Act No. 62 / 2006 Coll.
Act amending Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 257 / 2004 Coll., and other laws
Valid
Effective from 08.03.2006
62
THE LAW
of 3 February 2006
amending Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 257 / 2004 Coll., and other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 61 / 1996 Coll., Act No. 306 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 165 / 1998 Coll., Act No. 120 / 2001 Coll., Act No. 239 / 2001 Coll., Act No. 319 / 2001 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 257 / 2004 Coll., Act No. 439 / 2004 Coll. and Act No. 377 / 2005 Coll., is amended as follows:
1. in Article 2 (1), point (b) is deleted and the designation of point (a) is deleted;
2. Paragraph 2 is deleted.
Paragraph 3 shall become paragraph 2.
3. In the first sentence of Paragraph 5a (1), the words "and persons entitled to issue electronic money having their registered office in the Member States of the European Union 'shall be deleted and the word" person' shall be replaced by the word "bank '.
4. In the third sentence of Paragraph 5a (1), the words "and persons entitled to issue electronic money based in the Member States of the European Union 'shall be deleted.
5. In Paragraph 5a (2), the word "persons' is replaced by" banks'.
6. In Article 5a (3), the words "or persons authorised to issue electronic money 'and the words" and persons authorised to issue electronic money' are deleted.
7. In the second sentence of Article 5a (7), the words "or the person entitled to issue electronic money 'and the words", in the case of the person authorised to issue electronic money pursuant to paragraph 1' shall be deleted.
8. In Paragraph 38 (3), the dot at the end of point (i) is replaced by a comma and the following point (j) is added, including footnote 9c:
"(j) a financial arbitrator ruling under special legislation 9c) in a dispute between the appellant and the institution.
9c) Act No. 229 / 2002 Coll., on Financial Arbiter, as amended by Act No. 558 / 2004 Coll. '.
Amendment of the Act on the Czech National Bank
Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 60 / 1993 Coll., Act No. 15 / 1998 Coll., Act No. 442 / 2000 Coll., the Constitutional Court found under Act No. 278 / 2001 Coll., Act No. 482 / 2001 Coll., Act No. 127 / 2002 Coll., Act No. 257 / 2004 Coll. and Act No. 377 / 2005 Coll., is amended as follows:
1. in Article 2 (2), the following point (e) is inserted after point (d):
"(e) oversees the activities of electronic money institutions), branches of foreign electronic money institutions operating in the territory of the Czech Republic on the basis of a single licence, consolidation units of which the electronic money institution is incorporated in the territory of the Czech Republic, and other persons who issue electronic money pursuant to a special legislature1b),
(1a) Article 18b of Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 62 / 2006 Coll.
1b) § 19 of the Law on Payment, as amended by Act No. 62 / 2006 Coll. '
Point (e) shall be renumbered as point (f).
footnote 1a shall be renumbered footnote 1c, including the footnote reference.
2. Paragraph 2 (3) reads as follows:
"(3) The Czech National Bank shall cooperate in the performance of its tasks with the central banks of other States, the supervisory authorities of banks, electronic money institutions and financial markets of other States, and international financial organisations and international organisations dealing with the supervision of banks, electronic money institutions and financial markets."
3. in Article 24 (a):
"(a) by the measure published in the Czech National Bank Bulletin by the rules of prudent business of banks, branches of foreign banks, electronic money institutions) and branches of foreign electronic money institutions operating in the Czech Republic under a single licence,"
4. In Paragraph 26 (1), the word "discount 'is replaced by" lombardy'.
5. The following Section 26a is inserted after Section 26:
The rules for the fulfilment of the obligations set out in Sections 25 and 26 of the Czech National Bank shall be laid down by the measure published in the Bulletin of the Czech National Bank. "
6. In the second sentence of Paragraph 38 (1), the word "clearing 'is replaced by" clearing'.
7. in § 41 (2) (a):
"(a) banks, branches of foreign banks, electronic money institutions (1a) and branches of foreign electronic money institutions operating in the Czech Republic under a single licence,"
8. In Article 41 (2) (b), the words "or electronic money institution 'shall be inserted after the words" bank' and the words "banking 'shall be deleted.
9. In the second sentence of Article 41 (3), the words "and branches of foreign banks and the mandatory methodology for the compilation and organisational and communication conditions for the transmission of all information and supporting documents' are replaced by the words" branches of foreign banks, electronic money institutions) and branches of foreign electronic money institutions and the organisational and communication conditions for their transmission to the Czech National Bank '.
10. In Paragraph 41, at the end of paragraph 3, the sentence "The methodology for compiling all information and supporting documents shall be determined by the Czech National Bank by means of measures."
11. In Paragraph 41 (4), the second sentence is replaced by the following: "If a bank, a branch of a foreign bank, an electronic money institution, a branch of a foreign electronic money institution or another person, referred to in paragraph 2 (b), does not submit the required information and supporting documents, or the information and supporting documents are repeatedly incomplete or incorrect, the Czech National Bank shall, in accordance with the special legislature (9a), proceed to banks, branches of foreign banks, electronic money institutions, branches of foreign electronic money institutions and to other persons included in the consolidation unit, where such persons are required to provide information for supervision on a consolidated basis."
Footnote 9a:
"9a) Act No. 21 / 1992 Coll., on Banks, as amended. Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems, as amended by Act No. 257 / 2004 Coll. and Act No. 62 / 2006 Coll. '.
Footnote 9a to date shall be renumbered footnote 9b, including the footnote reference.
12. in Article 44 (1), the following point (b) is inserted after point (a):
"(b) the activities of electronic money institutions), branches of foreign electronic money institutions operating in the Czech Republic on the basis of a single licence, consolidation units of which the electronic money institution is incorporated in the Czech Republic, and other persons who issue electronic money pursuant to special legislation1b),"
Points (b) and (c) shall be renumbered (c) and (d).
13. in Article 44 (1) (c), the words "before the bank" shall be deleted;
14. in Paragraph 44 (2) (a), the words "and authorisations" shall be replaced by the words "authorisations and previous assents."
15. in the first sentence of Paragraph 49b (1), the words "within the limits of the law" shall be inserted after the words "publish."
16. in the second sentence of Paragraph 49b (1), the word "a" is replaced by a comma and the words "e-money institution" are added after the word "bank," the words "e-money institution" and branches of foreign electronic money institutions. "
Amendment to the Capital Market Enterprise Act
Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 635 / 2004 Coll., Act No. 179 / 2005 Coll. and Act No. 377 / 2005 Coll., is amended as follows:
1. in Paragraph 82 (4), point (c) shall be deleted;
Points (d) to (h) shall be renumbered (c) to (g).
2. in Paragraph 82 (4) (f), "e" is replaced by "d";
Amendment of the Trade Act
In Article 3 (3) (a) of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended by Act No. 120 / 2001 Coll., Act No. 256 / 2001 Coll., Act No. 477 / 2001 Coll., Act No. 281 / 2002 Coll., Act No. 162 / 2003 Coll., Act No. 354 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 38 / 2004 Coll. and Act No. 499 / 2004 Coll., the words "electronic money institution 11a), payment system operator 11b. 'shall be inserted after the word" bank, 11)';
footnotes 11a and 11b read:
"11a) § 18b of Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 62 / 2006 Coll.
11b) § 30 of Act No. 124 / 2002 Coll. '.
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Act No. 589 / 1992 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 2002 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 263 / 2002 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll.
1. In Paragraph 17 (2) at the end of the second sentence, the words "(a) and (c) 'are added.
2. Paragraph 19, including the title, reads:
Method of payment of premiums
(1) Insurance premiums are payable in Czech currency
(a) a cash-free transfer from an account held in the Czech Republic with a bank or savings and credit cooperative, or from an account held abroad, to the relevant account of the relevant social security administration (Sections 9 and 10);
(b) in cash through a bank, savings and credit cooperative or the holder of a postal licence in the Czech Republic to the relevant account referred to in (a), and by an amount not exceeding CZK 5,000, also by the employees of the relevant district social security administration authorised to receive insurance premiums; or
(c) in cash abroad for the relevant account referred to in (a).
(2) The date of payment of the premium is deemed to be:
(a) in the case of cash transfers from an account held in the Czech Republic with a bank or savings and credit cooperative, the date on which the write-off was made from the insurance payer's account;
(b) in the case of non-cash transfers from an account held abroad or in the case of cash payments abroad, the date on which the credit was made to the relevant account of the relevant social security administration (Sections 9 and 10);
(c) for cash payments in the Czech Republic, the date on which the bank, savings and credit cooperative, the holder of the postal licence or the relevant district social security administration accepted the cash.
(3) The bank holding a social security administration account is required to notify the social security administration of the date on which the payment was written off from the authorising officer's account or accepted in cash by the bank or by the savings and credit cooperatives. The holder of the postal licence shall communicate directly or through the participating bank to the social security administration the date on which he accepted the cash and the date on which he transmitted the cash payment to the bank which holds his account.
(4) The holder of the postal licence who received the payment by postal order shall forward it to the bank holding his account for the transfer within 2 working days of the date on which he received the payment; the time limits under the Payment Act shall apply for the further transfer of this payment.
(5) If the holder of a postal licence fails to comply with the deadline referred to in paragraph 4, he shall pay the social security administration interest equal to twice the discount rate fixed by the Czech National Bank on the first day of the calendar quarter in which he was to transfer the amount paid at the latest. The holder of the postal licence shall also be obliged to transfer to the social security administration the interest paid to him by the bank or savings and credit cooperatives for failure to comply with the deadlines under the Payment Act.
(6) Savings and credit cooperatives are required to provide, at the request of the social security administration, account numbers, data on their owners, cash stocks in accounts and on their movements and data on loans, deposits and deposits. '
Amendment to the General Health Insurance Insurance Act
In Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended by Act No. 59 / 1995 Coll., Act No. 29 / 2000 Coll. and Act No. 118 / 2000 Coll., § 17 including the title reads:
Method of payment of premiums
(1) Insurance premiums are payable in Czech currency
(a) a cash-free transfer from an account held in the Czech Republic with a bank or savings and credit cooperative, or from an account held abroad, to an account of the relevant health insurance undertaking; or
(b) in cash through a bank, savings and credit cooperative or the holder of a postal licence in the Czech Republic for the relevant account referred to in (a), and, where applicable, to the staff of the relevant health insurance undertaking authorised to receive insurance premiums.
(2) The date of payment of the premium is deemed to be:
(a) in the case of cash transfers from an account held in the Czech Republic with a bank or savings and credit cooperative, the date on which the write-off was made from the insurance payer's account;
(b) for non-cash transfers from an account held abroad, the date on which the credit was credited to the relevant account of the relevant health insurance undertaking;
(c) for cash payments in the Czech Republic, the date on which the bank, savings and credit cooperative, the holder of the postal licence or the relevant health insurance company accepted the cash.
(3) A bank with an account of the relevant health insurance undertaking is required to communicate to the competent health insurance undertaking the date on which the payment was debited from the originator's account or accepted in cash in the bank or in the savings and credit cooperative. The holder of the postal licence shall communicate directly or through the participating bank to the relevant health insurance undertaking the date on which he accepted the cash and the date on which the cash payment was transferred to the bank which holds his account.
(4) The holder of the postal licence who received the payment by postal order shall forward it to the bank holding his account for the transfer within 2 working days of the date on which he received the payment; the time limits under the Payment Act shall apply for the further transfer of this payment.
(5) If the holder of the postal licence fails to comply with the time limit referred to in paragraph 4, he shall pay the relevant health insurance company an interest equal to twice the discount rate of the Czech National Bank applicable on the first day of the calendar quarter in which he was to transfer the amount paid at the latest. The holder of a postal licence shall also be obliged to transfer to the relevant health insurance undertaking the interest paid to him by the bank or savings and credit cooperative for failure to comply with the deadlines under the Payment Act. '
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v. Sobotka v. r.
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Regulation Information
| Citation | Act No. 62 / 2006 Coll., amending Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 257 / 2004 Coll., and other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.03.2006 |
|---|---|
| Effective from | 08.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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