Official Information of 7 July 2008

Official Information of the Czech National Bank of 7 July 2008, announcing the practice of the Czech National Bank regarding the extraction or copy from the Criminal Record Register

On 1 July 2008, Act No. 124/2008 Coll., which amends Act No. 269/1994 Coll., on the Criminal Record Register, as amended by later regulations, and certain other laws (e.g., Act No. 6/1993 Coll., on the Czech National Bank, as amended by later regulations; Act No. 363/1999 Coll., on Insurance, as amended by later regulations; Act No. 38/2004 Coll., on Insurance Intermediaries and Liquidators of Insurance Claims, as amended by later regulations), entered into force.

Based on this Act, applicants in proceedings before the Czech National Bank are no longer required to submit an extract from the Criminal Record Register if it is needed to demonstrate their good character or reliability. In order to reduce the administrative burden on applicants associated with obtaining an extract from the Criminal Record Register, a statutory obligation was introduced into Section 44b of the Act on the Czech National Bank, requiring the Czech National Bank to obtain the extract or copy from the Criminal Record Register itself for the assessment of a person's good character or reliability.

However, for this purpose, the Bank requires data about the person whose good character or reliability is being demonstrated in the proceedings, to the extent required by the Ministry of Justice, which maintains the Criminal Record Register.

In connection with obtaining the extract or copy from the Criminal Record Register, the Czech National Bank requires, in addition to the basic data about the person whose good character or reliability is being demonstrated in the proceedings, that the applicant supplement the application with their maiden surname, birth number (alternatively date of birth and sex), country, district (for persons born in the Czech Republic), place of birth, and citizenship. For this purpose, applicants are provided with the form included in the annex to this Official Information. If the applicant has already provided any of the data in the application itself, there is no need to supplement the application. Instead of completing the form, the applicant may provide a current extract from the Criminal Record Register, which must not be older than 3 months from the date of submission to the Czech National Bank.

1. The scope of basic data about a natural person that the Czech National Bank needs to know for the purpose of assessing the application is defined by special laws or decrees. This includes, for example, Section 13(2) of Act No. 38/2004 Coll., on Insurance Intermediaries and Liquidators of Insurance Claims, as amended by later regulations (insurance intermediaries), and Annex No. 2 of Decree No. 90/2006 Coll., which establishes the requirements for applications, notifications, and the minimum amount of financial resources provided to a branch by a foreign bank (banks).

2. This is a standard requirement in licensing practice. See, for example, Section 38(3) of Act No. 363/1999 Coll., on Insurance, as amended by later regulations, and Section 2(2)(a) of Decree No. 269/2004 Coll., on the contents and attachments of applications under Act No. 189/2004 Coll., on Collective Investment.

If the applicant fails to demonstrate their good character or reliability in the proceedings, the Czech National Bank will not be able to grant their application.

Vice-Governor
Ing. Miroslav Singer, Ph.D.

Annex: Personal Data for the Purpose of Obtaining an Extract or Copy from the Criminal Record Register

Financial Market Regulation and Analysis Department Responsible Employee:
JUDr. Ossendorf, Ph.D., LL.M., tel. 224 413 583

Annex
Personal Data for the Purpose of Obtaining an Extract or Copy from the Criminal Record Register

First Name and Surname
Case Reference Number of the Application Proceeding Maiden Surname Birth Number Date of Birth Sex (male/female) Country District Place of Birth Municipality Citizenship

3. To be filled in only if the table is not attached to the application itself. In case the applicant does not know the case reference number, they should state the name of the application and the date of its submission.
4. To be filled in only if no birth number has been assigned.
5. To be filled in only if the place of birth is within the territory of the Czech Republic.