Full text of Act No. 65 / 2004 Coll.
Full version of Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Tax, as amended by the Act No. 35 / 1993 Coll.
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65
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as is apparent from the amendments made by Act No. 83 / 1995 Coll. and Act No. 423 / 2003 Coll.
THE LAW
on building savings and state support for building savings
Parliament has decided on this law of the Czech Republic:
CONSTRUCTION
Definition of the concept of building savings
Construction saving is a special purpose saving consisting of
(a) in the acceptance of deposits (1) from participants in the building savings;
(b) in the provision of loans (1) to participants in building savings;
(c) in the provision of a contribution by natural persons of m2 (hereinafter referred to as "State aid") to building savings participants.
Building savings operator
(1) The operator of the building savings is the building savings bank. The building savings bank is a bank, 3) which can only carry out activities authorised in the bank licence granted to it, which are building savings and other activities under this Act (§ 9).
(2) In its activities, the building savings bank is subject to banking supervision under a special law, 4) unless otherwise provided for by that law.
The term "building savings' may be used only for the form of savings governed by this Act and the words" building savings bank ', their translations, or the words derived from them may only be used by the bank which is the operator of the building savings under this Act.
Building savings participant
(1) A participant in a building saving (hereinafter referred to as "participant") may be a natural or legal person.
(2) State aid may be granted:
a) citizen of the Czech Republic, 4a)
(b) a citizen of the European Union who has been granted a residence permit in the territory of the Czech Republic and assigned a birth number by the competent authority of the Czech Republic, 5)
(c) a natural person with permanent residence in the territory of the Czech Republic and a birth number assigned by the competent authority of the Czech Republic. (a)
(3) A natural person demonstrates compliance with the condition laid down in paragraph 2 by submitting a identity card or residence permit.
(4) The entitlement to State aid for the calendar year in question is established where the participant has met at least one of the conditions laid down in paragraph 2 throughout the calendar year, unless otherwise provided for in this Act. In the calendar year during which the savings period begins or ends, it shall be sufficient for the participant to meet at least one of the conditions referred to in paragraph 2 for the period of the savings period in the year concerned.
Construction savings agreement
(1) The person who enters into a building savings contract under the Civil Code on construction savings ("the contract") becomes a participant. In particular, the participant shall undertake to deposit deposits at the contracted amount with the building savings bank. The contract of the participant, if it is a natural person, shall include a statement of whether it requests State aid under this contract. This declaration may be amended once during the calendar year by the participant. The contract includes general commercial terms and conditions for building savings (hereinafter referred to as "general terms and conditions').
(2) A participant has the right to receive a loan from a building savings bank for the financing of residential needs (hereinafter referred to as the "building savings loan") after the fulfilment of the conditions of this Act and the conditions laid down by the building saver in general commercial conditions, in particular after the fulfilment of the conditions for ensuring its return.
(3) A loan from a building savings facility can be granted and used by a participant only to finance housing needs. The financing of the housing needs of the participant shall also include the financing of the housing needs of persons close to them. For the purposes of this Act, a relative shall be considered as close in a series of direct, sibling and husband.
(4) The duration of the waiting period for the provision of funds from the building savings loan must not be less than 24 months from the beginning of the saving period and depends on the conditions laid down in the general commercial terms of the building saver.
(5) The building savings bank may grant the participant a loan up to the target amount to cover the cost of the housing needs even if the participant is not yet entitled to a loan from the building savings.
(6) The contract must include the interest rate on deposits and the interest rate on the loan from the building savings. The difference between the interest rate on deposits and the interest rate on the loan from the building savings may amount to a maximum of 3 percentage points.
(7) The interest rate on deposits provided for in the contract may be unilaterally changed by the building savings bank if the participant, having fulfilled the conditions laid down by the building savings facility for granting the loan from the building savings in general commercial terms, does not accept the offer to grant the loan from the building savings bank and no less than 6 years have elapsed since the date of conclusion of the contract. The authorisation for this change and the method for determining the modified interest rate on deposits must be specified in the contract.
(8) The participant is obliged to notify in writing, throughout the contract period, to the building savings banks all the facts affecting compliance with the conditions laid down by this Act and the general terms and conditions of trade. In particular, the participant shall demonstrate to the building savings bank the use of the credit within the meaning of paragraphs 3 and 5 on residential needs.
(9) The target amount shall be equal to the sum of deposits, State aid, building savings credit and interest on deposits and State aid, minus the income tax on those interest. The amount saved shall be equal to the sum of the deposits, interest on deposits and interest on the State aid advances credited, reduced by the income tax on those interest and the remuneration charged to the building savings bank. The amount saved cannot be transferred to another person at the time of the saving.
(10) The savings period shall begin on the date of conclusion of the contract and end on the date of conclusion of the contract for a loan from a building savings bank, but first on the expiry of the waiting period referred to in paragraph 4, or by the payment of the balance of the participant's building savings account, at the latest on the date of termination of the contract or by the termination of a legal person as a participant.
Housing
(1) The housing needs of a participant who is a natural person for the purposes of this Act are:
(a) construction of an apartment building, 6) family house, 7) or an apartment owned under special legislation, 8)
(b) a change of construction to an apartment building, family house or apartment,
(c) the purchase of a house, family house or apartment, including the construction of such houses or apartments,
(d) purchase of land in connection with the construction or purchase of an apartment house, family house or apartment, including a built-up apartment house, family house or apartment, or other residential needs;
(e) the repayment of a member's contribution or share in a legal person of which the participant is a member or member, if the participant becomes a tenant of the apartment, or if he has any other right of use for the apartment, in a housing or family home owned by that legal person,
(f) change of construction, maintenance of construction or maintenance work
1. an apartment building or a family house, where these are owned or co-owned by a participant or a legal person of which the participant is a member or a member, and the participant is a tenant of an apartment in such an apartment or family house, or where he is using that house for other legal reasons,
2. apartment owned or co-owned under special legislation, (8) including payment of the share of the change, maintenance or maintenance work relating to the common parts of the house;
3. an apartment in an apartment house or a family house, if the participant is its tenant, or if he is using the apartment for other legal reasons, and construction works are carried out with the consent of the owner of the apartment house or family house, if such consent is necessary under special legislation, 9)
(g) settlement of the joint capital of spouses or the settlement of joint owners or heirs, where appropriate, where the settlement is the subject of a joint ownership interest in the purposes referred to in points (a) to (e) and (h);
(h) payment for the transfer of membership rights and obligations in the cooperative, or for the transfer of a share in a legal person, if the participant becomes a tenant of the apartment, or if he has any other right of use of the apartment in an apartment or family home owned by the legal person concerned by the transfer of the rights and obligations or the transfer of the holding;
(i) a solution to the housing needs referred to in points (c) and (d) by means of a transfer or transfer by way of payment under special legislation, 10)
(j) the connection of an apartment house or family house, or a house with apartments owned under a special legislation (8) to public networks of technical equipment, where the participant is the owner or co-owner of the connected building;
(k) repayment of a loan or loan used to finance the housing needs referred to in (a) to (j) with the exception of fines or other penalties.
(2) In the case of a participant who is a legal person, the use of a credit from a building savings account for residential needs is considered to be the use of a credit
(a) for the purposes referred to in paragraph 1 (a) to (f) and (i);
(b) to repay the loan or loan used to finance the housing needs referred to in paragraph 1 (a) to (f) and (i); or
(c) the construction of technical equipment networks.
(3) The housing needs referred to in paragraphs 1 and 2 must be located in the Czech Republic.
General terms and conditions
(1) The building savings bank is obliged to draw up general terms and conditions. The General Terms and Conditions are subject to approval by the Ministry of Finance ("the Ministry ').
(2) The general commercial conditions of the building savings bank are published in an appropriate manner.
(3) The general terms and conditions shall include at least the following:
(a) the conditions for conclusion of contracts and the procedure of the building savings bank for their conclusion, modification and termination;
(b) conditions and conditions for obtaining a loan from the building savings;
(c) the conditions for the conclusion of credit agreements from the building savings bank and the process of the building savings bank in their conclusion, modification and termination;
(d) the procedure for the termination of a building savings bank or for the withdrawal of a bank licence.
Death of a building savings participant
(1) In the event of the death of a participant, the rights and obligations arising from the building savings shall be transferred to the surviving spouse. This shall be taken into account by the court in the succession proceedings.
(2) If the surviving spouse is not the subject of inheritance, the rights and obligations arising from the building savings shall be assessed by the heirs in the inheritance settlement agreement that one of them shall take over the rights and obligations of the building savings.
(3) If there is no agreement between the heirs referred to in paragraph 2, the building savings contract shall cease on the date of death of the deceased and only the amount saved, including interest and proportional State aid, shall be settled in the inheritance proceedings on the date of death of the participant in the building savings.
Other activities of the building savings bank
(1) A building savings bank may, in addition to the activities referred to in Article 1:
(a) to provide loans to persons whose products and services are intended to meet residential needs;
(b) receive deposits from banks, foreign banks, branches of foreign banks, financial institutions, foreign financial institutions and branches of foreign financial institutions;
(c) to provide guarantees for loans from building savings, loans granted under Article 5 (5) and loans referred to in point (a);
(d) trade on its own account in mortgage bonds and similar products issued by Member States by the Organisation for Economic Cooperation and Development;
e) Trade for own account in bonds issued by the Czech Republic, bonds for which the Czech Republic has taken over the guarantee and bonds issued by the Czech National Bank,
(f) trade for own account in bonds issued by Member States by the Organisation for Economic Cooperation and Development, central banks, financial institutions of those States, and banks established in those States, as well as in bonds guaranteed by those States and bonds issued by the European Investment Bank, Nordic Investment Bank and the European Central Bank;
(g) to carry out payment transactions and its settlement in connection with the activities of the building savings bank;
(h) provide banking information;
(i) enter into transactions to hedge against monetary and interest risk;
(j) to conduct financial brokerage.
(2) The activities referred to in paragraph 1 may be carried out by the building savings bank only if its obligations arising from contracts concluded are guaranteed as a matter of priority and there is no shortening of the repayment periods of loans from the building savings or the waiting periods for their provision.
(3) The share of the sum of the target amounts for contracts concluded by the building savings institution with legal entities in the sum of the target amounts for contracts not yet eligible for the building savings loan may not exceed 15%. The claims on loans referred to in paragraph 1 (a) and on loans referred to in Article 5 (5) shall not exceed 20% of the total of the target amounts.
(4) The building savings bank can only deposit funds with banks located in the Czech Republic, branches of foreign banks operating in the Czech Republic or with foreign banks located in the territory of a Member State of the European Union and only provided that its obligations arising from the contracts concluded are guaranteed as a priority and that the maturity of loans from the building savings is not reduced or the waiting periods for their provision are extended.
(5) The building savings bank can only obtain the necessary resources from banks, foreign banks, branches of foreign banks, financial institutions, foreign financial institutions and branches of foreign financial institutions. The building savings bank may also issue bonds with a maturity of up to 10 years.
(6) A building savings bank may only have equity interests in legal persons engaged in or produced for the construction of apartments and family houses for these purposes, in ancillary banking services and in other building savings banks.
(7) Participation in a legal person as referred to in paragraph 6 shall not exceed one third of the capital of a legal person and the sum of participation in legal persons shall not exceed 15% of the capital of the building savings bank. This does not apply to the acquisition of shareholdings in other construction savings banks and in ancillary banking enterprises.
(8) The building savings bank may acquire only the properties which secure its claims or the properties intended for the performance of the activities of that building savings bank.
Information system
(1) For the purposes
(a) checks on compliance with the conditions for granting State aid;
(b) processing of an application for an annual advance on State aid, supplementing and correcting the application;
(c) the return of State aid to the Ministry by building savings banks;
(d) changes in participants' data;
the information system is operated in accordance with the specific legislation governing public administration information systems, 10a) whose administrator is the Ministry (hereinafter referred to as the Information System).
(2) The information system shall include participants who are natural persons:
(a) citizens of the Czech Republic to the extent
1. name, if any, and surname,
2nd birth number,
3. postal code of the address of the place of permanent residence,
4. the contract number, the date of its conclusion, the company building savings bank and the identification number of the building savings bank,
5. Date of end of saving period,
6. date, reason and type of contract change affecting the entitlement to State aid;
7. State aid granted,
(b) foreigners 10b) in the
1. name, if any, and surname,
2nd birth number,
3. postal code of the address of the place of residence in the Czech Republic,
4. type of residence;
5. the contract number, the date of its conclusion, the company building savings bank and the identification number of the building savings bank,
6. the date of the end of the saving period,
7. date, reason and type of contract change affecting entitlement to State aid;
8. State aid granted above.
(3) The Ministry shall introduce into the information system the data provided for in paragraph 2 which it receives from the building savings banks.
(4) The Ministry provides data from the information system to construction savings banks and participants, to the extent provided for by this Act. The Ministry shall provide data from the information system to the public administration bodies and bodies responsible for the performance of the public administration, where required by their activities under their statutory jurisdiction.
(5) In writing, in electronic form, the Ministry shall provide the data referred to in paragraph 2, in accordance with specific legislation governing electronic signature or on the technical medium of data, held in the information system concerning the participants who have concluded a contract with the building saver. Without an application, the Ministry of Construction provides these data only for the purpose of processing applications for annual State aid advances (Section 11). In other cases, the Ministry shall provide the data referred to in paragraph 2 only on the basis of its written request or request submitted in electronic form in accordance with the specific legislation governing the electronic signature. Construction savings banks which have so obtained data from the information system shall not collect, transmit or use them beyond the framework laid down by the specific legislation governing the protection of personal data.
(6) Upon a written request or request in electronic form, the Ministry shall provide the participant, in writing or, where the participant so requests, in electronic form, with the information referred to in paragraph 2 held in the information system to his or her person. In the application, the participant shall indicate:
(a) the name and, where applicable, the names and surnames,
(b) birth number,
(c) the address of the place of permanent residence with national citizens of the Czech Republic or the address of the place of residence in the Czech Republic with foreigners,
(d) the contract number, the date of its conclusion, the company building savings bank and the identification number of the building savings bank.
A written request shall be accompanied by an officially certified signature. For a minor, he shall request the provision of data under this paragraph by his legal representative. For a party deprived of legal capacity or a party whose legal capacity has been restricted by a decision of the court in such a way that he is not eligible to act under this paragraph, his guardian shall apply for the provision of data under this paragraph.
(7) Data in the information system registered on technical data media shall be kept for as long as is strictly necessary for the achievement of the objectives for which the data are collected and subsequently processed.
STATE AID
State aid amount
(1) State aid is the responsibility of the participant if he is a natural person, subject to the conditions laid down in this Act and is granted from the state budget of the Czech Republic in the form of annual advances.
(2) The State aid advance is 15% of the amount saved in the relevant calendar year, but not more than CZK 20 000.
(3 In doing so, State aid advances shall be referred to preferably from the amounts saved for contracts previously concluded, with the total of the State aid advances in respect of all the contracts of the participant in the relevant calendar year not exceeding the limit referred to in paragraph 2.
(4) The amount of savings in excess of CZK 20,000 in one year is transferred to the following year of saving in the event that the participant's contract is accompanied by a declaration that he is applying for State aid under this contract. This declaration may not be modified by a participant during the contract period.
Provision of State aid
(1) A participant shall be entitled to credit an annual advance of State aid to an account if it is a natural person, according to the amount actually saved in the relevant calendar year.
(2) The entitlement to payment of the advance on State aid is applied in writing to the Ministry for all participants in the building savings bank at the end of each calendar year. The building savings bank shall credit the required State aid advances to the participants' accounts no later than one month after receipt of the advance from the Ministry.
(3) In the application for annual State aid advances, the construction savings bank shall indicate the following:
(a) the list of participants for which an advance payment of State aid is required during a given period and the information necessary to verify that list of participants which are:
1. name, if any, and surname,
2nd birth number,
3. postal code of the address of the permanent residence of the Czech national citizens,
4. type of residence and postal code of the address of the place of residence in the Czech Republic with foreigners,
5. Contract number, date of its conclusion,
6. the date of the end of the saving period,
7. date, reason and type of change and other factors affecting entitlement to State aid which are not yet registered in the information system;
8. The amount of State aid requested,
(b) the list of participants who have entered into new contracts or cancelled contracts during the period in question and the list of participants who have not complied with the conditions of this Act for granting State aid;
(c) quantification of the total amount of State aid requested.
(4) The Ministry will point out to the building economy the amount of the annual State aid advances within two months of receipt of the application.
(5) In the event of an incomplete application or incorrect data, the Ministry shall be entitled to require the addition or correction of the application. The period referred to in paragraph 4 shall not run until the application has been completed or corrected.
(6) The request, supplement or repair thereof shall be processed using the information system. When examining an application, supplementing it or correcting it, the Ministry of the Interior is entitled to ask the Ministry of the Interior to compare the data of the information system with those kept in the population registration information system, 10c)
(a) State citizens of the Czech Republic in scope
1. name, if any, and surname,
2nd birth number,
3. postal code of the address of the place of permanent residence,
(b) foreigners within the scope of:
1. name, if any, and surname,
2nd birth number,
3. postal code of the address of the place of residence in the Czech Republic,
4th kind of stay.
(7) By decree, the Ministry sets out the date, method of submission and details of the application, including the way in which it is corrected or supplemented.
(8) The Ministry shall, in agreement with the Ministry of the Interior, provide for technical and organisational conditions for the comparison of data pursuant to paragraph 6.
Payment of State aid
(1) Pending payment to the participant, the State aid advances credited to the participant's account are only recorded.
(2) Advances of State aid, credited to the account of the participant until the end of the savings period, will be paid by the building savings bank to the participant:
(a) if, for a period of 6 years from the date of conclusion of the contract, the participant has not treated the amount saved; or
(b) where the participant has concluded a contract for a loan from a building savings account within a period of up to 6 years from the date of conclusion of the contract and uses the saved amount, the funds from that loan and these advances of State aid for residential needs.
(3) In other cases, the participant is not entitled to payment of State aid advances and the building savings bank is obliged to return the State aid advances registered in the participant's account to the Ministry within 2 months of the date on which the participant finds that the State aid advances have been lost.
(4) The beneficiary is entitled to payment of State aid only during the savings period, subject to the conditions of this Act.
(5) The execution of a decision affecting the sum saved or part of it shall also be considered to be the treatment of the amount saved under paragraph 2. The decision may not affect the advance payments of State aid registered in the participant's account.
Rights and obligations of the building savings bank
(1) The building savings bank checks that the participant is entitled to State aid registered in his account. If, for reasons of non-compliance with the conditions laid down by this Act, this right has ceased to exist, the building savings bank does not draw further State aid advances and is obliged to return the relevant amount of State aid advances received to the Ministry.
(2) The building savings bank checks that the conditions for the payment of State aid to the participant have been met. In the case of the use of a loan from a building savings bank, the amount saved or State aid paid in breach of this Act, the building savings bank is entitled to require the participant to repay the loan or part of it used in breach of the purpose of the loan and the State aid paid. In this case, the participant is obliged to repay the loan or part of it and to repay the State aid paid to the building savings bank within the time limit set by the building saver. State aid will be recovered from the building savings bank of the Ministry.
(3) The inspection referred to in paragraphs 1 and 2 shall be carried out by the building savings bank on the basis of documents submitted by the participant. The building savings bank shall be obliged to repay the State aid paid in the cases referred to in paragraphs 1 and 2 to the Ministry no later than 2 months after the date on which the reasons for the recovery of the State aid were established.
(4) For at least 10 years from the end of the contract, the building savings bank shall keep all documents relating to the payment of State aid. This provision is without prejudice to time limits where other legislation provides for longer periods.
(5) When returning State aid pursuant to paragraph 3, the construction savings bank may request the Ministry to amend the data relating to participants registered in the information system.
(6) Information on the State aid recovered pursuant to paragraph 3 and the request for amendment of the registered data of participants shall be processed using the information system.
(7) By decree, the Ministry shall determine the method of recovery of the State aid referred to in paragraph 3 and the method of submission and the details of the request for amendment of the data on the participants.
Registration of State aid
(1) The State aid shall be registered until it is paid to the participant or returned to the Ministry in the account of the participant so that it can be quantified at any time and shall be remunerated at the same rate as the principal contribution of the participant.
(2) In case of repayment of State aid to the Ministry, the interest accruing from State aid shall be left to the participant.
State control
(1) State control of compliance with the conditions for granting State aid laid down by this Act is carried out by the Ministry in accordance with the special legislation governing State control. To this end, the Ministry shall operate an information system.
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Regulation Information
| Citation | Full version of Act No. 65 / 2004 Coll., Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Addition of the Czech National Council Act No. 586 / 1992 Coll., on Income Taxes, as amended by the Czech National Council Act No. 35 / 1993 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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