Applicable rules

Applicable rules 

Please find below the list of legislation related to the activities of the Financial Arbitrator. All the statutes are available at the Zákony pro lidi websute (website available in Czech only). Selected legislation is also available at the website of the Czech National Bank. The European legislation is available at the website of the European Union.

Czech legislation

Procedural rules

• Act No. 229/2002 Coll., on Financial Arbitrator; as amended
• Act No. 500/2004 Coll., Administrative Procedure Code, as amended

General civil law legislation

• Act No. 89/2012 Coll., Civil Code, as amended
• Act No. 40/1964 Coll., Civil Code, as amended
• Act No. 513/1991 Coll., Commercial Code, as amended

General public law legislation

• Act No. 634/1992 Sb., on Consumer Protection, as amended
• Act No. 6/1993 Coll., on Czech National Bank, as amended

Private international law

• Act No. 91/2012 Sb., on Private International Law, as amended

Payment services, banking, AML

• Act No. 370/2017 Coll., on Payments, as amended
• Act No. 21/1992 Coll., on Banks, as amended
• Act No. 87/1995 Coll., on Credit Unions and certain related measures and on the amendments to the Czech National Council Act No. 586/1992 Coll., on Income Taxes, as amended
• Act No. 253/2008 Coll., on Certain Measures against Money Laundering and Terrorist Financing, as amended
• Act No. 136/2011 Coll., on the Circulation of Banknotes and Coins and on the amendments to the Act No. 6/1993 Coll., on Czech National Bank, as amended
• Act No. 191/1950 Coll., the Bills of Exchange and Cheques Act, as amended
• Decree of the Czech National Bank No. 140/2011, on payment systems with irrevocability of transactions
• Decree of the Czech National Bank No. 141/2011 Coll., on the pursuit of business of payment institutions and electronic money institutions, small-scale payment service providers and small-scale electronic money issuers, as amended

Consumer credit

• Act No. 257/2016 Coll., on Consumer Credit, as amended
• Act No. 145/2010 Coll., on Consumer Credit and on amendments to other acts, as amended
• Act No. 321/2001 Coll. on Certain Conditions for Negotiation of the Consumer Credit and on amendments to the act No. 64/1986 Coll.
• Act No. 177/2020 Coll., on Certain Measures Related to Repayment of Credits in Connection with the COVID-19 pandemic

 Investment

• Act No. 256/2004 Coll., on Capital Market Undertakings, as amended
• Act No. 240/2013 Coll., on Investment Companies and Investment Funds, as amended
• Act No. 189/2004 Coll., on Collective Investment, as amended
• Act No. 591/1992 Coll., on Securities, as amended
• Government Regulation No. 242/2013 Coll., on Key Investor Information Document of non-UCITS Fund and on a Way to Provide Information and on Fund Rules in Non-paper Form
• Government Regulation No. 189/2011 Coll., on Key Information Disclosures for Special Collective Investment Funds
• Decree of the Czech National Bank No. 194/2011 Coll., on more detailed regulation of certain rules in collective investment
• Decree of the Czech National Bank No. 193/2011 Coll., on the minimum requisites of the statute and on the conditions for the use of the name Short-Term Money Market Fund and Money Market Fund

Money exchange

• Act No. 277/2013 Coll., on Money Exchanges, as amended
• Decree of the Czech National Bank No. 315/2013 Coll., on Money Exchanges

Life insurance

• Act No. 170/2018 Coll., on Distribution of Insurance and Reinsurance, as amended
• Act No. 277/2009 Coll., on Insurance, as amended
• Act. No 37/2004 Coll, on Insurance Contract and on amendments to other acts, as amended
• Act No. 38/2004 Coll., on Insurance Intermediaries and on Independent Loss Adjusters and on Amendment to the Trade Licensing Act, as amended

Building savings

• Act No. 96/1993 Sb., on Building Savings, as amended

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European Union legislation 

ADR/ODR

• Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)
• Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)

Private international law

• Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
• Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
• Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)

Payment services, banking, AML

• Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance)
• Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (Text with EEA relevance)
• Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features Text with EEA relevance
• Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (Text with EEA relevance)
• Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001
• Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (Text with EEA relevance)

Consumer credit

• Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC
• Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010

Investment

• Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU Text with EEA relevance
• Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (recast)
• Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (Text with EEA relevance)
• Commission Regulation (EU) No 583/2010 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards key investor information and conditions to be met when providing key investor information or the prospectus in a durable medium other than paper or by means of a website (Text with EEA relevance)

Life insurance

• Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance
• Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast)Text with EEA relevance
• Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document (Text with EEA relevance)

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