Act No. 461 / 2016 Coll.
Act amending Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and Adding the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as amended
Valid
Law
Effective from 01.02.2017
Text versions:
01.02.2017
30.12.2016
461
THE LAW
of 14 December 2016
amending Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and Adding the Act of the Czech National Council No. 586 / 1992 Coll., on Income Tax, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as amended
Parliament has decided on this law of the Czech Republic:
Act No. 96 / 1993 Coll., on building savings and state aid for building savings and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., as amended by Act No. 83 / 1995 Coll., Act No. 423 / 2003 Coll., Act No. 292 / 2005 Coll., Act No. 161 / 2006 Coll., Act No. 104 / 2006 Coll., Act No. 258 / 2016 Coll., Act No. 227 / 2009 Coll., Act No. 353 / 2011 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 135 / 2014 Coll., Act No. 104 / 2011 Coll., Act No. 258 / 2016 Coll., Act No. 298 / 2011 Coll., Act No. 353 / 2011 Coll., Act No. 353 / 2011 Coll., Act No. 303., Act No. 303.
1. In the title of the Act, the words "and the addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by the Act of the Czech National Council No. 35 / 1993 Coll." are deleted.
2. In the second sentence of Article 5 (1), the words "Building savings provider 'are replaced by the words" Building savings bank'.
3. In the fourth sentence of Article 5 (1), the words "the contract of a participant, if it is a natural person, must 'be replaced by the words" the natural person shall be a participant'.
4. In the third sentence of Article 5 (3), the word "a 'is replaced by a comma and at the end of the text of the third sentence the words" a partner under the law governing registered partnerships' are added.
5. In Paragraph 5 (9), the words "a building savings provider 'are replaced by the words" a building savings bank' and the words "a building savings provider 'are replaced by the words" a building savings bank'.
6. in Article 9a (1) (a), the words "compliance checks" shall be replaced by the words "compliance surveillance."
7. Paragraph 9a (6) reads:
"(6) The Ministry shall, upon request, provide the subscriber with the information referred to in paragraph 2 held in the information system to its person. In the application, the participant shall indicate, in addition to the requirements laid down in the Administrative Rules, his birth number. ';
8. In Paragraph 9a, the following paragraph 7 is inserted after paragraph 6:
"(7) The administrative provisions on administrative procedures shall not apply to the procedure for the processing of an application referred to in paragraph 6. ';
Paragraph 7 shall become paragraph 8.
9. In Article 11 (2), the first sentence is replaced by the following: "The entitlement to payment of the State aid advance shall be applied, in aggregate, to participants in the building savings bank by written applications to the Ministry by 20 February and 14 July of the following year, each time after the end of the calendar year and by 5 August of the current calendar year in the case of contracts concluded by 31 December 2003, if the participants have completed the building savings by 30 June of the current calendar year."
10.Paragraph 11 (7) reads as follows:
"(7) The Ministry shall, by means of a decree, lay down the technical details of the application referred to in paragraph 2, including the arrangements for ensuring its corrections or additions. ';
11. in Article 12 (3), the words "2 months" shall be replaced by the words "end of the calendar month in which 2 months expire" and the words "discover" shall be replaced by the words "the building savings bank found."
12. In the first sentence of Article 13 (3), the words "in particular 'shall be inserted after the words" in particular'; in the second sentence, the words "returned 'shall be inserted after the words" registered or' and the words "2 months' shall be replaced by the words" end of the calendar month in which the 2 months expire '.
13. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) The notified State aid, for which the building savings bank found that the legal condition for its provision had not been fulfilled and which at the time of this finding was not referred to by the construction savings bank by the Ministry pursuant to Paragraph 11 (4), is required to return the building savings bank to the Ministry by the end of the calendar month in which it expires two months after the date of its notification by the Ministry of the building savings bank."
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
14. Paragraph 13 (6) to (8) reads as follows:
"(6) On the return of the registered or paid State aid referred to in paragraph 3 or of the registered State aid referred to in paragraph 4, the Ministry may request that the data relating to participants registered in the information system be amended eight times a year by 5 January, 30 January, 29 April, 14 June, 22 July, 27 August, 7 October and 20 November of the calendar year.
(7) When the State aid is recovered, the building savings bank shall submit to the Ministry information on the State aid recovered as referred to in paragraph 3 or on the State aid recovered as referred to in paragraph 4, indicating the participants' data under this Act nine times a year by 5 January, 30 January, 14 March, 29 April, 14 June, 22 July, 27 August, 7 October and 20 November of the calendar year. The building savings bank shall submit this information in such a way as to repay State aid to the Ministry within the time limit referred to in paragraph 3 or 4.
(8) The Ministry shall process the information referred to in paragraph 7 and transmit the result of the processing to the building savings bank within 7 calendar days of the date of submission of the information referred to in paragraph 7 of the building savings bank. ';
15. in Article 13, the following paragraph 9 is added:
"(9) The information referred to in paragraph 7 and the request to amend the registered data of participants shall be processed using the information system. The Ministry shall, by means of a decree, lay down the technical details of the submission of the information referred to in paragraph 7 and the technical details of the submission of the request for amendment of the data concerning participants. ';
16. In Section 15, the words "Compliance check 'are replaced by the words" Compliance oversight'.
17. in Article 15 (1), the words "Compliance check" are replaced by the words "Compliance surveillance."
18. In Article 15, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) For the purposes of the supervision of compliance with the conditions for State aid, the Ministry is entitled to require information and clarification from the building savings bank of the facts related to this supervision.
(3) The building savings bank shall provide the necessary synergies to exercise the Ministry's authorisation under paragraph 2. "
Paragraphs 2 to 7 shall be renumbered paragraphs 4 to 9.
19. in Article 15 (4), (6) and (8), the words "compliance checks" are replaced by the words "compliance surveillance."
20. In Article 15 (7), "paragraph 3 'is replaced by" paragraph 6';
21. in Article 15a (1) to (3), the words "compliance checks" shall be replaced by "compliance surveillance."
22. in Article 15a (5) (a), the following points 3 and 4 are added:
"3rd date of birth,
4th date of death, '.
23. in Article 15a (5) (b), the following point 3 is inserted after point 2:
"3rd date of birth,"
Points 3 to 5 shall become points 4 to 6.
24. in Article 15a (5) (c), the following point 3 is inserted after point 2:
"3rd date of birth,"
Points 3 to 6 shall become points 4 to 7.
25. In the first sentence of Article 16 (1), the words "registered or 'shall be inserted after the words" amount'.
26. In Paragraph 16 (2), the words "two months' are replaced by the words" end of the calendar month in which two months expire 'and the word "delivery' is replaced by the words" legal authority '.
27. in Paragraph 16 (3):
"(3) The recovery of the State aid paid pursuant to paragraph 1 may be imposed within 3 years of the finding that the conditions for the drawing of State aid have been infringed, but within a maximum of five years of the infringement. The building savings bank shall provide information on the State aid recovered in order to repay the State aid to the Ministry within the period referred to in paragraph 2. The Ministry shall process the information on the State aid recovered and transmit the result of the construction savings facility processing within 7 calendar days of the date of submission of the information on the State aid recovered to the construction savings bank. '
28. In Paragraph 16 (4), "returned 'is replaced by" returned'.
29. in Article 16a (2), the following point (e) is inserted after point (d):
"(e) in contravention of Article 5 (5), it shall grant a loan for a purpose other than the reimbursement of the cost of dealing with residential needs."
Points (e) to (i) shall be renumbered as points (f) to (j).
30. in Article 16a (3) (d), the words "or 4" are inserted after the words "Paragraph 13 (3)" and at the end of the text in point (d), the words "or an advance on State aid" are added.
31. in Article 16a (4) (b), "a" is replaced by "or" and "or paragraph 3" is replaced by "or according to paragraph 3."
32. in Article 16a (4) (c), "(i) and (j)" is replaced by "or (i)."
33.In Article 16b, the following paragraph 3 is inserted after paragraph 2:
"(3) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
34. in the third sentence of Article 16b (4), "also" shall be replaced by "in such cases."
35. in Article 16b, paragraph 6 is deleted;
36. After Paragraph 16b, the following Section 16ba is inserted:
Order fine
(1) The Ministry may impose an order fine of up to CZK 5 000 000 000 in the building savings facility which does not fulfil the obligation under Paragraph 15 (3).
(2) The order fine referred to in paragraph 1 may also be imposed repeatedly if the obligation is not fulfilled even after the order fine has been imposed before. The total of fines for infringements of the same obligation must not exceed CZK 20,000 000.
(3) Order fines may be imposed within 1 year of the date on which the infringement occurred. "
(37) Part III, including footnote 4a, is deleted.
Transitional provision
Administrative procedures initiated under Act No. 96 / 1993 Coll., as effective before the date of entry into force of the Act, shall be completed and the time limits for the recovery of State aid shall be assessed under Act No. 96 / 1993 Coll., as effective before the date of entry into force of the Act.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 461 / 2016 Coll., amending Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and Adding the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2016 |
|---|---|
| Effective from | 01.02.2017 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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