Act No. 85 / 2024 Coll.
Law amending certain laws in connection with the adoption of the Non-Performance Credit Market Act
Valid
Law
Effective from 01.05.2024
Text versions:
01.05.2024
11.04.2024
85
THE LAW
of 6 March 2024
amending certain laws in connection with the adoption of the Law on the Non-Performance Credit Market
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
In Article 267b of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 285 / 2009 Coll., Act No. 139 / 2011 Coll., Act No. 293 / 2013 Coll. and Act No. 307 / 2018 Coll., the following paragraph 2 is inserted after paragraph 1:
"(2) The performance of decisions on the assets of the non-executive credit manager, the foreign administrator of the non-executive credit or the non-banking consumer credit provider shall not be subject to the funds received by those persons in the management of the non-executive credit as debt to the credit trader under the law governing the non-executive credit market (109). ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
Footnote 109 reads:
"109) § 10 of Act No. 84 / 2024 Coll., on the Non-Performance Credit Market. '.
Amendment to the Banking Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 100, Act No. 2011, Act No. 100, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, No. 2011, No. 2011 / 2011, Act No. 2011, No.
1. in Article 1 (3), the following point (q) is inserted after point (p):
"(q) management of non-executive credit under the law governing the non-executive credit market,"
Point (q) shall be renumbered as point (r).
2. in Paragraph 1 (3) (r), "(p)" is replaced by "(q)."
3. In Article 5d, at the end of point (o), the dot is replaced by a comma and the following point (p) is added:
"(p) management of non-executive credit."
Transitional provision
A bank and a foreign bank which have a bank licence granted by the Czech National Bank on the date of entry into force of this Act shall be regarded as having been authorised to manage a non-executive loan under the law governing the non-executive lending market from the date of entry into force of this Act.
Amendment of the Act on savings and credit cooperatives
In Article 3 of Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Tax, as amended, as amended, Act No. 100 / 2000 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 230 / 2009 Coll., Act No. 371 / 2017 Coll., Act No. 338 / 2020 Coll., Act No. 254 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 135 / 2014 Coll., Act No. 333 / 2014 Coll., Act No. 371 / 2017 Coll., and Act No. 338 / 2020 Coll., Act No. 338 / 2020 Coll., is replaced at the end of paragraph 1 (i), which reads:
"(i) management of non-executive credit under the law governing the non-executive credit market for members."
Transitional provision
The savings and credit cooperative, which has the authorisation granted by the Czech National Bank on the date of the entry into force of this Act, is regarded as having been authorised to manage a non-executive loan under the law governing the non-executive lending market since the date of entry into force of this Act.
Amendment of the Administrative Charges Act
In entry 65 (4) of the Annex to Act No 634 / 2004 Coll., on Administrative Charges, as amended by Act No 96 / 2022 Coll., the following point (f) is added:
| „f) | k činnosti správce nevýkonného úvěru | Kč 20 000“. |
Amendment of the Consumer Credit Act
Act No. 257 / 2016 Coll., on Consumer Credit, as amended by Act No. 183 / 2017 Coll., Act No. 303 / 2017 Coll., Act No. 307 / 2018 Coll., Act No. 186 / 2020 Coll., Act No. 237 / 2020 Coll., Act No. 353 / 2021 Coll., Act No. 96 / 2022 Coll. and Act No. 462 / 2023 Coll., is amended as follows:
1. In Article 8 (3), the words "and 4 'are inserted after the number" 3'.
2. The following Section 9a is inserted after Section 9, including the title:
Further activity of non-bank consumer credit provider
The non-banking provider of a consumer credit may also, on the basis of an authorisation to operate a non-banking provider of a consumer credit, manage a non-executive credit under the law governing the non-performing market. '
3. In Article 15 (2), at the end of the text in point (h), the words "including procedures for a non-banking consumer credit provider to make an effort to apply appropriate measures prior to the opening of the creditor's claims proceedings as a result of consumer default 'shall be added.
4. In Article 15, the following paragraph 3 is inserted after paragraph 2:
"(3) The measures referred to in paragraph 2 (h) shall take account, inter alia, of the consumer's situation and may consist, for example, of:
(a) partial or total refinancing of the consumer credit; or
(b) a change in the liability of the consumer credit agreement, such as:
1. an extension of the duration of the consumer credit;
2. deferral of one or more instalments of consumer credit;
3. a reduction in the borrowing rate;
4. the change in the currency in which the consumer credit is expressed; or
5. a different change in the repayment of the consumer credit. ';
Paragraph 3 shall become paragraph 4.
5. in Article 55 (1) (b):
"(b) the subject matter of the activity referred to in Article 3 (1) (a) or (b) to the extent that the professional groups are concerned; in the case of a non-bank consumer credit provider, the subject matter of the activity referred to in Section 9a; ';
6. The following Section 101a is inserted after Section 101, including the title:
Information on the change in the content of the commitment from the consumer credit agreement
Before changing the content of the consumer credit agreement obligation, the provider shall provide the consumer with:
(a) a description of the proposed changes and, where relevant, whether the amendment is conditional on the consent of the consumer or results from the law;
(b) the expected date of effectiveness of the proposed amendments; and
(c) information on the possibility for the consumer to lodge a complaint at any time concerning proposed changes to the supervisory authority, including relevant contact details. ';
7. in Article 154 (1) (c):
"(c) if it is not a non-bank provider of consumer credit, it shall not introduce or apply Article 8 (3),
1. the rules of remuneration or the rules of control of the persons through which they operate;
2. the rules and procedures for assessing consumer creditworthiness; or
3. Rules governing the negotiations with late consumers'.
8. In Section 154 (3) of the introductory part of the provision, the words "to 3 'are replaced by" and 2'.
9. In Article 154 (3) (b), "point 1 'is replaced by" points 1 and 3';
10. In Section 155 (2) of the Introductory Part of the Provisions, the words "paragraphs 1 and 2 'are replaced by the words" paragraph 1'.
Amendment to the Payment Act
Act No. 370 / 2017 Coll., on Payment, as amended by Act No. 5 / 2019 Coll., Act No. 298 / 2021 Coll., Act No. 353 / 2021 Coll. and Act No. 129 / 2022 Coll., is amended as follows:
1. In Paragraph 189 (2), the last sentence is deleted.
2. In Article 236 (1) (c), "o) 'is replaced by" l'.
EFFECTIVE
This Law shall take effect on the first day of the month following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 85 / 2024 Coll., amending certain laws in connection with the adoption of the Law on the Market in Non-Performance Loans |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2024 |
|---|---|
| Effective from | 01.05.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 473
The regulation text is for informational purposes only.
Comments 0