Decree No. 459 / 2017 Coll.
Decree amending Decree No. 323 / 2013 Coll., on the formalities for forms for submission of applications for registration, amendment or deletion of data in public register and repealing certain regulations
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
21.12.2017
459
DECLARATION
of 15 December 2017
amending Decree No. 323 / 2013 Coll., on the formalities for forms for the submission of applications for registration, amendment or deletion of data in a public register and repealing certain decrees
The Ministry of Justice provides, pursuant to § 21, § 65e (4), § 118e (4), § 118g (4) and § 121 (4) of Act No. 304 / 2013 Coll., on public registers of legal and natural persons and on the registration of trust funds, as amended by Act No. 368 / 2016 Coll. and Act No. 460 / 2016 Coll.:
Decree No. 323 / 2013 Coll., on the formalities for forms for the submission of applications for registration, amendment or deletion of data in the public register and repealing certain decrees, is amended as follows:
1. In the title of the Order, the words "legal and natural persons, the records of trust funds and the records of data on beneficial owners and details of the means of remote access to data in the register of beneficial owners and certain data in the register of trust funds' shall be inserted after the word" register '.
2. In the introductory phrase of the Decree, the words "and the registration of trust funds (hereinafter referred to as" the law ')' shall be inserted after the words "persons'.
3.
(1) This Order sets out the details of the forms for the submission of applications for registration, amendment or deletion of data to:
(a) the public register and the register of trust funds under the law (hereinafter referred to as the register);
(b) the registration of data on the beneficial owner of a legal person or trust fund registered under the law, meaning the beneficial owner under the law on certain measures against the legalisation of proceeds from crime and terrorist financing (hereinafter referred to as the "registration of beneficial owners").
(2) This decree also provides for a way for the Ministry of Justice to have remote access to data in the register of beneficial owners or to private data in the register of trust funds ("remote access'). '.
4. In Article 2, at the end of point (s), the dot is replaced by a comma and the following points (t) to (v) are added:
"(t) trust fund,
(u) a trust fund or similar establishment governed by the law of another State operating in the territory of the Czech Republic (hereinafter referred to as the "foreign trust fund"),
(v) the beneficial owner. ';
5. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Ministry of Justice shall publish on its website a form to amend or delete trade union data, international trade union organisations, employers' organisations and international employers' organisations. '
6. In Article 3 (1), the words "paragraph 1 'are inserted after the words" Paragraph 2'.
7. In Paragraph 3 (2), the words "recognised electronic signature under the law governing electronic signature or sent through the data box of the person making the application for registration 'are replaced by the words" the way in which other legislation links the effects of the handwritten signature'.
8. In Part Two, Title I, the following Sections 13a to 13c are inserted after Section 13:
Trade unions, international trade unions, employers' organisations and international employers' organisations
Article 3, 6 to 8 shall apply mutatis mutandis for the purposes of the application form for modification of trade union data, international trade union organisations, employers' organisations or international employers' organisations or the proposal for their deletion.
Trust funds and foreign trust funds
Paragraph 3, 6 to 8 shall apply mutatis mutandis for the purposes of the application form for registration or deletion of the trust fund and the foreign trust fund or the amendment of their data.
Data on actual owners
Paragraph 3 and 8 shall apply mutatis mutandis to the particulars of the application for registration, modification or deletion of the data relating to the beneficial owner. ';
9. In Paragraph 14, the following paragraph 3 is inserted after paragraph 2:
"(3) The trust fund or foreign trust fund shall be identified by a designation, an identification number, if assigned to it, and an identification of the trust administrator. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
10. the following Part Three is inserted after Part Two:
ALTERNATIVE ACCESS
The Ministry of Justice shall allow remote access to a public authority registered for the execution of an agenda on the basis of that body to be authenticated by the natural person who carries the role through an information system used to authenticate the natural person who carries the role (1).
(1) The Ministry of Justice will also allow remote access to the authority or person referred to in § 65e (3) or § 118g (3) of the Act by means of an information system for the registration of beneficial owners or the information system for the registration of trust funds (hereinafter referred to as "the system") on the basis of an application which contains:
(a) the designation of the applicant;
(b) the name and surname of the natural person to whom remote access will be granted for the applicant (hereinafter referred to as the "beneficiary"),
(c) the address of the authorised person's electronic mail; and
(d) where appropriate, the start or expiry of the authorisation for remote access of the authorised person.
(2) The application referred to in paragraph 1 may be sent to the Ministry of Justice in paper form with an officially certified signature or an electronic form signed in a manner which links the effects of the handwritten signature.
(3) Documents with data referred to in paragraph 1 (b) to (d) shall be sent in electronic form by means of electronically completed template in xls / xlsx format (MS Excel Spreadsheet) available on the website of the Ministry of Justice 2).
(1) The Ministry of Justice shall, upon request pursuant to Article 14b, assign to the authorised person a unique, insignificant identifier which he sends to the applicant.
(2) Specific remote access of the authorised person by the Ministry of Justice will allow the presentation of the contents of the registration of data on the beneficial owner of the legal person or trust fund registered under the law or the content of the registration of data on the trust fund entered in the register of trust funds or documents deposited in the collection of documents of trust funds (hereinafter referred to as "the content of the registration ') on the basis of:
(a) the requirement of the authorised person in the system interface; and
(b) confirmation of this requirement in the system interface.
(3) The Ministry of Justice shall, at the request of the authorised person within the system interface, establish a unique Internet link which shall be sent to the e-mail address of the authorised person indicated by the applicant in the application pursuant to § 14b. Through this link, the authorised person enters the system interface where the content of the writing is displayed to him after confirming the request. The authorised person shall identify himself / herself in the system interface when entering and confirming his / her request with his / her assigned unique, insignificant identificationrem2).
(1) The authorisation for remote access of the authorised person is valid for two years or, where applicable, for a shorter period as indicated in the application under Article 14b, from the allocation of a unique insignificant identifier or from a later period as indicated in the application under Article 14b. The authorisation may be extended in accordance with the procedure laid down in Article 14b, even repeatedly, by a maximum of 2 years.
(2) The Ministry of Justice will invalidate the authorisation for remote access to the authorised person at the request of the applicant who designated the authorised person. Paragraph 14b shall apply mutatis mutandis to a request for withdrawal of a remote access authorisation from the beneficiary.
1) Act No. 111 / 2009 Coll., on Basic Registers, as amended. Article 30 (5) and (6) and Article 31 (4) of Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC.
(2) Article 30 (5) and (6) and Article 31 (4) of Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC. ';
Part Three shall be renumbered Part Four.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 459 / 2017 Coll., amending Decree No. 323 / 2013 Coll., on the details of forms for submission of applications for registration, amendment or deletion of data in the public register and repealing certain regulations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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