Decree No. 90 / 2006 Coll.
Order setting out the details of applications, notifications and minimum financial resources provided to the branch by a foreign bank
Valid
Effective from 01.04.2006
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90
DECLARATION
of 21 February 2006
determining the details of applications, notifications and minimum financial resources provided to the branch by a foreign bank
The Czech National Bank provides, pursuant to Sections 4 (1), 5 (5) and 20 (3) and (4) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 16 / 1998 Coll., Act No. 165 / 1998 Coll., Act No. 126 / 2002 Coll., Act No. 257 / 2004 Coll. and Act No. 377 / 2005 Coll., ("the Act '):
SUBJECT MATTER OF THE ADJUSTMENT
(1) This Order lays down the elements
(a) applications for a bank licence (hereinafter referred to as "licences");
(b) a request for the approval of the Czech National Bank to acquire or increase qualifying holdings in the Bank;
(c) requests for approval of a person concluding a control agreement with a bank or a person performing a legal act aimed at controlling the bank;
(d) a notice of a reduction of a qualifying holding in a bank or of the disposal of a controlling party against a bank.
(2) This decree also sets out the minimum amount of financial resources provided to the branch by a foreign bank.
APPLICATION FOR LICENCE
Forms of licence application submitted by a company established to act as a bank
(1) The application for a licence pursuant to Article 4 (1) of the Act, submitted on behalf of a company set up for the purpose of acting as a bank (hereinafter the "established bank"), consists of:
(a) the essential information set out in Annex 1 to this order,
(b) the concepts and principles of the Bank's activities referred to in paragraph 2;
(c) paper documents and documents referred to in paragraph 3;
(d) paper documents and documents relating to natural persons proposed as a bank manager (Section 6).
(2) The concepts and principles of the Bank's activities include:
(a) the strategic plan for the development of the established bank in particular in relation to the proposed business plan;
(b) a business plan set up by the Bank for the first three years, mutatis mutandis, to the extent of the financial statements in accordance with the special legislature1), together with a comment on its individual items, which in particular contains the basic bases on which the business plan is based,
(c) a description of the technical security of the individual activities and the expected number of employees to cover the planned activities of the established bank; technical security means, in particular, the corresponding computer system, information system, accounting system and statistical accounting systems;
(d) a comment on the structure and organisation of the bank established, which shall include the subject matter of the activities of the various departments, their links to other departments, competences and powers of the various departments;
(e) the principles of the bank's management and control system, including the risk management system.
(3) The paper documents and documents are:
(a) the founding agreement or instrument of the established bank and its statutes (2), specifying the facts provided for by the law (Sections 8 (4) and 9 (1) of the law);
(b) extracts from the commercial register of persons with qualifying holdings (Paragraph 17a (4) of the Act) based on a bank established; a legal person who is not registered shall provide proof of the existence of that person; the natural person who is not registered shall submit the relevant business authorisations; a foreign legal person or an operating foreign natural person3) shall present a document of a similar nature; the extract from the Commercial Register or a document of a similar nature shall not be more than 1 month old and shall correspond to the actual situation at the date of submission of the application;
(c) proof of the origin of the article of deposit (4) in the capital and proof of the origin of any other financial resources of the bank established;
(d) the annual reports and accounts of persons having a qualifying holding based on a bank for the 3 financial years that have elapsed or for the period during which those persons operate if that period is less than 3 financial years; where that person is part of a consolidation unit, also consolidated financial statements for the same period; where, pursuant to a special legislative provision (5), the accounts of a legal entity are audited by an auditor, the accounts shall be presented by an auditor; a foreign legal person or an operating foreign natural person3) shall submit documents to them on an equal footing;
(e) a description of the structure of the closely linked group (Section 4 (6) of the Act) to which the established bank belongs, including a communication as to whether the legal order and the method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 4 (5) (g), (h) and (i) of the Act); the entities belonging to a group with a close link shall be identified by the business firm or name, identification number or date of establishment and the place of establishment or place of business, if they are legal persons, names and surnames, date of birth and address of the place of permanent residence, if they are natural persons, a description of the method of interconnection of the group with close links and the subject matter of the activities of each group person with close links;
(f) an extract from the record of a criminal record not older than 1 month of the natural person who:
1. a person with a qualifying holding based on a bank; or
2. A statutory body or a member of a statutory body of a legal person who is a person with a qualifying holding on a bank established;
a natural person who is a national of the Czech Republic, who has been continuously present for more than 6 months in another State for the last 3 years, shall also submit a similar extract from the criminal record of that State not earlier than 3 months; (3) submit also a similar document, no more than 3 months old, issued by the State of which he is a citizen, as well as the States in which the natural person has been present continuously over the last 3 years for more than 6 months. Where the acquisition of such a document would be accompanied by disproportionate time entitlements or financial costs, the natural person referred to in points 1 and 2 may submit a declaration to replace that document,
(g) a professional biography of a natural person with a qualifying participation in a bank, indicating all the employment, business activities, other self-employed activities, the membership of a natural person with a qualifying participation in a bank in professional associations and the membership of that natural person in the bodies of other companies;
(h) the written opinion of the authority which exercises supervision in the country of its registered office over a legal person with a qualifying holding in the country of its registered office on the intention of that legal person to participate in the business of the bank in the Czech Republic, if it is a legal person over whom such supervision is exercised in the country of its registered office;
(i) proof of the amount of the paid-up capital of the established bank (Article 4 (5) (b) of the Act) at the time of submission of the application;
(j) a statement by the applicant and a person qualified to participate in a bank based on the fact that all data and documents submitted by them are up to date, complete and true.
(4) The basic data referred to in paragraph 1 (a) set out in Tables 1 to 4 of Annex No 1 to this Regulation and the concept and principles of the Bank's activities referred to in paragraph 1 (a). (b) they shall be submitted together as a bank established.
(5) Where a person with a share in the capital of a established bank of less than 10% or with a share in a established bank of less than 10% acts in accordance with another person (6), who has a share in the capital or voting rights of the established bank, and the sum of their shares exceeds or exceeds the qualifying holding of the established bank, the documents and documents referred to in paragraph 3 shall be submitted for each of those persons acting in agreement with the same paper documents and documents as those referred to in paragraph 3, which are evidenced by a person with a qualified participation in the founded bank.
(6) The licence application shall be submitted to the Czech National Bank in duplicate.
(7) If the application pursuant to Article 4 (1) of the Act contains the activity referred to in Article 1 (3) of the Act, the exercise of which is subject to a specific legislation for the granting of an authorisation (Article 1 (5) of the Act), such authorisation must be attached to the application.
Forms of licence application submitted by a public limited company
Where an applicant for a licence is an established public limited-liability company which intends to operate as a bank, the documents and documents referred to in Article 2 shall be submitted, provided that, in addition to the documents and documents referred to in Article 2 (3), the applicant further substantiates:
(a) a copy of the resolutions of all the general meetings of the applicant in which a change in the subject matter of the activity requiring a bank licence has been discussed, including the relevant amendment of the statutes;
(b) an extract from the applicant's commercial register;
(c) the applicant's annual reports and accounts for the 3 financial years elapsed or for the period during which the applicant operates, if that period is less than 3 financial years; where the applicant is part of a consolidation unit, also consolidated financial statements for the same period; where, pursuant to a special legislative provision (5), the applicant's accounts are audited by an auditor, the accounts shall be presented by an auditor.
Licence applications for a branch of a foreign bank
(1) If a foreign bank is an applicant for a licence for its branch under Section 5 (1) of the Act, the application shall consist of:
(a) the basic information set out in Annex No 2 to this Order,
(b) the concepts and principles of the operation of the branch of a foreign bank (hereinafter referred to as the branch) referred to in paragraph 2;
(c) paper documents and documents referred to in paragraph 3;
(d) paper documents and documents relating to a natural person proposed for the management of the branch (Section 6).
(2) The concepts and principles of the branch's activities include:
(a) the strategic objective of the development of the branch, in particular in relation to the proposed branch business plan;
(b) the business plan of the branch for the first three years, mutatis mutandis to the extent of the financial statements in accordance with the special legislature (1), together with a comment on its individual items, which in particular contains the basic bases on which the business plan is based;
(c) a description of the technical security of the various activities and the expected number of employees to ensure the planned activities of the branch; technical security means, in particular, the corresponding computer system, information system, accounting system and statistical accounting systems;
(d) a description of the applicant's management and control system, including the risk management system;
(e) information on the organisational structure of the branch and the definition of the branch's powers to decide and implement banking operations.
(3) The paper documents and documents are:
(a) a copy of the decision of the competent authority of the applicant on the intention to establish a branch in the Czech Republic;
(b) an officially certified copy of the document showing the applicant's existence in the country of his registered office of a similar extract from the commercial register or other registration of the applicant's country of registered office, including the scope of the applicant's business authorisation, statutes or equivalent document;
(c) the auditor of the audited annual report and the accounts of the applicant for the last 3 financial years; where the applicant is part of a consolidation unit, also consolidated financial statements for the same period;
(d) a description of the structure of the closely linked group (Section 4 (6) of the Act) to which the applicant belongs, including a statement as to whether the legal order and the method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 5 (4) (f), (g) and (h) of the Act); the entities belonging to a group with close links shall be identified by the business firm or name, date of establishment and place of establishment or place of business, if the entity is a legal person, name and surname, date of birth and address of the place of permanent residence, if the natural person is the natural person, a description of the method of interconnection of the group with close links and the subject matter of the activities of each group person with close links;
(e) proof of the earmarking of financial resources provided by a foreign bank to the branch to be established in the Czech Republic;
(f) the observations of the supervisory authority (Section 5 (2) of the Act),
(g) a statement by the applicant that all data and documents submitted by him are up to date, complete and true.
(4) The licence application for the branch shall be submitted to the Czech National Bank in duplicate.
(5) If the application under Section 5 (1) of the Act contains the activity referred to in Section 1 (3) of the Act, the exercise of which is subject to a specific law for the granting of an authorisation (Section 1 (5) of the Act), this authorisation must be attached to the application.
Minimum amount of resources provided
The volume of financial resources provided by the foreign bank to the branch must take into account the expected size and risk of the branch's business, but at least CZK 150 000 000.
Directors of the Bank and persons in charge of the branch
(1) The professional competence, credibility and experience of a natural person proposed as a manager of a bank employee or a branch manager (hereinafter referred to as the "person proposed to lead") shall be evidenced by the documents and documents referred to in paragraphs 2 and 3 by the applicant.
(2) The paper documents and documents are:
(a) an extract from the register of punishments not earlier than 1 month of the person proposed to lead; the person proposed to be in charge, who is a national of the Czech Republic, if he has been continuously present in the last 3 years for more than 6 months in another State, shall also submit a similar extract from the criminal record of that State not earlier than 3 months; (3) a similar document, no more than 3 months old, issued by the State of which he is a citizen, as well as the States in which he has remained continuously for more than 6 months over the last 3 years. Should the acquisition of such a document be linked to disproportionate time entitlements or financial costs, the person proposed to lead may submit a declaration to replace that document,
(b) a professional CV of the person proposed to lead, indicating all employment, business activities, other self-employed activities, membership of the person proposed to lead in professional associations and membership of the authorities of other companies, including those already completed; where the person proposed to lead has held the lead, indicate in all cases the scope of the powers and responsibilities conferred on him and the number of persons controlled by him;
(c) the questionnaire provided for in Annex 3 to this Order, completed by the person proposed to lead,
(d) the documents or their officially certified copies of the education achieved by the person proposed to lead;
(e) a brief conception of the performance of the duties to be exercised by the person proposed to lead;
(f) a statement by the person proposed to the management that all documents and documents submitted to him under points (a) to (e) are up to date, complete and true.
(3) In addition to the required paper documents and documents referred to in paragraph 2, additional paper documents and documents may be submitted to demonstrate the professional competence, credibility and experience of the person proposed to lead, such as references or work reports from previous employment.
REQUEST FOR A CONFORMITY WITH THE CONFORMITY OR EXTENSION OF THE QUALIFIED PARTICIPATION, THE PERSON CLOSING THE MANAGEMENT TREATY WITH THE BANK OR IMPLEMENTING THE LEGAL ACT INTENDING TO THE MANAGEMENT OF THE BANK AND NOTIFICATION OF THE REDUCTION OF THE QUALIFICATED PARTICIPATION OR THE PERFORMANCE OF THE CONSIDERATION OF THE AUTHORITY
Forms of application for approval to acquire or increase qualifying holdings in a bank submitted by a natural person
(1) If a natural person is an applicant for consent under Paragraph 20 (3) of the Act, the application shall consist of:
(a) the basic information set out in Annex 4 thereto,
(b) development concepts;
(c) paper documents and documents referred to in paragraph 3.
(2) The development concept referred to in paragraph 1 (b) shall include a strategic intention to develop the Bank's activities, which shall be submitted in the intention to acquire or increase a qualified participation in the Bank to at least 33% of its capital or voting rights, or if, as a result of the acquisition or increase of a qualifying holding, the Bank becomes a controlled entity in relation to the applicant or persons acting in agreement with him, and the applicant's intentions concerning the staffing of the management and statutory body of the Bank.
(3) The paper documents and documents are:
(a) an extract from the register of the applicant's criminal record not earlier than 1 month; a natural person who is a national of the Czech Republic, who has been continuously present for more than 6 months in another State for the last 3 years, shall also submit a similar extract from the criminal record of that State not earlier than 3 months; (3) submit also a similar document, no more than 3 months old, issued by the State of which he is a citizen, as well as the States in which he has remained continuously over the last 3 years for more than 6 months. Should the acquisition of such a document be linked to disproportionate time entitlements or financial costs, the applicant may submit a declaration to replace that document,
(b) evidence of the origin of the applicant's funds from which the acquisition or increase of qualifying holdings in the bank is covered;
(c) the professional CV of the applicant, indicating all employment, business activities, other self-employed activities, membership of the applicant in professional associations and membership of the authorities of other companies;
(d) a description of the structure of the closely linked group (Section 4 (6) of the Act) with the bank of which the applicant is part, including a statement as to whether the legal order and method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision by the Czech National Bank (§ 4 (5) (g), (h) and (i) of the Act); the entities belonging to a group with a close link shall be identified by the business firm or name, identification number or date of establishment and the place of establishment or place of business, if they are legal persons, names and surnames, date of birth and address of the place of permanent residence, if they are natural persons, a description of the method of interconnection of the group with close links and the subject matter of the activities of each group person with close links;
(e) a description of the relationship between the applicant and the bank in which the applicant intends to take a qualified participation and the relationship of the applicant to persons with a special relationship to that bank (Section 19 of the Act);
(f) a statement by the applicant that all the particulars and documents submitted by him are up to date, complete and true.
Forms of application for approval to acquire or increase a qualifying holding in a bank submitted by a legal person or by an undertaking
(1) If the applicant for consent under Section 20 (3) of the Act is a legal person or an undertaking natural person, the application shall consist of:
(a) the basic information set out in Annex 4 thereto,
(b) development concepts;
(c) paper documents and documents referred to in paragraph 3.
(2) The development concept referred to in paragraph 1 (b) shall include a strategic intention to develop the Bank's activities, which shall be submitted in the intention to acquire or increase a qualified participation in the Bank to at least 33% of its capital or voting rights, or if, as a result of the acquisition or increase of a qualifying holding, the Bank becomes a controlled entity in relation to the applicant or persons acting in agreement with him, and the applicant's intentions concerning the staffing of the management and statutory body of the Bank.
(3) The paper documents and documents are:
(a) an extract from the applicant's business register; a legal person who is not registered shall submit a document proving its existence and the natural person who is not registered in the commercial register shall submit appropriate business authorisations; a foreign legal person or an operating foreign natural person3) shall present a document of a similar nature; the extract from the Commercial Register or a document of a similar nature shall not be more than 1 month old and shall correspond to the actual situation at the date of submission of the application;
(b) the written opinion of the supervisory authority of the applicant in the country of its registered office on the intention of the applicant to acquire or increase qualified participation in the bank if the applicant is a legal person for whom such supervision is exercised in the country of its registered office;
(c) evidence of the origin of the applicant's funds from which the acquisition or increase of qualifying holdings in the bank is covered;
(d) the applicant's annual reports and financial statements for the 3 financial years elapsed or for the period during which he carries on business if that period is less than 3 financial years; where the applicant is part of a consolidation unit, also consolidated financial statements for the same period; where the legal entity's financial statements are to be audited in accordance with specific legislation (5), the financial statements shall be presented as verified by the auditor; a foreign legal person or a foreign natural person3) submits documents to them on an equal footing;
(e) a description of the structure of the closely linked group (Section 4 (6) of the Act) with the bank of which the applicant is part, including a communication as to whether the legal order and the method of its application in the State in whose territory the group has close links does not prevent the exercise of banking supervision of the Czech National Bank (§ 4 (5) (g), (h) and (i) of the Act); the entities belonging to a group with a close link shall be identified by the business firm or name, identification number or date of establishment and the place of establishment or place of business, if they are legal persons, names and surnames, date of birth and address of the place of permanent residence, if they are natural persons, a description of the method of interconnection of the group with close links and the subject matter of the activities of each group person with close links;
(f) extracts from the records of the Register of Penalties not earlier than 1 month of senior staff of the applicant; a natural person who is a national of the Czech Republic, if he has been continuously present in another State for more than 6 months over the last 3 years, shall also submit a similar extract from the criminal record of that State not earlier than 3 months; (3) submit also a similar document, no more than 3 months old, issued by the State of which he is a citizen, as well as the States in which he has remained continuously over the last 3 years for more than 6 months. Should the acquisition of such a document be linked to disproportionate time entitlements or financial costs, the lead staff member of the applicant may submit a declaration to replace that document,
(g) a description of the relationship between the applicant and the bank in which the applicant intends to take qualified participation and the relationship of the applicant with persons with a special relationship to that bank (Section 19 of the Act);
(h) a statement by the applicant that all data and documents submitted by him are up to date, complete and true.
Forms of the request for approval of the person entering into the control agreement with the bank or the person carrying out the legal act aimed at controlling the bank
(1) A person concluding a control contract with a bank or carrying out another legal act aimed at controlling a bank pursuant to Article 20 (3) of the Act shall submit the documents and documents referred to in Article 7, if the applicant is a natural person, or if the applicant is a legal person or an undertaking natural person, provided that:
(a) does not provide the information referred to in Tables 2 B., 2 C. and 7 of Annex 4 to this Decree;
(b) provide a justification for the intention to exercise a significant influence on the management of the bank and the paper documents and documents referred to in paragraph 2.
(2) The paper documents and documents are:
(a) a draft control contract or other contract on the basis of which the bank is controlled;
(b) proof of the origin of the funds from which the obligation against non-standing companies will be fulfilled (7), provided that a control contract is concluded;
(c) the documents referred to in Article 7 (3) (a), (c), (d) and (f), if it is a natural person, or in Article 8 (3) (a), (d) to (f) and (h), if it is a legal person or an undertaking natural person;
(d) the written opinion of the supervisory authority of the applicant in the country of its registered office on the intention of the applicant to conclude a control agreement with the bank or to perform any other legal act aimed at controlling the bank pursuant to Article 20 (3) of the Act if the applicant is the person to whom such supervision is exercised in the country of its registered office;
(e) a description of the relationship between the applicant and the bank with which the control agreement is concluded or with which another legal act is carried out to control it and the applicant's relations with persons with a special relationship to that bank (Section 19 of the Act).
Persons acting in conformity
(1) Persons acting in accordance with Article 20 (3) of the Act on the granting of consent to the acquisition or increase of qualifying holdings in a bank shall proceed in accordance with Article 7, if the applicant is a natural person or under Article 8, if the applicant is a legal person or an undertaking natural person, to the extent that the persons acting in agreement are jointly processing:
(a) the basic data according to Tables 6 A. and 6 B. of Annex 4 to this Decree; and
(b) the development concept referred to in § 7 (2) or under § 8 (2).
(2) If a person who is a person acting in agreement should, at the same time, acquire a qualifying participation or increase it in accordance with § 20 (3) of the Act, that person shall also submit a request pursuant to § 7 or 8.
(3) The request for approval of the acquisition of a qualifying holding in a bank referred to in paragraph 1 shall also be submitted by persons who have previously acquired a qualifying holding in a bank in accordance with the law and have subsequently become persons acting in accordance with the laws of the Member State in which the total qualifying holding in the bank takes place.
(4) Applications for persons acting in agreement shall be submitted by the person empowered to do so. Full powers from all persons acting in agreement are part of the request for approval of the Czech National Bank.
Forms of notification of a reduction of qualifying holdings
(1) Before the planned reduction of the qualifying participation in a bank pursuant to Article 20 (4) of the Act, or before the expiry of the position of controlling person, a natural person, an undertaking or a legal person shall send to the Czech National Bank the completed form "Notification of the reduction of the qualifying participation in a bank ', the model of which is set out in Annex 5 to this Decree.
(2) Persons acting in conformity shall send to the Czech National Bank, through their authorised person, the form referred to in paragraph 1, completed individually for each person. Similarly, a person who has ceased to be a person acting in agreement shall proceed.
SPECIAL PROVISIONS
If the person requesting approval to acquire or increase a qualifying holding in a bank is a person who has previously been authorised by the Czech National Bank to acquire a qualifying holding in that bank, that person shall submit only the basic data listed in the tables in Annex 4 to this Order and the paper documents and documents referred to in § 7 (3) or § 8 (3), which have been modified in relation to the condition in which he was granted the consent to acquire a qualifying holding in the bank. The declaration in this case indicates that the other data and paper documents submitted to the Czech National Bank in the previous request for approval to acquire or increase the qualifying participation remain unchanged. Paragraphs 7 (2) and 8 (2) are without prejudice to this.
(1) Where a person who has been granted consent to acquire or increase a qualifying holding in a bank intends to conclude a control contract with that bank and if all the information given in the previous application remains unchanged on the date of submission of the new application, that person shall state that fact in the application and submit only:
(a) a draft control contract or other contract under which control of the bank will be exercised;
(b) the development concept according to § 7 (2) or § 8 (2), if it has not already been submitted to the Czech National Bank before, and
(c) proof of origin of the funds from which the obligation against non-resident members will be fulfilled.
(2) Where the information contained in the previous application has changed on the date of submission of the application, the applicant shall submit the documents referred to in paragraph 1 and the particulars, documents and documents referred to in Article 12.
(1) Where an applicant for consent pursuant to Article 20 (3) of the Act is a legal person who is a bank established in the territory of a Member State of the European Union or a financial institution under a specific law having its registered office in a Member State of the European Union enjoying the benefits of a single licence, and that legal person is subject to supervision by the competent authority in the country of its registered office and that authority has no objection to the intention to acquire or increase qualified participation in a bank, the application for consent under Article 20 (3) of the Act shall not be supported by documentary documents and documents referred to in Article 8 (3) (c), (d), (e) and (f).
(2) Where the applicant is a legal person different from the persons referred to in paragraph 1 which:
(a) conduct business for more than 5 years, or if it is a legal person resulting from a merger, and at least one of the persons who died as a result of the merger would have fulfilled this condition at the time of the application;
(b) is rated by credit rating agencies by an investment grade rating;
the documents and documents referred to in Article 8 (3) (c) and (d) are not documented in the application under Section 20 (3) of the Act.
(3) Paragraph 12 is without prejudice to paragraphs 1 and 2.
(4) Where a person satisfying the conditions referred to in paragraph 1 or 2 is a person with a qualified participation in an applicant for a licence, the application shall not be accompanied by the documentary documents and documents referred to in Article 2 (3) (d) relating to such a person. Where they are a person referred to in paragraph 1, the documents referred to in Article 2 (3) (f) shall not be supported.
(5) If the applicant is to obtain a qualified participation in a bank pursuant to Article 20 (3) of the Act through a bank or financial institution having its registered office in a Member State of the European Union enjoying the benefits of a single licence and that bank or financial institution is subject to the supervision or supervision of the competent authority of the country of its registered office, the applicant shall notify the Czech National Bank of this fact and shall not substantiate the facts referred to in paragraphs 7 and 8. In this case, the applicant shall submit to the Czech National Bank only a final decision by the competent supervisory authority or the supervision of the country of the seat of the bank or financial institution which has been granted approval to acquire a qualifying holding in the bank or financial institution through which the applicant receives a qualifying holding in the bank. Where such a decision is not issued by the competent supervisory authority in the country of the seat of the bank or financial institution, the applicant shall submit a written statement by the competent supervisory authority or the supervision of the country of the seat of the bank or financial institution that the applicant has obtained a qualified participation in the bank or financial institution through which he acquires a qualifying participation in the bank, in his knowledge and in accordance with the law of the country of the seat of the bank or financial institution.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions
(1) The signatures of persons on applications or notifications submitted shall be officially verified. This does not apply if the application or notification is submitted by a person whose current signatures are available to the Czech National Bank.
(2) Where the applicant or notifier is represented by a power of attorney, the application shall be accompanied by the power of attorney of the applicant or the notifier, with the official signature of the principal.
(3) The authentic instrument issued by an authority of another State must be accompanied by a higher verification of the documents (superlegalized) 8 or by an appendage in accordance with the relevant international contract (9), unless otherwise declared by the international treaty, which the Czech Republic is bound by.
(4) Where such a decree requires the presentation of accounts or consolidated accounts and of the applicant or of a person with a qualifying holding in the applicant is a person established outside the territory of a Member State of the European Union, the accounts and consolidated accounts drawn up in accordance with international accounting standards or other internationally accepted standards shall be presented.
Transitional provision
Applications submitted before the date of application of this Order and containing the particulars referred to in Decree No 166 / 2002 Coll. shall be considered as applications under that Order.
Repeal
The Order of the Czech National Bank No. 166 / 2002 Coll., laying down the formalities for the application for a bank licence, the formalities for the application for the approval of the Czech National Bank for the acquisition or increase of a qualified participation in the bank, the person concluding the management contract with the bank or the person carrying out the legal act aimed at controlling the bank and the requirement for notification of a reduction of the qualifying participation in the bank or the removal of the position of the controlling party against the bank shall be deleted.
Efficacy
This Decree shall take effect on 1 April 2006.
Governor:
Doc. Ing. Tůma, CSc.
Příloha č. 1
Annex No. 1 to Decree No. 90 / 2006 Coll.
Basic information on licence application pursuant to § 4 (1) of the Act
DATA RELATING TO THE FORMED BANK
1. Basic identification of the established bank
| Obchodní firma | Sídlo banky město, PSČ, ulice včetně čísla popisného a orientačního | Výše základního kapitálu v tis. Kč | Jmenovitá hodnota akcií v tis. Kč | Počet akcií | ||
|---|---|---|---|---|---|---|
| Celkem ks | v tom | |||||
| akcie s hlasovacím právem | prioritní akcie | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
2. Structure of the Bank's capital injections 10)
| Upsané akcie | v tis. Kč | v tom | |||
|---|---|---|---|---|---|
| celkem | z toho splacené | peněžitý vklad | z toho splacený | nepeněžitý vklad11) | z toho splacený |
| 1 | 2 | 3 | 4 | 5 | 6 |
10) If there is a company already established which intends to expand its activities pursuant to § 1 of Act No. 21 / 1992 Coll., on banks, as amended, the existing deposit structure will be completed; If the company's core capital does not reach the minimum amount fixed for the establishment of the bank and the company increases its core capital in the context of the change in activity, the table shows how much of the above has already been repaid.
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Regulation Information
| Citation | Decree No. 90 / 2006 Coll., laying down the details of applications, notifications and minimum financial resources provided to the branch by a foreign bank |
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| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.03.2006 |
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| Effective from | 01.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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