Decree No. 86 / 2024 Coll.
Ordinance for the Implementation of the Non-Performance Credit Market Act
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Order
Effective from 01.05.2024
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86
DECLARATION
of 18 March 2024
to implement the Non-Performance Credit Market Act
The Czech National Bank provides pursuant to § 45 of Act No. 84 / 2024 Coll., on the non-performing credit market (hereinafter referred to as "the Act") for the implementation of § 7 (4), § 8 (3), § 13 (7), § 15 (3), § 17 (4), § 20 (6), § 22 (4) and § 23 (4) of the Act:
Subject matter
(1) This Decree provides for details of the formalities
(a) an application for authorisation to operate as a non-executive credit administrator; and
(b) notification
1. substantial changes to the data specified in the application for authorisation to operate the non-executive credit administrator;
2. the assignment of another person to the management of a non-executive loan, including annexes certifying compliance under § 13 (2) and (4) of the Act;
3. management of non-executive credit in the host Member State, including annexes containing documents certifying the facts contained in the notification;
4. changes to the data specified in the notification of the management of non-executive credit in the host Member State;
5. transfer of a non-executive loan to a credit trader;
6. the identity and address of the registered office of the person authorised to manage the non-executive credit for the credit trader who has its registered office or registered office in the Czech Republic; and
7. the identity and address of the registered office of the person authorised to manage the non-executive loan for the third-country credit trader.
(2) In addition, this decree shall lay down the formats and other technical details of the application referred to in paragraph 1 (a) and the notification referred to in paragraph 1 (b) and the deadlines for the submission of the notification referred to in paragraph 1 (b) (5).
Definition of terms
For the purposes of this decree:
(a) proof of integrity issued by a foreign State, a document similar to the extract from the Register of Penalties which may not be more than 3 months old, issued by a foreign State;
1. where the natural person concerned by the document is a citizen and is a foreign State in which the natural person has remained continuously for more than 6 months during the last 3 years; or
2. in which the natural person who is a citizen of the Czech Republic has remained continuously in the last 3 years for more than 6 months, unless the information required to assess integrity is contained in the Annex to the extract from the Register of Penalties; or
3. in which the legal person to whom the document relates has its registered office, or in which the legal person has its registered office, or in which the legal person has a commercial establishment or branch in the last 3 years, or in which he or she has his or her business or has his or her property, provided that the legal order of those States regulates the criminal liability of legal persons,
(b) information to assess the credibility of the birth number, birth and surname, date and place of birth, nationality, proof of integrity issued by a foreign State and data and evidence of the activities of the person under consideration over the last 5 years, i.e.:
1. the imposition of administrative penalties in connection with the performance of employment, function or business activities;
2. the bankruptcy decision;
3. suspension or withdrawal of authorisations for business or other activities; This does not apply if it has occurred at the request of the person holding the permit and this application has not been made at the time when the suspension or withdrawal of the business permit has already taken place,
4. Refusal of consent by a court or administrative authority to choose, appoint or other profession or to acquire a qualifying participation or to increase the qualifying participation or control of a person, where such consent has been required;
5. the imposition of disciplinary penalties by, or exclusion from, the professional chamber, association or association of persons working in the financial market;
6. unbundling of a work or similar relationship by the employer, removal from office or removal from a post linked to the management of property or similar status,
7. an assessment of the credibility of the court or administrative authority, if previously carried out, indicating that court or authority, the date of the assessment and the evidence of the outcome of the assessment; and
8. Other matters relevant to the assessment of credibility,
(c) identification data
1. in the case of a legal person, and in the case of an operating natural person, the name, trade name, if different from the name or name, registered office and identification number of the person, if assigned; and
2. in the case of a natural person who is not an entrepreneur, the name and the birth number, or, failing that, the date of birth and residence,
(d) a worker is a natural person who is in a basic employment relationship or similar relationship with another person or a natural person who is the head of a legal person;
(e) by another regulated institution, the person whose activity is the activity of a similar activity to that carried out on the financial market in the Czech Republic and subject to the authorisation of the Czech National Bank, if that person is established in another Member State and supervised in the State of his seat;
(f) data on professional practice shall contain a set of data for each activity carried out as a separate business, activity in an employment relationship or activity of a similar nature.
1. information on the type of professional experience;
2. an indication of the person to whom the professional practice is or has been carried out;
3. a description of the employment classification and, in the case of the importance of the practice for financial market activities, a description of the activity carried out and the extent of the powers and responsibilities associated with that activity, in the case of the performance of management functions, indicating the number of subordinates;
4. the definition of the duration of the activity referred to in point 3; and
5. proof of consent to the performance of a work assignment where such consent is required by other legislation;
(g) data on education
1. the name and type or type of educational institution, the study programme, the focus of the study programme, the standard period of study of the study programme, the method and date of completion of the study, and, where appropriate, the academic degrees obtained; and
2. an overview of professional examinations and courses, traineeships and study visits relevant to financial market activities, indicating the year of their completion and focus;
(h) a member of a statutory body, supervisory authority or other similar body of a legal person.
Application for authorisation to operate as a non-executive credit administrator
(K § 7 (4) of the Act)
The details of the application for authorisation to operate as a non-executive credit administrator are:
(a) the identification details of the applicant; and
1. where the applicant is a legal entity that has not yet been established, the founding act;
2. the address of the applicant's actual registered office, if different from the registered office;
3. the address of the applicant's e-mail and website, if available; and
4. whether the applicant is another regulated institution,
(b) a description of the organisation of the applicant and the related documents referred to in Annex 1 to this Order;
(c) information to assess the applicant's credibility;
(d) information on the applicant's managers as set out in Annex 2 to this Decree;
(e) information on a person who, by himself or by acting in agreement with another person, has a qualified participation in the applicant, in accordance with Annex 3 to this Order,
(f) documents proving the origin of the applicant's financial resources and of his controlling person;
(g) if the applicant also intends to receive cash as debt to a credit trader in the management of a non-executive loan pursuant to Article 10 of the Act, the contract or draft account agreement pursuant to Article 10 (1) (b) of the Act or any other document proving the intention of the parties to conclude such a contract and a description of the measures to protect funds, including:
1. a description of the provision of separate records pursuant to Section 10 (1) (a) of the Act; and
2. the designation of persons, their functions and their professional status within the organisational structure of the applicant who have access to the accounts pursuant to Paragraph 10 (1) (b) of the Act;
(h) a description of the administrative and accounting procedures, internal control system and system for the handling of complaints and complaints by debtors as referred to in Annex 4 to this Decree;
(i) draft internal rules governing compliance with obligations relating to measures to prevent the legalisation of proceeds from crime and terrorist financing; and
(j) a proposal for internal rules governing the rules governing negotiations with a debtor meeting the requirements of Article 11 (2) (d) of the Act.
Notification of a substantial change in the data specified in the application for authorisation to operate as a non-executive credit administrator
(K § 8 (3) of the Act)
The notification of a material change to the information specified in the application for authorisation to operate as an administrator of a non-executive credit or its annexes shall contain a material change to the change, supplemented by the update of the information referred to in Article 3, which is affected by such a material change.
Notification by the non-executive credit administrator of the mandate of another person by the management of the non-executive credit
(Paragraph 13 (7) of the Law)
The details of the notification details of the non-executive credit administrator wishing to entrust another person with any non-executive credit management activity shall be:
(a) identification data of the non-executive credit administrator;
(b) identification details of the delegate;
(c) the contract of entrustment of another person by the management of the non-executive credit, including a description of the activities to be entrusted to the delegate;
(d) the information referred to in Annex 1 and Annex 4 (f) to this Decree;
(e) a description of the operational activities to be entrusted to the delegate or, where appropriate, the scope of such operations; where significant operational activities are to be entrusted, as well as the expected impacts on the functioning of the management and management system with the administrator of the non-executive credit and the possibility of exercising supervision and listing of persons directly responsible for the management and control of the operational activities entrusted to the delegate and their inclusion in the organisational structure of the non-executive credit administrator;
(f) a description of the modified management system with the incorporation of changes related to the entrustment of operational activities to the entrusted person; and
(g) a description of the changes in the organisational arrangements of the administrator of the non-executive credit related to the staffing, technical and organisational security of the activity following the entrustment of the operations to the entrusted person.
Notification of management of non-executive credit in the host Member State
(Paragraph 15 (3) of the Law)
The details of the notification by the administrator of the non-executive credit on the management of the non-executive credit in the host Member State shall be:
(a) identification data of the non-executive credit administrator;
(b) the indication of the Member States pursuant to Article 15 (1) (a) of the Act;
(c) an indication of the way in which a non-executive credit is managed in the host Member State, depending on whether such activity is to be carried out in the host State by means of a branch or by means of an authorised person, and an indication of the name and address of the branch or identification data of the delegate;
(d) identification of the lead person who actually manages the management of the non-executive credit in the host Member State;
(e) an assessment of whether the management system of the non-executive credit administrator is appropriate in terms of compliance with the laws governing the protection of the debtor's rights in the host Member State and a brief summary of those rules, which supports the conclusions of the evaluation;
(f) the draft internal rules governing compliance with the obligations relating to measures against the legalisation of proceeds from crime and terrorist financing and the assessment of compliance with the requirements of the host Member State;
(g) a description of the means of ensuring communication with the debtor in the language of the host Member State or in the language agreed in the credit agreement.
Notification of a change to the data contained in the non-executive credit management notification in the host Member State
(Paragraph 17 (4) of the Law)
The notification of a change to the data specified in the notification of the management of the non-executive credit in the host Member State shall contain an indication of the change, supplemented by the updated information referred to in Article 6, which is affected by the change, depending on the nature of the change.
Notification of transferred non-performing loans to a credit trader
(Paragraph 20 (6) of the Law)
(1) The person referred to in Article 20 (1) of the Act (hereinafter referred to as "the reporting agent") shall, on the last day of each half-year, draw up and submit, by the end of the month following the end of each half-year, a notification of transferred non-performing loans to the credit trader as an NPL (CNB) statement 01-02 "Notification of transferred non-performing loans to the credit trader."
(2) Where the Czech National Bank pursuant to Article 20 (3) of the Act provides that the obligation under Article 20 (1) of the Act shall apply on a quarterly basis, the reporting agent shall draw up the statement referred to in paragraph 1 on the last day of each quarter and submit it by the end of the month following the end of each quarter.
(3) The content of the statement referred to in paragraph 1 is set out in Annex 5 to this Order.
Notification of a person authorised to manage a non-executive credit
(Paragraph 22 (4) of the Law)
(1) The details of the notification by the credit trader of the person authorised to manage the non-executive loan are:
(a) identification of the credit trader;
(b) identification of the person authorised to manage the non-executive credit; and
(c) the address of the actual registered office of the person authorised to manage the non-executive credit if different from the registered office.
(2) The notification of an amendment to the information referred to in the notification referred to in paragraph 1 shall contain the particulars and documents referred to in paragraph 1 which are subject to the change.
Notification of a person authorised to manage a non-executive loan for a third-country credit trader
(Paragraph 23 (4) of the Law)
(1) The details of the notification by the third-country trader of the person authorised to manage the non-executive loan are:
(a) identification of the trader in loans from a third country;
(b) identification of the person authorised to manage the non-executive credit;
(c) the address of the actual registered office of the person authorised to manage the non-executive credit if different from the registered office; and
(d) a copy of the contract by which the person authorised to manage the non-executive loan undertakes to manage and represent the non-executive loan in the performance of his obligations under the law.
(2) The notification of an amendment to the information referred to in the notification referred to in paragraph 1 shall contain the particulars and documents referred to in paragraph 1 which are subject to the change.
Formats and other technical details of applications and notifications
(1) Applications and notifications under this Order are to be submitted in a data format commonly used in electronic communications which does not allow the content to be changed.
(2) The reporting agent shall submit to the Czech National Bank the notification of the transfer of a non-executive loan to a credit trader pursuant to Section 8 in electronic form as a data message in the format and structure of the data files provided by the recognised electronic signature of the contact person, by means enabling remote access through the Internet application or user interface of the Czech National Bank's collection system.
(3) The reporting person shall communicate to the Czech National Bank the name, address of the workplace, telephone number and e-mail address of the contact person. The reporting agent shall inform the Czech National Bank without undue delay of changes to this data.
(4) If the reporting agent finds that the Czech National Bank has made an error or has made an amendment or additions to the data contained therein, the reporting agent shall submit to the Czech National Bank, without undue delay, a corrected report together with information on the content and the reason for the correction in accordance with paragraph 2.
Common provisions
(1) Where the nature of the case excludes the submission of the information or document for the application or notification required by this Decree and where this is not sufficiently apparent from the application or notification, the applicant or notifier shall justify not submitting the information or document in a separate annex to the application or notification and, where possible, shall provide evidence of those reasons.
(2) Where a foreign State does not issue a proof of integrity in accordance with Article 2 (a) and where the information necessary for the assessment of integrity cannot be substantiated by an annex to the extract from the Register of Penalties, it is annexed to the application form or to the notification of the person concerned of its integrity certified by the court, by the Office authorised or notary of the competent foreign State.
(3) A proof of integrity issued by a foreign State under Paragraph 2 (a) (1) may be replaced by an extract from the Register of Penalties, together with an annex containing the information entered in the criminal record of that foreign State.
(4) If the applicant does not demonstrate in the application that some of the conditions for granting an authorisation are met because of the preferential application of an international agreement which is part of the Czech legal order, he shall indicate this international agreement and the provision of which application is invoked.
(5) The applicant does not need to submit the data or documents required by this Decree if they are publicly available in the current form in the public administration information systems or if the Czech National Bank is available in the current form. Non-submission of such data or documents shall be justified by the applicant to the Czech National Bank.
(6) In cases where a decree requires a description, the applicant may, instead of a description, submit the relevant part of the internal regulation or its proposal, if it is already available.
(7) The applicant shall inform the Czech National Bank of the name of the contact person acting for it in proceedings before the Czech National Bank and its contact details, if different from the applicant.
Efficacy
This decree shall take effect on the first day of the month following its publication.
Governor:
Michl, Ph.D., v. r.
Příloha č. 1
Annex No 1
Description of the organisation and associated documents
The description of the organisation and associated documents shall include:
(a) a detailed organisational chart showing each unit of the applicant and a description of the scope of each unit;
(b) the estimated number of employees in the first 3 financial years of the management of the non-executive loan under the law;
(c) an indication of the operational activities the applicant intends to entrust to the delegate and, for each of those activities, a description of the arrangements for the performance of those activities by the delegate containing the identification data of the person to whom the applicant intends to entrust the performance of the operations, the place of activity, the identification data of the personnel directly responsible for the management and control of the operations entrusted to the delegate and their inclusion in the organisation structure of the applicant and the description of the operations and their extent;
(d) contracts or drafts of contracts with entrusted persons to whom the applicant intends to entrust the performance of a significant operational activity;
(e) a description of the use of the branch where the administrator of the non-executive credit intends to operate in the host Member State through the branch.
Příloha č. 2
Annex No 2
Information on managers
Information on managers is a list of managers and for each person
(a) identification data;
(b) information to assess credibility;
(c) an overview of the functions performed in the elected bodies and other functions in other legal entities to which the lead person has been appointed or otherwise called, over the last five years and for each of those legal entities, the identification data, the subject matter of the activity, the identification of the function performed, the period of performance of that function and the indication of whether the lead person intends to perform that function in that legal entity in parallel with that of the lead person of the applicant and whether the function is an executive or non-executive member;
(d) the proposed function of the lead person and its inclusion in the organisation of the applicant, a brief description of the performance of that function in terms of delegated powers and responsibilities, indicating whether the function is an executive or non-executive member, an appointment document, a contract or other similar document and the expected date of commencement and duration of the duties; and
(e) the applicant's report on the results of the evaluation of the suitability of the lead for the performance of the function to which the person is proposed, with a view to meeting the requirements of the credibility and expertise and experience of that person in terms of the collective suitability of the competent authority as a whole; in this context, the applicant shall provide data on professional experience and on the training of the proposed person.
Příloha č. 3
Annex No 3
Information on the person with qualifying holdings
Information on persons who, by themselves or by acting in agreement with another person, have qualified participation in the applicant shall be:
(a) graphically illustrated relationships between persons with a qualifying holding and, for persons acting in agreement, also the fact on the basis of which the concerted practice takes place;
(b) a description of the group structure of which the applicant will be part;
(c) a diagram showing the structure of the members of the applicant's members, indicating the persons who are considered as having qualified participation and the reasons for such qualifying participation;
(d) for each person with a qualifying holding,
1. identification data,
2. an indication of the amount of the share of the capital or voting rights expressed in percentage and absolute value or a description of any other form of application of a significant influence on the applicant, including whether the share is acquired directly or indirectly; in the case of an indirect share, the indication of the person through which the share is acquired;
3. information to assess compliance with the conditions of integrity and bankruptcy under § 6 (1) (e) of the Act;
4. an extract from a business register or other similar business records which may not be more than 3 months old, if it is a legal person or an undertaking natural person; and
5. as regards the controlling person of the applicant, financial statements and other documents proving the origin of the financial resources from which the acquisition of the holding referred to in point 2 has been or is due to be covered, allowing directly or indirectly to exercise decisive influence, and containing details of:
5.1. the use of private financial resources and the origin and availability of such resources, including documentation demonstrating that there are no attempts at money laundering in the acquisition of a holding;
5.2. The method of payment of the share acquisition and of the persons used for the transfer of financial resources,
5.3. access to financial markets, including details of investment instruments issued;
5.4. the use of borrowed financial resources, including the identification data of the relevant creditors and details of the financial resources provided, including maturity, conditions, deposits and guarantees, together with information on the source of income to cover such borrowings and the origin of the borrowed financial resources, where the creditor is not a supervised financial institution,
5.5. the financing agreement with another member of the applicant; and
5.6. the assets of the controlling party or the applicant sold for the purpose of financing the acquisition of the holding, as well as the terms and conditions of such sale, including the price, valuation, details of the characteristics of the property and of how it was acquired.
Příloha č. 4
Annex No 4
Description of administrative and accounting procedures, internal control system and system for handling complaints and complaints by debtors
Description of administrative and accounting procedures, internal control system and system for handling complaints and complaints by debtors
(a) the list and description of the identified risks to which the applicant will be exposed in the activities of the non-executive credit administrator and other related risks and the description of the measures to limit them, including the determination of an acceptable level of risk with an explanation for each identified risk;
(b) the procedures for carrying out the checks, including the frequency and number of staff to carry out the checks, the identification details of those staff, if any, and how to evaluate the results of the checks and take measures to address the deficiencies identified, including verification of the effectiveness of the corrective measures taken;
(c) accounting procedures for accounting cases relating to the activity of the non-executive credit administrator and a description of the method of reporting the assets and liabilities of the non-executive credit administrator on the balance sheet and the costs and revenues relating to the performance of the activity of the non-executive credit administrator in the profit and loss account;
(d) identification data of the person responsible for the management and management of the applicant, for the financial management and the establishment of the financial plan, for risk management, for information systems and communication technologies and for internal control functions, including periodic and continuous checks and checks on compliance with internal and national law and their consistency, and a CV containing information on competence and experience;
(e) a description of the procedures for managing conflicts of interest and identifying mutually incompatible functions;
(f) if the applicant intends to entrust the performance of a significant operational activity relating to the activity of the administrator of the non-executive credit to the delegate, also a description of how the effectiveness of the risk mitigation measures defined in the list referred to in point (a) is ensured, including ensuring the continuity of the activity provided, and a description of how the monitoring and control of that activity is carried out in order to maintain the level of quality of the internal control system, including a description of the rules for the selection of that person,
(g) a description of the means of monitoring and checking branches, where they have been established, within the framework of the internal control system, including an overview of the remote and on-the-spot checks which the applicant intends to carry out in the branches, and information on the frequency of their implementation and the means of securing;
(h) a description of the group's internal governance and internal control where the applicant is a person controlled by another regulated institution;
(i) a description of the procedure for dealing with debtors' complaints and complaints, including an indication of the contact point, e-mail address and person identification data, and of the services they have in charge of providing assistance to debtors in the event of complaints and complaints; and
(j) a description of the record keeping of complaints and complaints by debtors and of the measures taken to address them.
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Regulation Information
| Citation | Decree No. 86 / 2024 Coll. implementing the Law on the Market in Non-Performance Credits |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2024 |
|---|---|
| Effective from | 01.05.2024 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Dodatek č. 4 smlouvy o poskytování služeb fyzické ostrahy
Dopravní společnost Zlín-Otrokovice, s.r.o.
ATAK - bezpečnostní služba, s.r.o.
4 412 487 CZK
18.02.2025
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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