Decree No. 58 / 2012 Coll.
Decree amending Decree No 233 / 2009 Coll., on applications, approval of persons and the method of demonstrating the professional competence, credibility and experience of persons and on the minimum amount of financial resources provided to the branch of a foreign bank, as amended by Decree No 192 / 2011 Coll.
Valid
Effective from 28.02.2012
58
DECLARATION
of 16 February 2012
amending Decree No 233 / 2009 Coll., on applications, approval of persons and the method of demonstrating the professional competence, credibility and experience of persons and on the minimum amount of financial resources provided to the branch of a foreign bank, as amended by Decree No 192 / 2011 Coll.
Article 4 (3) (a) (2) (a) (2) (a), (2) (a), (2), (3), (3), (3), (4), (5), (5), (5), (5), (5), (8), (8), (10), (8), (10), (10), (8), (10), (10), (10) and (8), (10), (10), (10), (10), (10), (10), (10), (10), (10), (10), (10), (10), (10), (10) (10) (10),), (10), (10) (10), (10) (10) (10) (10), (10) (10), (10) (10) (10) (10), (10) (10), (10) (10), (10), (10), (10), (10) (10) (10) (
Decree No 233 / 2009 Coll., on applications, approval of persons and method of demonstrating the professional competence, credibility and experience of persons and on the minimum amount of financial resources provided to the branch of a foreign bank, as amended by Decree No 192 / 2011 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) This Decree lays down the particulars of the applications, the models of the application forms and the content of their annexes, where the applicant requests
(a) a bank licence for a bank located in the Czech Republic (hereinafter referred to as "bank licence"), for a foreign bank which intends to establish a branch in the Czech Republic (hereinafter referred to as "branch licence"),
(b) permit for the creation and business of a savings and credit cooperative (hereinafter referred to as "permit for the cooperative reserve"),
(c) an authorisation to operate a securities dealer, a regulated market operator, a CSD, a settlement system with irrevocable settlement (hereinafter referred to as the settlement system) to provide investment services through an organisational component of a foreign person who has its registered office in a State which is not a Member State of the European Union or another State constituting the European Economic Area;
(d) authorisation to operate an investment company, an investment fund;
(e) authorisation to operate a pension company;
(f) prior consent to the post of Head of Mission;
(g) consent to the acquisition or increase of a qualifying holding in a regulated legal entity which is a bank, cooperative reserve, a securities trader, an organised market operator, a CSD, an investment firm, an investment fund or a pension company (hereinafter referred to as a regulated legal entity) or to the control of that person;
(h) an authorisation to convert a company or to conclude a contract to transfer, stop or rent a company;
(i) the registration of the investment intermediary and its activities;
(j) entry in the list of tied agents, liquidators and forced administrators;
(k) registration of further business activities;
(l) authorisation for the creation of an open or closed holding fund, participating or pension fund;
(m) permit the transfer of the mutual fund to the management of another investment company, permit the transfer of the management of all participating or pension funds to another pension company;
(n) authorisation to merge or merge mutual funds, authorisation to merge participating or pension funds;
(o) approval of the amendment to the Statute of the collective investment fund, approval of the Statute of the participating or pension fund and its amendments;
(p) approval of the change of depositary;
(q) a permit for the public offering of securities issued by a foreign special fund in the Czech Republic; or
(r) the withdrawal of an authorisation for the activities of an investment company, investment fund, pension company or the withdrawal of an authorisation for the creation of a holding or participating fund. ';
2. In footnote 4, the sentence "§ 3 (j) of Act No. 427 / 2011 Coll., on supplementary pension savings, is added at the end of the footnote on a separate line. '
3. In Article 2 (d), the words "the European Union or another State constituting the European Economic Area 'shall be inserted after the words" another Member State'.
4. In Article 2 (j), at the end of point 4, the dot is replaced by a comma and the following points 5 and 6 are added:
"5. § 3 (g) of the supplementary pension savings law; and
6. § 3 (e) of the Pension Savings Act, "
5. In Article 2, the following point (k) is added at the end of the paragraph:
"(k) a Member State of the European Union or another State constituting the European Economic Area.";
6. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) The application for authorisation pursuant to Article 33 (3) of the supplementary pension savings law shall be made on a form, the model of which is set out in Annex 2b to this Decree. ';
Paragraph 4 shall become paragraph 5.
7. In Article 3 (5), "3 'is replaced by" 4';
8. in Article 4 (2) (a), the words "a" shall be replaced by a comma after "3 (2)" and "4" shall be inserted after the words "3";
9. In footnote 5, the sentence "§ 3 (f) of Act No. 427 / 2011 Coll., on supplementary pension savings. 'and on the separate line" § 3 (l) of Act No. 426 / 2011 Coll.' shall be added to footnote 5.
10. in Article 14a (1) (b) (2), the words "and management" shall be deleted;
11. in Part Two, the following Title V is inserted after Title IV:
PENSION COMPANY
(To Article 33 (3) of the supplementary pension savings law)
(1) In the case of an application for authorisation to operate a pension company, the applicant shall proceed in accordance with Article 3 (4).
(2) In addition to the Annexes referred to in Sections 4 (1) (a) and (c), (2) and (3), the applicant shall also accompany the application with the Annexes referred to in Sections 14a (1) (a) to (f) and 14a (2). "
Current Heads V and VI shall be referred to as Titles VI and VII.
12. In Section 15, the word "a 'is replaced by a comma and after the words" collective investment law' the words "and Section 39 (4) of the supplementary pension savings law 'are inserted.
13. In Article 18, the words "and 'before" Paragraph 71b (4)' are replaced by a comma and after the words "Collective Investment Act 'are inserted the words" and Article 44 (1) of the Additional Pension Savings Act'.
14. In Article 19, the words "and 'before" Paragraph 71b (4)' are replaced by a comma and after the words "Collective Investment Act 'are inserted the words" and Article 44 (1) of the supplementary Pension Savings Act'.
15. In Article 21, the words "and 'before the words" Paragraph 96 (2)' are replaced by a comma and after the words "Collective Investment Act 'are inserted" and Article 65 (1) of the supplementary Pension Savings Act'.
16. in Paragraph 21 (2) (b), the word "person" shall be inserted after the word "identification number."
17. In Article 21, the following paragraph 5 is added:
"(5) In the case of an application for a conversion permit under the Supplementary Pension Savings Act, they shall be annexed to the application referred to in paragraph 1 of the Annex in accordance with paragraph 2, where the conversion project is considered to be a project for the merger of pension companies, which, in addition to those elements, shall include the elements referred to in Article 65 (2) of the Supplementary Pension Savings Act. ';
18. In Section 22, the words "(K § 30 (6) of the Capital Market Enterprise Act and § 82 (1) of the Additional Pension Savings Act) 'are inserted under the heading.
19. in Paragraph 22 (2), at the end of point (d), the word "a" shall be replaced by a dot and point (e) shall be deleted;
20. in Article 22 (3), point (g) shall be deleted and points (h) and (i) shall be renumbered as points (g) and (h) respectively;
21. in Paragraph 22, the following paragraph 4 is added:
"(4) The application for registration of activities related to the distribution of participating and pension funds pursuant to § 74 (1) of the supplementary pension savings law and § 91 (1) of the Pension Savings Act shall be submitted on a form, the model of which is set out in Annex 9 to this Decree. The investment intermediary shall, together with the application, demonstrate compliance with the conditions of professional competence under the supplementary pension savings law. '.
22. In Section 23, the words "(K § 32c (8) of the Capital Market Enterprise Act, Sections 81 and 82 of the Additional Pension Savings Act) 'are inserted under the heading.
23. in Article 23 (1), the words "pursuant to Article 32c (8) of the Capital Market Act" shall be deleted.
24. In Section 25, the word "a 'is replaced by a comma, and after the words" collective investment law', the words "and Article 35 (5) of the supplementary pension savings law 'are inserted.
25. The following Part Six is inserted after Part Five:
PARTICIPATION AND PENSION FUNDS
Authorisation to create a participating fund or pension fund
(To Article 96 (5) of the supplementary pension savings law and Article 26 (5) of the Pension Savings Act)
(1) An application for authorisation to establish a participating fund or pension fund shall be made on a form the model of which is set out in Annex 19 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by:
(a) the Annexes referred to in Article 25a (2) (a) to (f); and
(b) the Annexes referred to in Article 14c which are affected by changes in the management of the relevant fund or funds for which authorisation is requested.
Authorisation to transfer the management of all participating or pension funds to another pension company
(To Article 109 (6) of the supplementary pension savings law and Article 58 (6) of the Pension Savings Act)
(1) An application for authorisation to transfer the management of all participating or pension funds to another pension company shall be made on a form the model of which is set out in Annex 19 to this Decree.
(2) The application referred to in paragraph 1 shall be accompanied by:
(a) the Annexes referred to in Article 25b (2) (a) to (k); and
(b) the Annexes referred to in Article 14c, which are affected by changes in the management of the funds for which authorisation is requested for the pension company to which the management of the participating or pension funds is to be transferred.
Merging of participating or pension funds
(K § 113 (8) of the Additional Pension Savings Act and Article 61 (4) of the Pension Savings Act)
(1) An application for authorisation to merge participating or pension funds shall be made on a form the model of which is set out in Annex 19 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by annexes in accordance with § 25d (2) (a) to (d).
Approval of the Statute and its amendments
(K § 97 (8) of the Additional Pension Savings Act and § 45 (8) of the Pension Savings Act)
(1) The application for approval of the Statute of the Participating Fund and its amendments shall be made on a form, a model of which appears in Annex 15 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by annexes in accordance with Paragraph 25e (2).
(3) Where a change to the Statute is to take place, the applicant shall attach to the application referred to in paragraph 1, in addition to the annexes referred to in paragraph 2, the annexes referred to in Article 25e (3).
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the application for approval of the Statute of the Pension Fund and its amendments and to the Annexes thereto.
Modification of the depositary
(Paragraph 96 (4) of the supplementary pension savings law and Section 26 (4) of the Pension Savings Act)
(1) An application for approval of an amendment to the depositary of a participating or pension fund shall be made on a form the model of which is set out in Annex 16 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by annexes in accordance with Paragraph 25f (2). ';
Parts sixth and seventh shall be renumbered as parts seventh and eighth.
26. In the title of Part Seven, the words "TO THE ACTIVITIES OF THE INVESTMENT COMPANY, THE INVESTMENT FUND AND THE DEVELOPMENT OF THE SPOT FUND 'are deleted.
27. After § 25j, the following § 25k and 25l are inserted:
Withdrawal of authorisation to operate a pension company
(For Paragraph 69 (4) of the supplementary pension savings law)
(1) An application for withdrawal of an authorisation for the activity of a pension company shall be made on a form, a model of which is given in Annex 18 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by the annexes referred to in Article 25i (2).
Withdrawal of the permit to create a participating fund
(Paragraph 111 (2) of the supplementary pension savings law)
(1) An application for withdrawal of an authorisation to establish a participating fund shall be made on a form, a specimen of which appears in Annex 19 to this Order.
(2) The application referred to in paragraph 1 shall be accompanied by the annexes referred to in Article 25j (2). ';
28. the following Annex 2b is inserted after Annex 2a:
"Annex No 2b to Decree No 233 / 2009 Coll.
MODEL
Application for authorisation to operate a pension company
29.
"Annex No 3 to Decree No 233 / 2009 Coll.
MODEL
Application for prior consent to the post of Head of Mission
(30) Annexes 7 to 10 shall read as follows:
"Annex No 7 to Decree No 233 / 2009 Coll.
MODEL
Request for consent to acquire or increase a qualifying holding in a regulated legal person / control of a regulated legal person
Příloha č. 8
Annex No 8 to Decree No 233 / 2009 Coll.
MODEL
Application for authorisation to convert a company or to conclude a contract for the transfer, cessation or lease of an undertaking or part of an undertaking
Příloha č. 9
Annex No 9 to Decree No 233 / 2009 Coll.
MODEL
Application for registration of an investment intermediary and its activities
Příloha č. 10
Annex No. 10 to Decree No. 233 / 2009 Coll.
MODEL
Application for registration of the list of tied representatives
31. Annex 12 shall read as follows:
"Annex No 12 to Decree No 233 / 2009 Coll.
MODEL
Application for registration of further business activities
32. Annexes No 15 and 16 shall read:
"Annex No 15 to Decree No 233 / 2009 Coll.
MODEL
Application for approval of the Statute and its amendments
Příloha č. 16
Annex No 16 to Decree No 233 / 2009 Coll.
MODEL
Application for approval of a change to the depositary
33. Annexes 18 and 19 shall read as follows:
"Annex No 18 to Decree No 233 / 2009 Coll.
MODEL
Application for authorisation to operate (investment companies, investment funds or pension companies)
Příloha č. 19
Annex No 19 to Decree No 233 / 2009 Coll.
MODEL
Application concerning participating / pension funds (permit to create, transfer of management, merger, withdrawal of authorisation)
Efficacy
This Decree shall take effect on the date of its publication, with the exception of points 17, 18 and 21, in Part 25 with regard to Sections 25gb, 25gc and 25gd (4), and in Part 27 with regard to Section 25l with effect from 1 January 2013.
Governor:
Ing. Singer, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 58 / 2012 Coll., amending Decree No. 233 / 2009 Coll., on applications, approval of persons and the method of demonstrating the professional competence, credibility and experience of persons and on the minimum amount of financial resources provided to the branch of a foreign bank, as amended by Decree No. 192 / 2011 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2012 |
|---|---|
| Effective from | 28.02.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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