2020-01-01
The Czech National Bank issued Decree No. 355/2020 Coll. to establish the technical requirements and essential elements for applications seeking prior consent for significant banking and credit union transactions. The regulation details specific documentation needed for events such as the disposal of commercial establishments, dissolution, asset transfers, and the acquisition of major holdings. It further defines key terms and specifies the supporting documents required to assess the trustworthiness, competence, and professional experience of senior officers.
355 DECREE of 20 August 2020 on applications and certain information pursuant to the Act on Banks and the Act on Credit Unions Pursuant to Article 4e(4), Article 16(7), Article 17c(3), Article 17n(3), Article 20(4) and Article 26g(4) of Act No. 21/1992 Coll., on Banks, as amended, and Article 1(8), Article 2a(1), Article 2b(4), Article 2cd(3), Article 5a(3) and Article 13(6) of Act No. 87/1995 Sb., on Credit Unions and Certain Related Measures and on the Amendment of Czech National Council Act No. 586/1992 Coll., on Income Taxes, as amended, as amended, the Czech National Bank stipulates the following: PART ONE GENERAL PROVISIONS Article 1 Subject of regulation (1) This Decree regulates the details of the essential elements, the format and other technical requirements of an application for a) prior consent pursuant to Article 16(1) of the Act on Banks to
2 5. a licence for a foreign bank from a country that is not a Member State intending to establish a branch in the Czech Republic pursuant to Article 4e(3) of the Act on Banks; c) prior consent to
3 4. a refusal by a court or an administrative authority to grant consent to the election, nomination or appointment to a position, or consent to acquire or increase a qualifying holding, or consent to control an entity if such consent is required; 5. expulsion from a professional chamber or association of entities operating on the financial market or the imposition of a disciplinary penalty by such a chamber or association for a breach of legal duty; 6. other facts essential for an assessment of trustworthiness; c) identification data
4 a) document relating to the acquisition of or increase in a qualifying holding means a statement by a person as to whether
5 and the loss settlement policy, and also the estimated changes in the management and control system, the strategic development and the staffing of senior officer positions; this information is contained in the strategic plan only if a qualifying holding is to reach or exceed 20%, or if a bank or a credit union is to be controlled; f) senior officer means
6 PART TWO CONSENT TO TRANSFORMATION AND OTHER CONSENTS Article 3 Prior consent to a disposal of a commercial establishment or part thereof (Re Article 16(7) of the Act on Banks and Article 1(8) of the Act on Credit Unions) (1) The details of the essential elements of an application for prior consent of the Czech National Bank to enter into an agreement on the basis of which a commercial establishment or part thereof is disposed of in any manner pursuant to Article 16(1)(a) of the Act on Banks and Article 1(7) of the Act on Credit Unions, shall include a) the identification data of the person with whom the applicant intends to conclude an agreement on the disposal of a commercial establishment or parts thereof; b) an extract from the Commercial Register or another similar register of entrepreneurs not more than three months old of the person referred to in subsection a) above or, if applicable, information relating to an application for entry in the relevant register that had not yet been made as of the date of filing the application; c) information on the set of assets held in the applicant’s accounts relating to the subject matter of the disposal of a commercial establishment or parts thereof; d) detailed information on the intended disposal of a commercial establishment or parts thereof and its consequences, containing at least the applicant’s intention, including the type of intended disposal, changes to be made to the business plan, a timetable, a description of the impact on the performance of a bank or a credit union’s activities, a description of the integration of organisational units and job titles into the new organisational structure and a description of the transfer of competences and activities, and, if applicable, additional information on the changes related to the intended disposal of the commercial establishment or parts thereof, where these changes affect the activities of a bank or a credit union and information about them has not already been provided in other documents; e) information on the anticipated effects of the disposal of a commercial establishment or parts thereof on the level of capital of a bank or a credit union on an individual and consolidated basis, expressed as a change in capital ratios pursuant to the directly applicable EU regulation governing prudential requirements,1) and information providing the prerequisites of continuous compliance with those capital ratios on an individual and consolidated basis after the operation relating to the disposal of a commercial establishment or parts thereof has taken place; f) a draft agreement on the disposal of a commercial establishment or parts thereof; g) the opinion of the supervisory authority supervising the person referred to in subsection a) above in the country in which it has its registered office on the conclusion of an agreement on the basis of which a commercial establishment or part thereof is disposed of, if that person is a person pursuant to Article 16(4)(b) or (c) of the Act on Banks. (2) Where the supervisory authority or the deposit guarantee scheme changes as a result of the conclusion of an agreement pursuant to Article 16(1)(a) of the Act on Banks or Article 1(7) of the
7 Act on Credit Unions, the application shall also include a) information on the competent supervisory authority; and b) a description of the deposit guarantee scheme, including a description of changes compared with the original scheme. Article 4 Prior consent to the dissolution of a bank or a credit union (Re Article 16(7) of the Act on Banks and Article 5a(3) of the Act on Credit Unions) The details of the essential elements of an application for prior consent to the decision of the general meeting on the dissolution of a bank pursuant to Article 16(1)(b) of the Act on Banks and the decision of the member meeting on the dissolution of a credit union pursuant to Article 5a(3) of the Act on Credit Unions shall include a) information on the reasons leading to the decision to dissolve a bank or a credit union; b) a draft decision of the general meeting or the member meeting on the dissolution of a bank or a credit union; c) in the case of a simultaneous transfer of a commercial establishment or parts thereof, the information referred to in Article 3(1)(a) to (d), (f) and (g) above; d) in the case of a transformation2) with subsequent dissolution of the bank being dissolved, the type of transformation and the information referred to in Article 5; and e) in the case of a transfer of part of a commercial establishment of the bank or credit union being dissolved, a description of the expected method of settlement of claims and debts, in particular a description of the expected method of settlement of the claims and debts related to the part of a commercial establishment that has not been transferred; the description of the expected settlement method must always include the expected settlement period, taking into account the liquidity of a bank or a credit union’s assets. Article 5 Prior consent to a transfer of assets to a bank (Re Article 16(7) of the Act on Banks) (1) The details of the essential elements of an application for prior consent of the Czech National Bank to a transfer of assets to a bank acting as a partner pursuant to Article 16(1)(c) of the Act on Banks shall include a) information on the intentions and reasons leading to the transfer of assets; b) a list of the entities involved3) in the transfer of assets and, for each of those entities, its identification data and an indication of whether it is the terminating entity or the acquiring entity; c) a project for the transfer of assets of the bank pursuant to the act governing transformations of commercial companies and cooperatives, 11) as well as information containing at least:
8
9 target company, including
10 subject to regulation or supervision under financial market regulations and whether the proposed acquisition is conditional upon separate approval by the competent supervisory authority of the target company; q) a statement by the applicant or other confirmation that the proposed acquisition has been notified to the authority exercising consolidated supervision pursuant to Article 17h(1) of the Act on Banks; r) confirmation of submission of an application for the acquisition of a qualifying holding, where the target company is a credit institution and the supervisory authority for that company is not the Czech National Bank; s) a description of the effects of the acquisition of the major holding on the ownership and organisational structure of the applicant and the target company, as well as the effects on the structures of the group to which the applicant or the target company belongs; t) a statement and related information or documents demonstrating that the applicant has assessed whether the target company or members of its management body have been subject to administrative or criminal sanctions in the last ten years in connection with money laundering, terrorist financing or other financial crime on an individual, consolidated or subconsolidated basis, where relevant; u) a statement by the applicant or other confirmation that neither the target company nor its senior officers and partners are subject to restrictive measures under European Union law; v) a description of any concerted practices by the applicant with other persons, including agreements by the applicant to pursue common interests with another partner in relation to the target company and a description of the future allocation of participation in financing the proposed acquisition. Article 5b Prior consent to a merger or demerger (Re Article 17n(3) of the Act on Banks) (1) The details of the essential elements of an application pursuant to Article 17m(1) and (2) of the Act on Banks for prior consent of the Czech National Bank to the merger or demerger of a bank, a financial holding entity or a mixed-activity financial holding entity approved pursuant to Article 27(1) of the Act on Banks shall include a) a specification of the type of transformation, indicating whether it involves a merger or demerger of a bank; b) information on the intentions and reasons leading to the transformation referred to in subsection a) above; c) a list of the entities involved3) in the transformation, including the entities created by the transformation, and, for each of those entities, its identification data, documents for an assessment of trustworthiness and an indication of whether it is the successor entity, the dissolving entity or the demerged entity; d) a project for the transformation of the bank pursuant to the act governing transformations of commercial companies and cooperatives12) depending on the chosen type of transformation pursuant to subsection a) above and at least
11 2. a timetable for the implementation of the transformation and a plan for the organisational, technical, operational and personnel merger or demerger of the entities involved in the transformation 3. a description of the effects of the transformation on the performance of the activities of the successor entities, including the effects on their governance systems, liquidity and large exposures, covering risk management and mechanisms for ensuring compliance with measures to prevent money laundering and terrorist financing; e) information on the anticipated effects of the transformation on the level of capital of the banks involved on an individual and consolidated basis, expressed as the change in capital ratios pursuant to the directly applicable European Union legislation governing prudential requirements,1) and information providing the prerequisites of continuous compliance with those capital ratios on an individual and consolidated basis after the transformation; f) joint reports of the statutory bodies or reports of the statutory bodies of the banks involved in the transformation, or, if applicable, consents to such reports not being drawn up; g) unless the merger involves the bank and its sole shareholder, an expert report or reports containing an expert opinion on the essential elements of the transformation project, or, if applicable, consents to such report or reports not being drawn up; h) an expert opinion on the essential elements of the transformation project if an export report is not drawn up pursuant to subsection g) above; i) the closing financial statements of the entities involved and the opening balance sheet of the successor or transferring bank and the auditor’s reports on the verification thereof, or the interim financial statements and the auditor’s reports on the verification thereof; j) a list of senior officers of the bank involved or the successor bank and an indication of changes thereto resulting from the transformation, and, for each senior officer of the successor bank, a curriculum vitae containing information on education and professional experience; k) information on closely related persons, where the transformation creates close relationships between those persons; l) the identification data of the entities which, as a result of the transformation, are to acquire or increase a qualifying holding in the successor bank or gain control over it, and an indication of the size of the share in its registered capital or voting rights or other form of exercising significant influence over its management; m) the financial statements of the entities involved and other documents attesting to the successor bank’s financial soundness, including a description of the individual items, and documentation of the sufficiency, transparency of origin and integrity of their financial resources in relation to the activities planned by the successor bank after the merger or demerger, where not already included in the documents under subsection i) above. (2) Where a bank is demerged through a spin-off and only part of its assets is being transferred to newly created or existing legal entities, the information specified in paragraph 1 concerning the successor entities shall also be submitted for the entity being demerged in relation to the part of the bank which has not ceased to exist as a result of the spin-off. (3) Where the supervisory authority on an individual and consolidated basis or the deposit guarantee scheme changes as a result of the transformation, the application shall also include a) information on the competent supervisory authority; and
12 b) a description of the deposit guarantee scheme and a description of changes compared with the original scheme. Article 6 Prior consent to the decision of the general meeting to reduce the registered capital of a bank (Re Article 16(7) of the Act on Banks) The details of the essential elements of an application for prior consent to the decision of the general meeting to reduce the registered capital of a bank pursuant to Article 16(1)(d) of the Act on Banks shall include a) information on the reasons leading to a reduction in the registered capital of a bank; b) information on the anticipated effects of the reduction in the registered capital of a bank on the bank’s ability to comply with the rules stipulated in the Act on Banks and the directly applicable EU regulation governing prudential requirements;5) and c) information corresponding at least to the information required for the resolution of the general meeting to reduce the registered capital of a joint-stock company pursuant to the Act on Commercial Companies.6) Article 7 Prior consent to terminate the activities of a bank (Re Article 16(7) of the Act on Banks) The details of the essential elements of an application for prior consent pursuant to Article 16(1)(e) of the Act on Banks to the decision of the general meeting that a bank shall cease to carry out the activities for which a banking licence is required shall include a) justification for the intention of the decision of the general meeting of a bank to the effect that an existing bank shall cease to carry out the activities for which a banking licence is required; b) information on the set of things, rights and liabilities held in a bank’s accounts; and c) a description of the anticipated method of the settlement of a bank’s claims and debts, including the anticipated settlement period, taking into account the liquidity of the bank’s assets. Article 8 Prior consent to the transformation of a credit union (Re Article 2cd(3) of the Act on Credit Unions) The details of the essential elements of an application for permission to merge or demerge a credit union shall include a) a specification of the type of intended transformation, indicating whether it involves a merger or demerger of a credit union; b) information on the intentions and reasons leading to the transformation referred to in subsection a) above;
13 c) a list of the entities involved in the intended transformation and, for each of those entities, its identification data, documents for an assessment of trustworthiness and, depending on the type of transformation, an indication of whether it is the successor, terminating or demerged credit union; d) a project for the transformation pursuant to the act governing transformations of commercial companies and cooperatives4) depending on the type of transformation pursuant to subsection a) above, as well as information containing at least
14 Article 9 Prior consent to a change in legal form from a credit union to a joint-stock company (Re Article 13(6) of the Act on Credit Unions) The details of the essential elements of an application for permission to change the legal form from a credit union to a joint-stock company shall include a) information on the intentions and reasons leading to a change in legal form; b) a project for the change in legal form pursuant to the act governing transformations of commercial companies and cooperatives7) drawn up in the form of a notarial record; and c) an interim financial statement pursuant to the act governing transformations of commercial companies and cooperatives6) if there is an obligation to prepare it. Article 10 Prior consent to a decision of the member meeting to reduce the basic membership contribution (Re Article 5a(3) of the Act on Credit Unions) The details of the essential elements of an application for prior consent of the Czech National Bank to the decision of the member meeting to reduce the basic membership contribution of a member of a credit union shall include a) information on the reasons leading to the decision to reduce the basic membership contribution of a member of a credit union; and b) information on the anticipated effects of the reduction in the basic membership contribution of a member of a credit union on the credit union’s obligation to comply with the rules stipulated in the directly applicable EU regulation governing prudential requirements8) with respect to the security and stability of the credit union in terms of compliance with the requirements for
15 (1) Supporting documents in respect of a senior officer of a financial holding entity or a mixedactivity financial holding entity (hereinafter referred to as “the holding entity”) to attest to the senior officer’s trustworthiness, professional qualifications and experience shall include a) identification data; b) documents for an assessment of trustworthiness; where a document on having no criminal record pursuant to Article 2(1)(b) is not issued by a foreign country, and if the information necessary for assessing the absence of a criminal record cannot be documented by means of an annex to the extract from the Criminal Register, the essential elements of an application shall include an affidavit on having no criminal record of the person concerned, verified by a court, an authority authorised for that purpose or a notary of the relevant foreign country; c) a curriculum vitae containing information on education and professional experience; d) a report by the holding entity on the results of the assessment of a senior officer’s suitability to perform the duties in terms of compliance with the requirements for trustworthiness, professional competence and experience of that senior officer and in terms of the collective suitability of the relevant body as a whole; and e) a description of the position which a senior officer holds or to which a senior officer is to be elected, appointed or otherwise named, and the competences and powers connected with that position. (2) The description in paragraph 1(e) may be replaced by an internal regulation of the holding entity regulating the position and the competences and powers connected with that position. (3) Where the person nominated is not a senior officer of the holding entity or the powers of a senior officer of the holding entity has not been delegated to that person, the holding entity shall indicate on what basis the person nominated manages or is to manage the holding entity. PART FOUR LICENCES AND AUTHORISATIONS Article 12 Application for a licence for a foreign bank from a country that is not a Member State (Re Article 4e(4) of the Act on Banks) (1) The details of the essential elements of an application by a foreign bank pursuant to Article 4b of the Act on Banks for a licence to perform activities in the Czech Republic through its branch shall include information on the applicant and other documents pursuant to paragraph 2 below and information on the branch pursuant to paragraph 4 below. (2) The information on the applicant and other documents shall include a) the identification data of the applicant and a document on a business licence similar to an extract from the Commercial Register or another similar register of entrepreneurs not more than three
16 months old, and the identification of the person who may act on behalf of the applicant and the scope and manner of such conduct, unless this is apparent from the extract submitted; b) information on the registered office and actual place of business of the applicant, the intermediary and the ultimate parent undertaking, and the date and place of establishment of the applicant, unless this is apparent from the document referred to in subsection a) above; c) the applicant’s authorisation to perform activities, issued by the competent authority of the country in which the applicant has its registered office, indicating the scope of the authorised activity, unless this is apparent from the document referred to in subsection a) above, and giving the contact person in the competent authority responsible for the supervision of the applicant, and, where applicable, of the intermediary and the ultimate parent undertaking, together with that person’s contact details; d) the decision of the competent authority of the applicant regarding the intention to establish a branch in the Czech Republic, indicating the amount of funds allocated for that branch, documents on their origin and the method of their transfer to that branch; e) a list of senior officers and, for each such person, identification data indicating whether their position is that of an executive or a non-executive member; f) the applicant’s financial statements; g) documents demonstrating that the applicant complies, or, as of the date of the granting of the licence, will comply, with the branch capital adequacy requirements pursuant to Article 12ab of the Act on Banks, and the account agreement pursuant to Article 12ab(4) of the Act on Banks; h) information on closely related persons; and i) an analysis of the legal or other regulations of the country in which the applicant has its registered office to establish whether the supervision over the applicant is comparable to the supervision of the activities of a bank pursuant to the Act on Banks and the directly applicable EU regulation governing prudential requirements,9) including evidence of the absence of obstacles to the effective exchange of information between the Czech National Bank and the supervisory authority of the country in which the applicant has its registered office (hereinafter referred to as “the foreign supervisory authority”); the analysis shall contain, in particular, legal and other regulations relating to
17 5. a system of remedial measures and sanctions, including information on the legislation of the country in which a foreign bank has its registered office governing the resolution of a credit institution which has a branch in another country from the point of view of the possible protection of the creditors of that branch which is not itself in bankruptcy; 6. accounting and regulation of the obligation to audit a credit institution’s financial statements; 7. the definition of banking secrecy and its protection, the protection of personal data and the use of confidential information, and regulation of the obligation to maintain confidentiality; 8. regulation of the reporting obligation of a credit institution vis-à-vis the supervisory authority and the public, and of the disclosure of information obtained in the course of supervision to third parties; 9. the manner of cooperation and exchange of information with the supervisory authorities of other countries; 10. the extent to which the system of regulation in the area of anti-money laundering and combating the financing of terrorism of the country in which the applicant has its registered office complies with the recommendations issued by the Financial Action Task Force (FATF); j) a certificate issued by the authority supervising the applicant and, where relevant, also its intermediary or ultimate parent undertaking, confirming compliance with prudential requirements on an individual basis and, where relevant, also on a consolidated basis, and confirming the assessment of the trustworthiness of the applicant and, where relevant, of the intermediary or ultimate parent undertaking, of the members of their management bodies in managerial positions, of controlling shareholders and of beneficial owners; the certificate in relation to those persons shall contain information on any breaches of prudential regulations, insolvency, economic criminal offences and penalties in the area of money laundering and terrorist financing over the past ten years, as well as information on unspent convictions and ongoing proceedings and investigations in those areas; k) documents demonstrating that the applicant complies, or, as of the date of the granting of the licence, will comply, with the branch liquidity coverage requirement pursuant to Article 12ac of the Act on Banks, and the account agreement pursuant to Article 12ac(2) of the Act on Banks, as well as
18 (3) The applicant shall also attach an assessment of any differences in the areas specified in items 1–10 of paragraph 2(j) above in comparison with similar regulations in force in the European Union relating to the activities and supervision of banks to the analysis referred to in paragraph 2(j) above. Where the analysis is drawn up by a person other than a foreign supervisory authority, that analysis shall be accompanied by a statement by a foreign supervisory authority certifying the accuracy of the information and conclusions provided. (4) Information on a branch shall include a) the identification data of at least two persons nominated for the management of the branch pursuant to Article 12ad(1) of the Act on Banks and, where applicable, of the persons nominated as members of the local management committee pursuant to Article 12ad(2) of the Act on Banks, and of the person nominated for the position of the head of the internal control function pursuant to Article 12ad(3) of the Act on Banks, and, for each such person
19 to perform the planned activities of the branch; technical support means, in particular, adequate information and communication technology systems, an accounting and business documentation system pursuant to Article 12ag of the Act on Banks, including principles and procedures for recording off-balance sheet items, and statistical record-keeping systems h) a description of business continuity measures aimed at ensuring the uninterrupted performance of activities and the continuous functioning of the branch, including the identification of critical operations, information and communication technology strategies and the risk management framework pursuant to Regulation (EU) 2022/2554 of the European Parliament and of the Council, and information on the manner in which the branch is included in the applicant’s recovery plan; i) a description of the manner in which access is ensured for the Czech National Bank to the information necessary for the performance of supervision over the branch; j) a description of the critical or important functions pursuant to Article 12ae(4)(a) of the Act on Banks and an assessment of whether the arrangements for ensuring their performance are in line with the intragroup agreements, where the main person performs these functions on behalf of the branch. PART FIVE CONSENT TO ACQUIRE OR INCREASE A QUALIFYING HOLDING IN OR TO CONTROL A BANK OR A CREDIT UNION Article 14 (Re Article 20(3) and (4) of the Act on Banks and Article 2b(3) and (4) of the Act on Credit Unions) (1) An application for consent to acquire or increase a qualifying holding so that it reaches or exceeds 20%, 30% or 50% in a bank or a credit union, or to control those entities, shall be submitted on a form, the specimen of which is provided in Annex 2 to this Decree, to which the applicant shall attach a) the identification data of the bank or credit union in which a qualifying holding is to be acquired or increased or which is to be controlled; b) information on the size of the share which the applicant holds as of the date of filing the application, information on the newly acquired and the resulting size of the share or a description of another form of exercising significant influence over the management of a bank or a credit union, including whether the share is acquired directly or indirectly; in the case of an indirect holding, identification of the entity through which the share is acquired; c) if the applicant is a legal entity, identification data of the ten largest shareholders according to their share of the voting rights or of all shareholders, if it has fewer than ten, and information on the size of their shares; d) an extract from the Commercial Register of the applicant or another similar register of entrepreneurs not older than three months if the applicant is a legal entity or a natural person who is an entrepreneur;
20 e) the applicant’s financial statements and other documents attesting to the applicant’s financial soundness and the sufficient volume, transparency of origin and unobjectionable nature of its funds in relation to the activities carried out and planned in the bank; f) documents for an assessment of trustworthiness of the applicant; g) a document relating to the acquisition of or increase in a qualifying holding by the applicant; h) a strategic plan; i) an overview of the legal entities of which the applicant is the controlling entity or over the management of which it exercises significant influence and, for each of those legal entities, its identification data, its line of business and information on the size of its share or a description of another form of exercising significant influence over the management of that legal entity; j) an overview of the positions in bodies of other legal entities to which the proposed officer has been elected, appointed or otherwise named (hereinafter referred to as the “elected body”) and other positions held in those entities in the last ten years, and, for each of those legal entities, its identification data and line of business, the designation of the position held and the period during which it has been performed in that legal entity; k) a description of the financial relationships and personnel relations between the applicant and a bank or a credit union, or the individual members of the group to which that bank or credit union belongs, and the senior officers and current shareholders of the bank or the members of the credit union; l) a list of the applicant’s senior officers if the applicant is a legal entity, and, for each of those persons
21 p) if the applicant is part of a group, a description of the structure of the group in which a bank or a credit union is to be included, indicating the persons which are to be subject to supervision on a consolidated basis within the group; and q) if the applicant has its registered office in a country that is not a Member State,
22 f) the position that the proposed officer is to hold in the organisational structure of the bank or credit union and a brief description of the duties to be performed in terms of the powers and responsibilities entrusted; and g) a report by the applicant on the results of the assessment of the proposed officer’s suitability to perform the position that the proposed officer is to hold in terms of that person’s compliance with the requirements for trustworthiness, professional qualifications and experience and in terms of the collective suitability of the relevant elected body as a whole. PART SIX COMMON, TRANSITIONAL AND REPEALING PROVISIONS Article 15 Common provisions (1) Annexes to applications shall be submitted in a data format commonly used in electronic communication. (2) If the nature of the matter precludes the submission of information or the application document required by this Decree and if this is not sufficiently evident from the application, the applicant shall justify the failure to submit the information or the document. Where possible, the applicant shall provide evidence of the reasons for non-submission at the same time. (3) A document on having no criminal record issued by a foreign country pursuant to Article 2(a)(1) may be replaced by an extract from the Criminal Register together with an annex containing the information recorded in the criminal register of that foreign country. (4) The applicant is not required to submit the information or documents required by this Decree if they are publicly available in their current form in public administration information systems or if the Czech National Bank has them available in their current form. The applicant shall substantiate the reason for not submitting that information or those documents to the Czech National Bank. (5) The applicant shall inform the Czech National Bank of the name and contact details of the contact person for the given proceedings before the Czech National Bank. Article 16 Repealing provisions The following are repealed:
23 3. Decree No. 58/2009 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, and on the minimum amount of funds to be provided by a foreign bank to its branch, as amended by Decree No. 192/2011 Coll.; 4. Decree No. 372/2012 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, and on the minimum amount of funds to be provided by a foreign bank to its branch, as amended; 5. Decree No. 248/2013 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, as amended; 6. Decree No. 171/2014 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, as amended; 7. Decree No. 158/2016 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, as amended; 8. Decree No. 402/2017 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, as amended; 9. Decree No. 200/2020 Coll., amending Decree No. 233/2009 Coll., on applications, approval of persons and the manner of proving professional qualifications, trustworthiness and experience of persons, as amended; Article 17 Effect (1) This Decree shall take effect on 1 October 2020. (2) Article 1(3) and Articles 13 shall cease to apply on the date of entry into force of the directly applicable EU regulations issued pursuant to Article 8 of Directive 2013/36/EU of the European Parliament and of the Council governing the information to be provided to the supervisory authority when applying for authorisation to operate as a credit institution. Governor: p.p. Marek Mora Deputy Governor
Annex 2 to Decree No. 355/2020 Coll. SPECIMEN Application for consent to acquire or increase a qualifying holding in or to gain control of a bank or a credit union pursuant to Act No. 21/1992 Coll., on Banks, as amended, and Act No. 87/1995 Coll., on Credit Unions and Certain Related Measures and on the Amendment of Czech National Council Act No. 586/1992 Coll., on Income Taxes, as amended, as amended I. ADMINISTRATIVE AUTHORITY Name and address of the administrative authority to which the notification is addressed Name of administrative authority Czech National Bank Address Na Příkopě 28, 115 03 Prague 1 Mail room Senovážná 3, 115 03 Prague 1 Electronic mail room podatelna@cnb.cz Data box Data box ID: 8tgaiej II. NOTIFYING ENTITY 2. Identification of the notifying entity – natural person Name Birth certificate number/Date of birtha) /Identification numberb) Address of residence municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country Mailing address,c) if different from the address given above, in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country 3. Identification of the notifying entity – legal entity Name Identification numberb) Address of registered office in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country
2 III. SUBJECT OF SUBMISSION 4. Specification of the subject of submission notification of the acquisition of or increase in a qualifying holding in a bank a credit union notification of control of a bank a credit union IV. OTHER INFORMATION RELATED TO THE SUBJECT OF SUBMISSION 5. Information on the company in which a qualifying holding is to be acquired or increased Name Identification numberb) Address of registered office in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country 6. Information on the current, acquired and resulting size of the holding Size of holding as of the date of filing the application (in %) Size of holding to be acquired (in %) Expected total size of qualifying holding after consent is granted (in %) Total
of which Total
of which Total
of which direct holding indirect holding direct holding indirect holding direct holding indirect holding If the notifying entity holds an indirect share, it shall identify the person through whom it holds the indirect share, including a specification of the following information: name, identification number, address of the registered office in the form: municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country
3 7. Identification of the person from whom the holding is to be acquired Order Name/Compa ny name Birth certificate number/Dat e of birtha) /Identificati on numberb) Address of residence/register ed office in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country Total size of the holding to be acquire d Manner of acquirin g the holding Expected date of acquisitio n of the holding 1. 2. 3. V. LIST OF ANNEXES 8. A numbered list of annexes to this application pursuant to the Decreed) or, if applicable, to other legislation or for the purposes of the proceedings; for each annex provide a link to the relevant provision of the Decree and, where more than one annex is submitted in respect of the same matter, state the number submitted (also indicate the numbers on the annexes themselves; if an annex is made up of more than one document, in addition to numbering them, mark them with letters). Annex No. Name of annex Number VI. DECLARATION
4 I hereby declare that the information given in the notification and the annexes is true, current and complete. VII. IDENTIFICATION OF OTHER PERSONS This notification is submitted by the notifying entity 9. Identification of the person authorised to act on behalf of the notifying entitye) Position Name Date of birth/Identification numberb) Address of residence/registered office in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country Mailing address,c) if different from the address given above, in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country This notification is submitted by the notifying entity’s representative 10. Identification of the person representing the notifying entity (if the notifying entity is represented by a proxy on the basis of a power of attorney) Information on the representativef) Name Date of birth/Identification numberb) Address of residence/registered office in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country Mailing address,c) if different from the address given above, in the form municipality, municipal district, street, house number, orientation number, orientation letter, postcode, country Other optional information Specific information that will speed up contacting you if necessary and the resolution of potential problems
5 (data box ID, e-mail, phone number) Place Date Name of the notifying entity/person acting on behalf of the applicant and signature
a) Indicate if no birth certificate number has been assigned. b) Indicate if a birth certificate number has been assigned. c) Article 19(4) of the Administrative Procedure Code. d) Decree No. 355/2020 Coll., on applications and certain information pursuant to the Act on Banks and the Act on Credit Unions. e) Article 30(1) of the Administrative Procedure Code in conjunction with Article 21 of the Civil Procedure Code. f) For instance a lawyer, a notary or a general proxy. 1) Article 92(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012. 2) Article 1(2) of Act No. 125/2008 Coll., on Transformations of Commercial Companies and Cooperatives, as amended. 3) Article 3(3) of the Act on Transformations of Commercial Companies and Cooperatives. 4) Articles 70, 250 or 339 of the Act on Transformations of Commercial Companies and Cooperatives. 5) Part III of Regulation (EU) No 575/2013 of the European Parliament and of the Council. 6) Article 233 of Act No. 90/2012 Coll., on Commercial Companies, as amended. 7) Articles 361 and 365 of the Act on Transformations of Commercial Companies and Cooperatives. 8) Article 11 and Parts IV and VI of Regulation (EU) No 575/2013 of the European Parliament and of the Council. 9) Regulation (EU) No 575/2013 of the European Parliament and of the Council. 11) Article 339 of the Act on Transformations of Commercial Companies and Cooperatives. 12) Articles 70 and 250 of the Act on Transformations of Commercial Companies and Cooperatives.