Decree No. 547 / 2002 Coll.
Order setting out the particulars of the request for prior consent to issue electronic money
Valid
Order
Effective from 01.01.2003
Text versions:
01.01.2003
31.12.2002
547
DECLARATION
of 10 December 2002
laying down the details of the request for prior consent to issue electronic money
Pursuant to Article 19 (3) of Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems, the Czech National Bank provides:
Subject matter
This decree sets out the details of the request for prior consent to issue electronic money.
Forms of application
(1) The applicant for prior consent to the issue of electronic money (Section 15 (2) of the Payment Act) submits a written request to the Czech National Bank, which consists of:
(a) the basic information set out in the Annex to this Order;
(b) the justification for the request;
(c) paper documents,
(d) a statement that the applicant will immediately inform the Czech National Bank in writing of any changes to the information given in the application that will occur after the application has been submitted and at any later date.
(2) The reasons for the application referred to in paragraph 1 (b) shall include:
(a) the strategic intention of the applicant for prior consent including the estimated volume of electronic money issued (Section 15 (3) of the Payment Act) and the estimated number of electronic funds issued;
(b) a list of the material areas in which electronic money will be used;
(c) a description of the electronic money, a description of the process of issuing, using and clearing it of stored electronic money, including its exchange;
(d) a list of the types of recipients of electronic money according to their relationship with the publisher [Paragraph 19 (1) (b) of the Payment Act];
(e) an overview of the recipients of electronic money considered;
(f) a description of the technical security of the activity; technical security means, in particular, the corresponding calculation system, accounting system, statistical and information system and control system;
(g) a description of the measures to prevent the misuse of electronic money means and measures to prevent unauthorised interference with the electronic money system;
(h) a description of the measures to ensure that no more electronic money is spent than permitted under the Payment Act;
(i) a draft contract between the issuer and the holder of the electronic money instrument (Section 14 of the Payment Act) and a draft commercial terms and conditions for issuing and using electronic means of payment (Section 17 of the Payment Act);
(j) evidence of sources of financing for the activity under consideration.
(3) The paper documents referred to in paragraph 1 (c) are:
(a) where the applicant is a legal person,
1. social or founding contract or instrument of incorporation and statutes, if any,
2. an extract from the Commercial Register not more than one month old; a legal person who is not registered shall provide proof of its existence; a foreign legal person submits a document of a similar nature not older than one month;
3. an extract from the register of criminal records of the statutory authority, members of the statutory authority and persons in the executive management capacity of the applicant, not more than one month old; a person who is a national of the Czech Republic, if he has remained continuously abroad for more than six months during the last three years, shall also submit a similar extract from the criminal record of that State not earlier than three months; a foreign natural person shall submit a similar document not earlier than three months old, issued by the State of which he is a citizen, as well as by the States in which he has remained continuously over the last three years for more than six months;
4. a statement by the applicant that all the particulars and documents submitted by him are up to date, complete and true;
(b) if the applicant is a natural or self-employed person;
1. an extract from the Commercial Register not more than one month old; the person who is not registered shall submit the relevant business authorisations; a foreign natural person-entrepreneur submits a document of a similar nature not older than three months;
2. an extract from the Register of Penalties not earlier than one month old; a person who is a national of the Czech Republic, if he has remained continuously abroad for more than six months during the last three years, shall also submit a similar extract from the criminal record of that State not earlier than three months; a foreign natural person shall submit a similar document not earlier than three months old, issued by the State of which he is a citizen, as well as by the States in which he has remained continuously over the last three years for more than six months;
3. an affidavit by the applicant that all the particulars and documents submitted by him are up to date, complete and true.
Common provisions
(1) The application under Article 2 must be signed:
(a) by the statutory authority of the applicant or by a person authorised to act on behalf of the applicant; or
(b) by an applicant if the applicant is a natural person or a self-employed person or a person entitled to act on behalf of such persons.
The signature of the applicant or the signature of the person authorised to act on behalf of the applicant shall be officially verified. 1)
(2) The paper documents required by this decree to confirm a fact originating from abroad shall be submitted together with an officially certified Czech translation (1), (2) The authenticity of the signatures on the originals of the documents submitted must be verified in accordance with the Act on Private and Procedural International Law (3), unless otherwise provided for in the international treaty, which has been approved by Parliament, ratified and declared, and which the Czech Republic is bound by (4).
(3) The required paper document may be replaced by a written declaration if it is a document originating from abroad and the law of the State concerned does not know such document or a document of substance. This declaration shall be verifiably certified with the required data. In the case of natural persons, this declaration shall be marked "declaration of honour '.
Efficacy
This Decree shall take effect on 1 January 2003.
Governor:
Doc. Ing. Tůma, CSc.
Annex to Decree No 547 / 2002 Coll.
Czech National Bank
Basic information on the applicant for prior consent to issue electronic money
| Obchodní firma nebo název právnické osoby/ Jméno a příjmení fyzické osoby-podnikatele nebo osoby samostatně výdělečné činné | |
| IČ české osoby Identifikační údaj zahraniční osoby (obdobný IČ) | |
| Číslo cestovního pasu zahraniční fyzické osoby- -podnikatele | |
| Datum vzniku právnické osoby Datum narození fyzické osoby-podnikatele nebo osoby samostatně výdělečné činné | |
| Sídlo právnické osoby/ Adresa místa trvalého pobytu fyzické osoby- -podnikatele nebo osoby samostatně výdělečně činné | |
| Stát registrace právnické osoby/ Státní občanství fyzické osoby - podnikatele nebo osoby samostatně výdělečně činné |
1) Article 74 of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended. § 1 to 4 of Act No. 41 / 1993 Coll., on the verification of the conformity of a copy or a copy with the instrument and the authenticity of the signature by the district and municipal authorities and on the issuing of certificates by the municipal and district authorities, as amended.
2) Act No. 36 / 1967 Coll., on Experts and Interpreters.
3) Article 52 of Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended.
4) European Convention on the abolition of the verification of documents drawn up by diplomatic representatives or consular officers, published in the Notice of the Ministry of Foreign Affairs No. 287 / 1998 Coll. Convention on the abolition of the requirement of verification of foreign public documents, published by the Ministry of Foreign Affairs No.45 / 1999 Coll.
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Regulation Information
| Citation | Decree No. 547 / 2002 Coll., laying down the details of the request for prior consent to issue electronic funds |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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