Decree No. 570 / 2020 Coll.
Decree on the information obligations of certain persons on the capital market vis-à-vis the Securities Dealers Guarantee Fund
Valid
Order
Effective from 01.01.2021
Text versions:
01.01.2021
23.12.2020
570
DECLARATION
of 16 December 2020
on the information obligations of certain persons on the capital market vis-à-vis the Securities Dealers Guarantee Fund
According to Article 199 (1) of Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 56 / 2006 Coll., Act No. 188 / 2011 Coll. and Act No. 119 / 2020 Coll., for the implementation of § 129b (3) of this Act:
Subject matter
This decree regulates the details, form, manner and structure of the fulfilment of the obligation of information by a mandatory person to the Guarantee Fund of securities dealers (hereinafter referred to as the Guarantee Fund).
Compulsory person
For the purposes of this decree, the mandatory person shall be:
(a) a securities dealer;
(b) a bank licensed by the Czech National Bank to provide the main investment service;
(c) an investment company or a foreign person, if they fulfil the conditions laid down in Article 132a (1) of the Capital Market Act;
d) a foreign person under Section 28 (1) of the Capital Market Enterprise Act, which the Czech National Bank has granted permission to provide investment services in the Czech Republic through a branch.
Submission of information on the amount of customer assets
(1) No later than the end of the calendar month following the end of the calendar year, the obliged entity shall forward to the Guarantee Fund the information expressed in Czech crowns on the aggregate amount of the customer's assets at the end of the last working day of the year in question for which the Guarantee Fund would, in the event of its non-publication, provide compensation calculated in accordance with Section 130 (9) of the Capital Market Business Act. This aggregate amount of assets shall be determined as the product of the sum of the value of the assets of all customers under Section 128 (12) of the Capital Market Enterprise Act established under Sections 130 (7) and (8) of the Capital Market Enterprise Act and the coefficient 0,9. The value of one customer's assets shall be credited up to a maximum of EUR 20 000.
(2) In determining the amount of the customer's assets referred to in paragraph 1, the obligor shall also include the assets of customers who are not entitled to compensation from the Guarantee Fund pursuant to Section 130 (4) of the Capital Market Business Act, with the exception of those of customers under Section 130 (4) (b) of the Capital Market Enterprise Act.
(3) The compulsory person converts the figure expressed in foreign currency unit into the figure expressed in Czech crowns by the Czech National Bank for the last day of the relevant year.
Corrections and changes to the information submitted
If, after transmission of the information referred to in Article 3 (1), the obliged person finds an error or has made a change in any of the data on the basis of which the amount of the customer's assets is determined in accordance with Article 3 (1), the obliged person shall transmit the aggregated corrected information to the Guarantee Fund by the end of the relevant calendar year.
Method and form of transmission of information
The mandatory person shall transmit the information referred to in Article 3 (1) to the Guarantee Fund through a data box.
Efficacy
This Decision shall enter into force on 1 January 2021.
Minister of Finance:
JUDr. Schiller, Ph.D., v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 570 / 2020 Coll., on the information obligations of certain persons on the capital market vis-à-vis the Guarantee Fund of securities dealers |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Securities
Finance
The regulation text is for informational purposes only.
Comments 0