Decree No. 56 / 2023 Coll.
Decree amending Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Act on Savings and Credit Cooperatives
Valid
Effective from 01.04.2023
56
DECLARATION
of 21 February 2023
amending Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Act on Savings and Credit Cooperatives
The Czech National Bank provides, pursuant to § 4 (7), § 5 (5), § 16 (7), § 20 (4) and § 26g of Act No. 21 / 1992 Coll., on Banks, as amended, and pursuant to § 1 (8), § 2a (1), § 2b (4), § 5a (3) and § 13 (6) of the Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto, and on the addition of the Czech National Council Act No. 586 / 1992 Coll., on Income Taxes, as amended:
Decree No. 355 / 2020 Coll., on applications and certain information under the Bank Act and the Bank and Credit Cooperatives Act, is amended as follows:
1. In the introductory sentence, "§ 4 (8) 'is replaced by" § 4 (7)'.
2. In Paragraph 1 (2), the words "competence 'shall be inserted after the word" credibility'.
3. Paragraph 1 (3) reads as follows:
"(3) In addition, that decree sets out the model of the application form for approval to acquire a qualifying holding or to increase the qualifying holding in a bank or cooperative advance by reaching or exceeding 20%, 30% or 50%, or to dominate a bank or a cooperative reserve and the content of the annexes to that request. ';
4. The heading of Section 11 reads:
"Evidence of credibility, competence and experience of the manager of the financial holding person or mixed financial holding person
(K § 26g of the Banking Act) '.
5. In Paragraph 11 (1) of the Introductory Part of the provision, the word "financial 'is inserted after the word" mixed' and the word "credibility 'is inserted after the word" competence'.
6. in Article 11 (1) (e), the word "working" shall be deleted, the words "including its anticipated" shall be replaced by the words "and thereafter" and the words "associated with this function" shall be added at the end of the text of point (e).
7. In Article 11 (2), the words "paragraph 2 'are replaced by the words" paragraph 1', the words "including the scope 'are replaced by the words" and the scope' and the words "resulting from this function 'are replaced by the words" associated with this function'.
8. Paragraph 14 (1) (j) reads:
"(j) a summary of the functions of the bodies of other legal persons to which the proposed person has been elected, appointed or otherwise called (hereinafter referred to as the" elected authority "), and of other functions performed in such persons over the last 10 years, and for each of those legal persons his identification data and the subject matter of the activity, the designation of the function performed and the period of his or her term of office in that legal person,";
9. Paragraph 14 (4) reads as follows:
"(4) If the acquisition or increase of a qualifying holding in a bank or a cooperative advance payment or in the context of the control of a bank or a cooperative advance is to result in a change of a member of a statutory body and, in the case of a cooperative reserve, the credit committee which holds a bank or cooperative reserve executive management functions, the applicant shall include for the person proposed as such a member:
(a) identification data;
(b) evidence of credibility assessment;
(c) a CV containing information on education and professional experience;
(d) an overview of the functions of the elected bodies of other legal entities and other functions performed in such persons over the last 10 years and, for each of those legal entities, its identification data and the subject of the activity, the designation of the function performed, the indication of whether, in the case of membership of the elected body, the function of an executive or non-executive member and the term of office in that legal person and the indication of whether the proposed entity intends to continue to perform those functions in those legal persons in parallel with the performance of the function in the bank or cooperative advance to which that person is proposed;
(e) a description of the financial and personnel relationship of the proposed person to the bank or cooperative advance and to the managers of the bank or cooperative advance, the parent and subsidiary of the bank or cooperative reserve and to the managers of those companies and to shareholders with a qualifying holding in the bank or cooperative advance;
(f) the function to be performed by the proposed person in the organisation of the bank or the cooperative reserve and a brief description of the performance of that function in terms of powers and responsibilities conferred on it; and
(g) the applicant's report on the results of the assessment of the suitability of the proposed person for the function to be performed by the proposed person, in view of the fulfilment of the requirements of credibility, competence and experience of that person and the collective suitability of the relevant elected authority as a whole. ";
10. In Section 15, at the end of paragraph 3, the words "or if the Czech National Bank is currently available. The reason for not submitting the claim shall be supported by the Czech National Bank."
11. in Article 17 (2), the words "and 14" and the words "and to acquire or increase qualifying holdings in a credit institution" shall be deleted;
12. Annex No 1 shall be deleted;
Efficacy
This Regulation shall enter into force on the first day of the calendar month following its publication, with the exception of Article I (3) and (12), which shall take effect on 19 July 2023.
Governor:
Michl, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 56 / 2023 Coll., amending Decree No. 355 / 2020 Coll., on Applications and Certain Information under the Bank Act and the Act on Savings and Credit Cooperatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2023 |
|---|---|
| Effective from | 01.04.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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