Decree No. 92 / 2006 Coll.
Order setting out the particulars of the application for authorisation to issue electronic money
Valid
Effective from 20.03.2006
92
DECLARATION
of 28 February 2006
laying down the details of the application for authorisation to issue electronic money
Pursuant to Article 19 (3) of Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on Payment), as amended by Act No. 62 / 2006 Coll.:
Subject matter
This decree sets out the particulars of the application for authorisation for the issue of electronic money (hereinafter referred to as "the application ').
Forms of application
(1) The applicant for authorisation to issue electronic money (Section 15 (3) of the Payment Act) submits a request to the Czech National Bank stating explicitly whether he requests authorisation to issue electronic money under
(a) Paragraph 19 (1) (a) of the Payment Act;
(b) Paragraph 19 (1) (b) (1) of the Payment Act;
(c) Paragraph 19 (1) (b) (2) of the Payment Act; or
(d) Paragraph 19 (1) (b) (3) of the Payment Act.
(2) Furthermore, the request consists of:
(a) the basic information set out in the Annex to this Order;
(b) the justification for the request;
(c) paper documents and documents.
(3) The reasons for the application referred to in paragraph 2 (b) shall include:
(a) the applicant's strategic intention, including the estimated volume of electronic money issued and the list of the areas in which electronic money will be used;
(b) a description of the measures by which the applicant ensures compliance with the condition that the electronic means of money issued to the holder will store electronic money at a value corresponding to a maximum of EUR 150;
(c) according to which the provision of the Payment Act the applicant intends to issue electronic money, at least one of the following information:
1. a description of the measures to ensure compliance with the limits laid down in Article 19 (1) (a) of the Payment Act;
2. a description of the range of electronic money recipients according to their relationship with the publisher (Section 19 (1) (b) (1) or (2) of the Payment Act); or
3. the definition of the area in which it intends to provide its services (Section 19 (1) (b) (3) of the Payment Act);
(d) a description of the process of issuing, using, storing and clearing electronic money, including its exchange;
(e) a description of the technical security of the operation; technical security means, in particular, the corresponding calculation system, accounting system, statistical and information system and control system;
(f) a description of the measures taken to prevent unauthorised interference or misuse of electronic money;
(g) the draft contract between the issuer and the holder (Section 14 of the Payment Act) and the draft commercial terms and conditions for the issue and use of electronic means of payment (Section 17 of the Payment Act);
(h) evidence of the resources from which the issuance of electronic money will be financed.
(4) The documents and documents referred to in paragraph 2 (c) are:
(a) where the applicant is a legal person
1. the social agreement or the founding agreement or the instrument of incorporation and the statutes, if any,
2. an extract from the Commercial Register not more than 1 month old; a legal person who is not registered shall provide proof of its existence; a foreign legal person submits a document of a similar nature not older than 1 month;
3. an extract from the register of criminal records of the statutory authority or members of the statutory authority and persons in the executive management capacity of the applicant not more than 1 month old; a person who is a national of the Czech Republic, if he has been continuously present for more than 6 months in another State for the last 3 years, shall also submit a document from that State, a similar extract from the record of the Register of Penalties not earlier than 3 months; a foreign natural person shall submit a similar document not earlier than 3 months of age, issued by the State of which he is a citizen, as well as by the States in which he has remained continuously over the last 3 years for more than 6 months. Where the acquisition of such a document would be demonstrably linked to disproportionate time entitlements or financial costs, the person concerned may submit a declaration of honour to replace it,
4. a statement by the applicant that all the particulars and documents submitted by him are up to date, complete and true;
(b) where the applicant is a natural or self-employed person who is an undertaking
1. an extract from the Commercial Register not more than 1 month old; the person who is not registered shall submit the relevant business authorisations; a commercial foreign natural person submits a document of a similar nature not older than 3 months;
2. an extract from the Register of Penalties not earlier than 1 month old; a person who is a national of the Czech Republic, if he has been continuously present for more than 6 months in another State for the last 3 years, shall also submit a document from that State, a similar extract from the record of the Register of Penalties not earlier than 3 months; a foreign natural person shall submit a similar document not earlier than 3 months of age, issued by the State of which he is a citizen, as well as by the States in which he has remained continuously over the last 3 years for more than 6 months. Where the acquisition of such a document would be demonstrably linked to disproportionate time entitlements or financial costs, the person concerned may submit a declaration of honour to replace it,
3. a statement by the applicant that all data and documents submitted by him are up to date, complete and true.
Common provisions
(1) The signature of the applicant or the signature of the person authorised to act on behalf of the applicant must be officially certified (1).
(2) The authentic instrument issued by an authority of another State must be accompanied by a higher verification of the documents (superlegalized) or by an apostille in accordance with the relevant international contract (2), unless otherwise declared by the international treaty, which the Czech Republic is bound by.
(3) Documents and documents shall not be submitted to the application, where the nature of the case so requires.
Repeal
Decree No 547 / 2002 Coll., laying down the details of the request for prior consent to issue electronic funds, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Governor:
Doc. Ing. Tůma, CSc.
Annex to Decree No 92 / 2006 Coll.
Basic information on the applicant for authorisation to issue electronic money
| Obchodní firma nebo název právnické osoby/ Jméno a příjmení podnikající fyzické osoby nebo osoby samostatně výdělečné činné | |
| IČ české osoby Identifikační údaj zahraniční osoby (obdobný IČ) | |
| Číslo cestovního pasu podnikající zahraniční fyzické osoby | |
| Datum vzniku právnické osoby Datum narození podnikající fyzické osoby nebo osoby samostatně výdělečné činné | |
| Sídlo právnické osoby/ Adresa místa trvalého pobytu podnikající fyzické osoby nebo osoby samostatně výdělečně činné | |
| Stát registrace právnické osoby/ Státní občanství podnikající fyzické osoby nebo osoby samostatně výdělečně činné |
1) Article 74 of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended. § 1 to 4 of Act No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the authenticity of the signature by the municipal authorities and on the issuing of certificates by the municipal authorities and the district authorities, as amended.
2) For example, the European Convention on the abolition of the verification of documents drawn up by diplomatic representatives or consular officers, as published in the Notice of the Ministry of Foreign Affairs No. 287 / 1998 Coll., the Convention on the abolition of the requirement for the verification of foreign public documents, as published in the Notice of the Ministry of Foreign Affairs No. 45 / 1999 Coll.
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Regulation Information
| Citation | Decree No. 92 / 2006 Coll., laying down the details of the application for authorisation to issue electronic money |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.03.2006 |
|---|---|
| Effective from | 20.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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