Decree of the Securities Commission No. 467 / 2002 Coll.
Ordinance of the Securities Commission on the scope of the professional business of a securities dealer carried out with the help of a broker and on the types of professional specialisation of a broker
Valid
Order
Effective from 12.11.2002
Text versions:
12.11.2002
467
DECLARATION
Securities Commission
of 24 October 2002
on the extent of the professional business activities of the securities dealer carried out by the broker and the types of professional specialisation of the broker
The Securities Commission provides for the Act No. 591 / 1992 Coll., as amended by Act No. 15 / 1998 Coll., Act No. 362 / 2000 Coll. and Act No. 308 / 2002 Coll.:
Scope of the professional business activities of the securities dealer carried out by the broker
The professional business activity which a securities dealer may carry out only through a broker shall be:
(a) the receipt and transmission of orders relating to investment instruments to the account of the customer, (1) where the securities dealer communicates with the customer and decides on the manner or conditions of execution of the orders;
(b) the execution of orders relating to investment instruments for a foreign account, (2) where the transaction takes place on a public market following the order;
(c) trading on own account of investment instruments, where it is an investment service, (3) where the transaction takes place on the public market;
(d) the management of an individual portfolio on the basis of free discretion within the framework of a contractual arrangement with a customer, where one of the investment instruments is part of that portfolio; (4) the professional business activity referred to in this point does not, however, include the performance of the professional business activities referred to in points (b) and (c).
Types of professional specialisation of broker
The types of professional specialization of the broker are
(a) professional specialisation A, which includes the pursuit of professional business activities under Sections 1 (b) and 1 (c) in relation to investment instruments under Sections 8a (1) (a) and (c) of the Securities Act; for the performance of professional specialisation A, the composition of the brokerage test of category I., 5)
(b) the professional specialisation of AD, which includes the pursuit of professional business activities under § 1 (b) and (c) in relation to investment instruments under § 8a (1) (a) and (c) to (g) of the Securities Act; for the performance of professional specialisation AD, the composition of the brokerage test of categories I and III is required., 5)
(c) professional specialisation B which includes the pursuit of professional business as referred to in Article 1 (d) in relation to investment instruments as referred to in Article 8a (1) (a), (b) and (c) of the Securities Act; for the performance of professional specialisation B, the composition of the brokerage test category II, 5)
(d) the professional specialisation of BD, which includes the pursuit of professional business as referred to in § 1 (d) in relation to investment instruments as referred to in § 8a (1) (a) to (g) of the Securities Act; for the performance of professional specialisation BD, the composition of the brokerage test of categories II and III is required, 5)
(e) professional specialisation C which includes the pursuit of professional business as referred to in Article 1 (a) in relation to investment instruments as referred to in Article 8a (1) (a) and (c) to (g) of the Securities Act; for the performance of professional specialization C, the composition of the brokerage test of category IV.5 is required)
Transitional provision
A securities dealer shall bring the performance of his professional business with the assistance of a broker into compliance with this Order within 6 months of the date of its entry into force.
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
Ing. Jakub v. r.
1) Paragraph 8 (2) (a) of Act No. 591 / 1992 Coll., on Securities, as amended.
2) § 8 (2) (b) of Act No. 591 / 1992 Coll., as amended
3) Paragraph 8 (2) (c) of Act No. 591 / 1992 Coll., as amended.
4) Paragraph 8 (2) (d) of Act No. 591 / 1992 Coll., as amended.
5) Decree No. 305 / 2001 Coll., on Brokerage Test, as amended by Decree No. 468 / 2002 Coll.
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Regulation Information
| Citation | Ordinance of the Securities Commission No. 467 / 2002 Coll., on the scope of the professional business of the dealer of securities carried out with the help of the broker and on the types of professional specialisation of the broker |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.11.2002 |
|---|---|
| Effective from | 12.11.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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