance of electronic money '.
35. in Annex 5, Part 3C (a), the line "Activities directly related to the activities referred to in Sections 1 (1) and 3 (a) to (o) of the Banking Act" is deleted.
36. in Annex 5, Part 3C (a), after the words "Implementation of the administration of investment funds and foreign investment funds" the following shall be added on separate lines:
"Activities of an accredited person under the law governing the capital market business
Provision of data reporting services under the Capital Market Business Act
Activities directly related to the activities listed in Sections 1 (1) and 3 (a) to (q) of the Banking Act '.
37. In Annex 5, Part 3C (b):
"(b) Provision of investment services under another legal provision 1 / - list of investment services and additional investment services which the branch of a foreign bank intends to provide in the Czech Republic (this is only information, not an application under the Capital Market Act)
"
38. In Annex 7 to the text under the title "Under Act No. 256 / 2004 Coll., on the Capital Market Business, as amended," is deleted and after the words "Pension Savings" the words "as amended" are added.
39. In Annex 7, point 4:
"4. Request for
"
40. In Annex 8, the title of the Annex, including the text under the title, reads:
"'.
41. Point 3 of Annex 8 reads as follows:
"3. Request
"
42. In Annex 9, the title of the Annex, including the text under the title, reads:
"'.
43. Point 4 of Annex 9 reads as follows:
"4. Request for
"
44. In Annex No 10 the text under the title reads: "pursuant to Act No. 427 / 2011 Coll., on Supplementary Pension Savings, as amended."
45. Point 7 of Annex 10 reads as follows:
"7. The activity of the tied agent
"
46. In Annex 12, the title of the Annex, including the text under the title, reads:
"
47. Point 3 of Annex 12 reads as follows:
"3. Request
"
Efficacy
This Decision shall enter into force on 3 January 2018, with the exception of points 22, 27 and 34, which shall take effect on 13 January 2018.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 402 / 2017 Coll., amending Decree No. 233 / 2009 Coll., on applications, approval of persons and method of demonstrating professional competence, credibility and experience of persons, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2017 |
|---|---|
| Effective from | 03.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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