Act No. 527 / 2020 Coll.

Act amending Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws, laws related to the adoption of the Act on the registration of beneficial owners and Act No. 186 / 2016 Coll., on gambling, as amended

Valid Law Effective from 01.01.2021
Text versions: 01.07.2022 01.08.2021 03.06.2021 01.06.2021 01.01.2021 All versions (6)
Contents
ČÁST PRVNÍ Čl. I „§ 9a „§ 15a „§ 22a „§ 25a „§ 33 „§ 33a „§ 34a „§ 37 „§ 40a § 40b „§ 44a „§ 48a „§ 50a § 50b „§ 51 „§ 52 „§ 53 „§ 54a Čl. II ČÁST DRUHÁ Čl. III „§ 13a „§ 16a § 16b § 16c „§ 100a „ČÁST ŠESTÁ § 108a § 108b § 108c § 108d ČÁST SEDMÁ § 108e § 108f § 108g § 108h § 108i „HLAVA I „§ 109a § 109b § 109c „HLAVA II „§ 110a § 110b „§ 112a „§ 115a „§ 117 „§ 121a „§ 123a „§ 127 „§ 129 Čl. IV Čl. V ČÁST TŘETÍ Čl. VI „§ 8a Čl. VII ČÁST ČTVRTÁ Čl. VIII Čl. IX ČÁST PÁTÁ Čl. X „ODDÍL PRVNÍ „ODDÍL DRUHÝ § 51a Čl. XI ČÁST ŠESTÁ Čl. XII „§ 14a Čl. XIII ČÁST SEDMÁ Čl. XIV „HLAVA PÁTÁ § 35ea Čl. XV ČÁST OSMÁ Čl. XVI Čl. XVII ČÁST DEVÁTÁ Čl. XVIII Čl. XIX ČÁST DESÁTÁ Čl. XX Čl. XXI ČÁST JEDENÁCTÁ Čl. XXII ČÁST DVANÁCTÁ Čl. XXIII ČÁST TŘINÁCTÁ Čl. XXIV „§ 25 § 25a „§ 25aa „HLAVA XII § 49h § 49i § 49j „§ 50 Čl. XXV ČÁST ČTRNÁCTÁ Čl. XXVI ČÁST PATNÁCTÁ Čl. XXVII ČÁST ŠESTNÁCTÁ Čl. XXVIII ČÁST SEDMNÁCTÁ Čl. XXIX ČÁST OSMNÁCTÁ Čl. XXX ČÁST DEVATENÁCTÁ Čl. XXXI ČÁST DVACÁTÁ Čl. XXXII „§ 125a Čl. XXXIII ČÁST DVACÁTÁ PRVNÍ Čl. XXXIV ČÁST DVACÁTÁ DRUHÁ Čl. XXXV Čl. XXXVI ČÁST DVACÁTÁ TŘETÍ Čl. XXXVII ČÁST DVACÁTÁ ČTVRTÁ Čl. XXXVIII
527
THE LAW
of 1 December 2020
amending Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws, laws related to the adoption of the Act on the Registration of Real Owners and Act No. 186 / 2016 Coll., on gambling, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Čl. I
Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 183 / 2017 Coll., Act No. 18 / 2012 Coll., Act No. 166 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll.
1. At the end of footnote 1, the sentence "Directive (EU) 2018 / 843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015 / 849 on the prevention of the use of the financial system for money laundering or terrorist financing and Directives 2009 / 138 / EC and 2013 / 36 / EU shall be added to the separate line. ';
2. At the end of footnote 1, the sentence "Directive (EU) 2019 / 1153 of the European Parliament and of the Council of 20 June 2019 on the establishment of rules facilitating the use of financial and other information to prevent, detect, investigate or prosecute certain offences and repealing Council Decision 2000 / 642 / JHA 'is added to the separate line.
3. In footnote 2, the first sentence is replaced by "Regulation (EU) 2018 / 1672 of the European Parliament and of the Council of 23 October 2018 on checks on cash entering or leaving the Union and repealing Regulation (EC) No 1889 / 2005 '.
4. footnote 5 is deleted, including the footnote reference.
5. footnote 19 is deleted.
6. in Article 2 (1) (b) (1), the word "booked" shall be inserted after the word "central register."
7. In Article 2 (1) (b) (4), the words "an investment company, a self-governing investment fund, a chief administrator of an investment fund 'are replaced by the words" a person authorised to administer an investment fund or a foreign investment fund, a legal person managing an asset in a manner comparable to that of managing an investment fund'.
8. in Article 2 (1) (b) (6) and (7), the words "cash loans" shall be replaced by "cash loans."
9. In Article 2 (1) (b) (8), the words "except for the insurance intermediary for which the insurance undertaking is liable for damage caused by its activities' are deleted.
10. in Paragraph 2 (1) (b) (9), the words "debts and" shall be replaced by the words "debts or" and the words "and trade with them" shall be replaced by "or traded with them."
11. in Paragraph 2 (1) (b), the words "or the hire of safety deposit boxes" shall be added at the end of the text of point 14.
12. in Article 2 (1) (d) and (e):
"(d) the person who:
1. buys or sells real estate;
2. is a real estate agent; in the case of brokerage of a real estate contract pursuant to § 2 (d) (2) of the Real Estate Intermediate Act, if applicable, if the lease, lease or lease is concerned, only if the amount of the monthly payment or the proportion of the proceeds of the real estate provided to the smuggler is equal to or greater than EUR 10 000,
3. is an auctioneer under the Public Auctions Act in the real estate auction activity;
(e) a person authorised to conduct audit activities under the Auditor Act (hereinafter referred to as "the tax advisor"), a person authorised to provide legal assistance or financial economic advice in matters of taxes, fees and other similar cash transactions, as well as in matters relating directly to them, under the Tax Adviser Act (hereinafter referred to as "the Tax Advisor"), another person authorised to carry out business activities of accountants, accounting and tax records under the Commercial Act, "
13. in Paragraph 2 (1) (g) of the introductory part of the provision, the word "lawyer" shall be replaced by the words "lawyer" and the words "on his behalf" shall be replaced by "lawyer."
14. in Paragraph 2 (1) (g) (1), "real estate" is replaced by "real estate."
15. in Paragraph 2 (1) (g) (2), "on behalf of" shall be replaced by "after" and "on his behalf" shall be replaced by "for him."
16. in Article 2 (1) (g) (3), the word "company" shall be replaced by the word "corporation" and the words "such entity" shall be replaced by the words "such a corporation, group or branch."
17. in Article 2 (1) (g) (3), the words "or" shall be deleted and the following point 4 shall be inserted after point 3:
'4. the establishment or management of a trust fund, or its structure or functions, of a similar establishment governed by the law of another State (hereinafter referred to as "the trust fund," as well as the acquisition and collection of funds or other valuable values for the trust fund or for the purposes of its establishment or administration; or ';
Point 4 is renumbered point 5.
18. in Paragraph 2 (1) (h) of the introductory part of the provision, the words "in the context of their business or the activity of a trust fund or other legal arrangement without a legal personality" shall be deleted and the words "to rest or" shall be inserted after the word "which" shall be inserted. "
19. in Paragraph 2 (1) (h), the words "or Trust Funds" shall be added at the end of the text of point 1.
20. in Article 2 (1) (h) (2), the words "on behalf of a legal person or another person in a similar position" shall be replaced by the words "for a legal person or trust fund" and the words "or trust fund" shall be added at the end of the text.
21. in Article 2 (1) (h) (4), the word "European" shall be inserted after the word "trading on."
22. in Paragraph 2 (1) (h) (5), the words "on her behalf or on her behalf" shall be replaced by the words "for that person."
23. in Article 2 (1) (i):
"(i) person
1. trading in works of art referred to in Annex 3 to this Act, provided that their value reaches at least EUR 10 000, cultural monuments or objects of cultural value, or brokering such transactions;
2. authorised to store works of art in accordance with Annex 3 to this Act if their value reaches at least EUR 10 000, cultural monuments or objects of cultural value, if they occur in free zones; ';
footnotes 10 and 11 are deleted.
24. in Article 2 (1) (l):
"(l) the person providing the services associated with the virtual asset;"
25. in Article 2, the following point (m) is added at the end of paragraph 1:
"(m) a trustee or a person in a similar position with a trust fund by the structure or functions of a similar establishment governed by the law of another State, hereinafter referred to as" the trustee. "'
26. in Article 2 (2) (a), the words "organisational components" shall be deleted after the words "establishment," the words "which, for the purposes of this law, means a form of establishment other than a branch," and the words "organisational component," shall be deleted;
27. in Paragraph 2 (3):
"(3) A obliged person shall not be a person who does not carry out the activities referred to in paragraph 1 as an object of his business, except:
(a) persons referred to in paragraph 2 (d);
(b) an attorney who carries out the advocacy as a member of a legal entity set up for the purpose of the trial;
(c) persons referred to in paragraph 1 (h) who carry out this activity as a trust fund. ";
28. In Article 2, the following paragraph 4 is added:
"(4) With the exception of the fulfilment of the information obligation referred to in Article 24 (1), a tied agent authorised to carry out the activities referred to in paragraph 1 (b) (3), (7) and (8) shall not be a obliged person.";
29. in Paragraph 3 (1) of the introductory part of the provision, the word 'for example' is replaced by 'in particular'.
30. in Article 3 (2) (a), 'the words', participation in a terrorist group, support and promotion of terrorism or criminal acts threatening terrorist acts' shall be inserted after the word 'attack 13';
31. in Article 3 (2) (b), the words', participation in a terrorist group, support and promotion of terrorism or criminal acts threatening terrorism 'shall be inserted after the word "attack."
32. in Article 4 (1), the words "acting in that capacity" shall be inserted after the words "persons."
33. In Article 4 (2), the words "acting in that capacity" shall be inserted after the words "acting in that capacity" and the words "continuing or" shall be inserted after the words "acting in that capacity."
34. in Paragraph 4 (4):
"(4) For the purposes of this Act, the beneficial owner shall be:
(a) the beneficial owner under the law governing the registration of the beneficial owners; or
(b) the natural person for whom the transaction is made. ";
35. in Article 4 (5) (b) (2) and (3), the words "or any other legal arrangement without a legal personality" shall be deleted;
36. in Paragraph 4 (8), the words "virtual currency" are replaced by the words "virtual asset," after the words "managing," the words "transferring," the words "virtual currency" are replaced by the words "virtual assets," providing financial services related to the offer or sale of a virtual asset, "and the word" other "is replaced by the words" other similar. "
37.Paragraph 4 (9) and (10) read:
"(9) For the purposes of this Act, a virtual asset means an electronically retaining or transferable unit which is:
(a) eligible to perform a payment, exchange or investment function, whether or not it has an issuer, unless
1. a security, an investment instrument or a cash instrument under the Payment Act;
2. the unit referred to in § 3 (3) (c) (4) to (7) of the Payment Act; or
3. the unit making the payment pursuant to Article 3 (3) (e) of the Payment Act; or
(b) the unit referred to in (a) (2) and which may ultimately only be paid for a narrowly defined circle of goods or services which includes an electronically retaining or transferable unit referred to in (a).
(10) For the purposes of this Act, the group shall mean the group under the Financial Conglomerates Act. ';
38. In Article 4, paragraphs 12 and 13 are added:
"(12) For the purposes of this Act, a third country shall mean a State which is not a Member State of the European Union or a State constituting the European Economic Area.
(13) For the purposes of this Act, the competent professional body shall:
(a) the Czech Bar Association, if the compulsory person is a lawyer,
(b) the notarial chamber of the Czech Republic, if the compulsory person is a notary,
(c) Chamber of Auditors of the Czech Republic, if the statutory auditor is the statutory auditor,
(d) the Executive Chamber of the Czech Republic, if it is a compulsory person,
(e) The Chamber of Tax Advisers of the Czech Republic, if it is a compulsory person, is a tax advisor. "
39. in Paragraph 5 (1) (a), the words "and sex," the word "sex," shall be inserted after the words "date of birth," and the words "place of business" shall be replaced by the words "seat."
40. In Article 5 (1) (b):
"(b) with a legal person
1. the basic identification details of the legal person by which the trading firm or name, including the distinguishing supplement or other designation, the registered office and the legal entity identification number or similar number allocated abroad;
2. data to identify and verify the identity of the natural person who is a member of its statutory authority; and
3. the basic identification data of a legal person who is a member of its statutory body and the data for the identification and verification of the identity of a natural person who is a member of the statutory body of that legal person or who has been authorised by that legal person to represent him in the statutory body; ';
41. in Article 5 (1) (c), the words "or any other legal arrangement without a legal personality" and the words "operator or person in a similar position" shall be deleted and the words "trust" shall be inserted after the words "details thereof";
42. In Paragraph 6 (1) of the introductory part of the provision, the words "if, for example," shall be replaced by "in particular if."
43.In Article 6 (1) (h), the word 'or' is replaced by a comma.
44. In Article 6, at the end of paragraph 1, the dot is replaced by "or 'and the following point (j) is added:
"(j) the client refuses to be checked or refuses to provide identification details of the person for whom he is acting."
45. in Article 6 (2) (a), the words "or the beneficial owner" shall be replaced by "the person in the ownership or management structure of the client, the actual owner of the client, the person acting for the client or the person who otherwise participates in the transaction and is known to the obliged person," and the word "or" shall be added at the end. "
46. in Article 6 (2), the word "or" shall be replaced by a dot and point (c) shall be deleted at the end of point (b);
47. in Article 7 (2), point (c) is deleted;
Points (d) and (e) shall be renumbered (c) and (d).
48. In Article 7 (3), the words "is not a policyholder and 'shall be inserted after the words" which'.
49. in Paragraph 8 (1):
"(1) First identification of the client
(a) by a natural person, carried out by the obliged person in the physical presence of the identified person;
(b) a legal person or trust fund shall be carried out by a obliged person in the physical presence of a natural person acting as a client. ";
50. in Article 8 (2) (b), the words "obtained from a reliable source" and the words "acting on its behalf in a given transaction" shall be inserted after the words "existence of a legal person"; where the statutory authority, its member or the controlling person of that legal person is another legal person, it shall also record its identification data 'shall be replaced by' acts as a legal person in a given transaction or in a business relationship '.
51. in Paragraph 8, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) the trust fund, the obliged entity shall record the identification data and verify the existence of the trust fund obtained from a trusted source and, to the extent referred to in point (a), shall identify the natural person acting as the trust fund in the transaction or in the course of a business relationship.";
52. Paragraph 8 (3) to (6) reads as follows:
"(3) Where, on the first identification of a client, he acts as a client who is a natural person, legal representative or guardian, the obliged person shall identify the legal representative or guardian in accordance with paragraphs 1 and 2. The person acting on behalf of the client shall be required to provide evidence of the client's identification data, stating that the physical presence of the represented person is not required.
(4) When acting as a client who has already been identified, another person shall carry out his or her identification in accordance with paragraphs 1 and 2.
(5) In other transactions with a client that has already been identified or if another person acts as a client, if both the client and the acting natural person have already been identified, the obligor shall verify the identity of the client or the acting natural person accordingly. The verification may be carried out without the physical presence of such persons and may also be used for electronic identification, where the qualified electronic identification system is not used under the Electronic Identification Act.
(6) Where another person acts as a client, that person shall be required to provide proof of the right to act unless the right to act is identifiable from a public register. The obliged person shall verify whether and to what extent he is entitled to act as a client. ';
53. In Paragraph 8, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) Proof of an authorisation to act as a client shall not be required if a person who has not otherwise been authorised to dispose of funds in an account places cash on the account and, at the same time, delivers signed documents to a obliged person already filled in and authorised by him or merely delivers documents on the basis of which the disposition of funds in an account is to be made.
(8) In identifying a client, the obliged person shall identify and record whether:
(a) a client, a natural person acting as a client in a given transaction or business relationship and its beneficial owner, if known to the obliged entity, is not a politically exposed person or person against whom the Czech Republic applies international sanctions under the Act on the implementation of international sanctions; and
(b) any other person in the ownership or management structure of the client, if known to the obliged person, is not the person against whom the Czech Republic applies international sanctions under the Act on the implementation of international sanctions. "
Paragraphs 7 to 9 shall be renumbered paragraphs 9 to 11.
54. In Article 8 (9), the words "client identification data, information obtained under client control (§ 9), the justification for simplified customer control (§ 13) or the exemption from client control (§ 13a)" shall be replaced by the words "information obtained under client identification and control, the justification for simplified customer control or the exemption from customer control"; and the sentence "When determining the frequency and scope of this check, the obligor is based on the client's risk profile."
55. in the first sentence of Article 8 (10), the words "when the transaction is concluded" shall be deleted; the words "power of attorney" shall be replaced by the words "authorisation" and the words "3" shall be replaced by the words "6."
56. In Paragraph 8 (11), the sentence "If the client is a trust fund, the person acting as a client shall inform the obligor."
57. In Paragraph 8 (11), the words "without the consent of the client" shall be added at the end of the last sentence.
58. in Paragraph 9 (1) (a), at the end of the text of the introductory part of the provision, the words "when the conditions laid down in Article 7 (1) are met" shall be added.
59.In Article 9 (1) (a) (2), the word "or" shall be deleted.
60. in Paragraph 9 (1) (a) (3), the word "v" shall be replaced by the words "in third," the words "European Commission designation" shall be replaced by the words "directly applicable European Union39" and the words "(" high risk third country ") shall be added at the end of the text."
Footnote 39 reads:
"(39) Commission Delegated Regulation (EU) 2016 / 1675 of 14 July 2016 supplementing Directive (EU) 2015 / 849 of the European Parliament and of the Council with strategic deficiencies on the identification of high-risk third countries. '.
61. in Paragraph 9 (1), the following points 4 to 6 shall be added at the end of point (a):
"4. with a person identified by the procedure referred to in Article 11 (7),
5. in the case of a transaction of at least EUR 2 000, in the case of a obliged entity referred to in Article 2 (1) (c); or
6. where the transfer of funds is worth EUR 1 000 or more, ';
62.In Paragraph 9 (1) (b), "to (c)" is replaced by "and (b)";
63.In Article 9 (1), the word "or" shall be added at the end of point (c).
64. in Paragraph 9 (1), point (d) is deleted;
Point (e) shall be renumbered as point (d).
65. In Paragraph 9 (2) (a), the words "and evaluation" shall be inserted after the word "acquisition" and the words "and information on the nature of the client's business" shall be added at the end of the text.
66.In Paragraph 9 (2) (b):
"(b) the identification of the beneficial owner and the taking of measures to verify his identity from trusted sources, where the client is subject to an obligation to register the beneficial owners or a similar register, the obliged person shall verify the beneficial owner at least every time from that register or similar register and one other source, and whether the beneficial owner is not a politically exposed person or person against whom the Czech Republic applies international sanctions under the Act on the implementation of international sanctions,";
67.In Article 9 (2), the following point (c) is inserted after point (b):
"(c) where the client is a legal person or trust fund, the determination of the client's ownership and management structure, and whether the person in that structure is not the person against whom the Czech Republic applies international sanctions under the Act on the implementation of international sanctions;"
Points (c) to (e) shall be renumbered as points (d) to (f).
68. In the first sentence of Article 9 (3), the words "(c) and (d) 'are deleted.
69. In Paragraph 9 (6) (b), the words "or any other legal arrangement without legal personality" shall be deleted.
70.In Paragraph 9 (6) (c):
"(c) entitled to life insurance which is:
1. designated as a particular person or trust fund, its name and surname or name;
2. determined on the basis of his relationship with the insured person or otherwise, sufficient information to identify the specific beneficiary at the time of payment of the payment,
3. politically exposed person, all relevant circumstances and course of the business relationship;
4. the legal person or trust fund and to whom a life insurance contract has been referred or which has been designated as a new beneficiary, also the identity of its beneficial owner at the time of the transfer of the life insurance contract or at the time of designation of the new beneficiary and the procedure for its detection;
5. the legal person or trust fund and where there is an increased risk of legalisation of the proceeds of crime and terrorist financing, the identity of the beneficial owner at the time of payment and the procedure for its detection. ';
71. The following Section 9a is inserted after Section 9, including the title:
㤠9a
Enhanced client identification and control
(1) The obliged entity shall carry out enhanced identification and control of the client where, on the basis of a risk assessment in accordance with Section 21a, the client, trade or business relationship presents an increased risk of legalising the proceeds of crime or terrorist financing.
(2) The obliged entity shall apply the enhanced identification and customer control measures at all times
(a) on establishment and during a business relationship with a person established in a high-risk third country;
(b) prior to the conduct of trade related to a high-risk third country;
(c) prior to the conduct of the transaction or when the transaction is concluded with a politically exposed person.
(3) For enhanced client identification and control, the obligor to the extent necessary to effectively manage the identified risk beyond the measures applied to client identification and control
(a) obtain further documents or information on:
1. to the beneficial owner,
2. the intended nature of the business relationship; and
3. the source of funds and other assets of the client and the beneficial owner;
(b) verify documents or information obtained from more than one trusted source;
(c) monitor regularly and intensively the business relationship and business within the business relationship;
(d) obtain the consent of a member of his statutory authority or of the person authorised by him to manage the action against the legalisation of the proceeds of crime and terrorist financing for the conclusion or continuation of a business relationship;
(e) requires the first payment to be made in the context of a business relationship or outside a business relationship from an account held in the name of a client with a credit institution or with a foreign credit institution which is subject to a client identification and control obligation which is at least equivalent to the requirements of European Union law; or
(f) implement other measures taking into account the nature of the obliged entity, its activities and its own risk assessment.
(4) In the case referred to in paragraph 2 (a) or (b), the obliged entity shall at least implement the measures referred to in paragraph 3 (a) to (d) and (f). In the case referred to in paragraph 2 (c), the obliged entity shall at least implement the measures referred to in paragraph 3 (a) (3) and paragraph 3 (c) and (d). ';
72. in Paragraph 10 (2) (a), the words "at whose request" shall be replaced by the words "for which the debtor."
73. In Section 10, at the end of paragraph 3, the words "and the client shall ensure delivery to the obligor. At the request of the client, the notary or public administration contact point shall ensure the delivery of the authentic instrument, including an annex, to the obliged person in his data box '.
74. The heading of Section 11 reads: "Taking over the identification and use of other means of remote identification within the client identification."
75. in Article 11 (1) of the introductory part of the provision, the word "identity" shall be inserted after the words "client and" and at the end of the text the words "in connection with the creation of a business relationship" shall be added.
76. In Paragraph 11 (1) (b), the word "him" is replaced by the word "her."
77.In Article 11 (2), the word "identity" shall be inserted after the words "client and";
78.Paragraph 11 (3) reads as follows:
Zobrazit všechna ustanovení (1869)

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Regulation Information

CitationAct No. 527 / 2020 Coll., amending Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws, laws related to the adoption of the Act on the Registration of Real Owners and Act No. 186 / 2016 Coll., on gambling, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation17.12.2020
Effective from01.01.2021
Effective until-
Status Valid
Legal Areas: Administrative law State (official) control Criminal law Criminal law substantive
The regulation text is for informational purposes only.

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