From Act No. 6/1993 Coll. ,
on the Czech National Bank,
as amended by Act No. 60/1993 Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., the Constitutional Court ruling promulgated under No. 278/2001 Coll., Act No. 482/2001 Coll., Act No. 127/2002 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No. 230/2006 Coll., Act No. 160/2007 Coll., Act No. 36/2008 Coll., Act No.124/2008, Act No. 254/2008 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 295/2009 Coll., Act No. 145/2010 Coll., Act No. 156/2010 Coll., Act No. 41/2011 Coll., Act No. 92/2011 Coll., Act No. 136/2011 Coll. (part), Act No. 139/2011 Coll., Act No. 357/2011 Coll., Act No. 428/2011 Coll. and Act No. 227/2013 Coll.
Note: This text is a working material for information only, and is not an official translation of the Czech legislation
Article 5
(1) The supreme governing body of the Czech National Bank shall be the Bank Board of the Czech National Bank (hereinafter referred to as the “Bank Board”). The Bank Board shall set monetary and macroprudential policy and the instruments for implementing these policies. It shall decide upon the fundamental monetary and macroprudential policy measures of the Czech National Bank and measures in the area of financial market supervision.
(2) Furthermore, the Bank Board shall, in particular:
- set forth the principles for the activities and transactions of the Czech National Bank;
- approve the budget of the Czech National Bank;
- set forth the organisational structure and fields of competence of the organisational units of the Czech National Bank;
- define the types, amounts and uses of the funds of the Czech National Bank;
- execute the rights and duties arising from labour-law relations in respect of the staff of the Czech National Bank; the Bank Board may delegate these activities to other members of staff;
- grant its consent to the entrepreneurial activities of the staff of the CNB.
- fix the salary and other emoluments of the Governor; the salaries and other emoluments of Deputy Governors and other members of the Bank Board shall be fixed by the Governor;
- decide on appeals against the decisions of the Czech National Bank in the first instance.
Article 6
(1) The Bank Board shall consist of seven members, comprising the Governor of the Czech National Bank, two Deputy Governors of the Czech National Bank and four other members of the Bank Board of the Czech National Bank.
(2) The Governor, Deputy Governors and other members shall be appointed and relieved from office by the President of the Republic.
(3) No person shall be allowed to hold the position of member of the Bank Board more than twice.
(4) The members of the Bank Board shall be appointed for a term of six years.
(5) Membership of the Bank Board shall be incompatible with the position of member of a legislative body, member of the Government and membership of the governing, supervisory or inspection bodies of other banks or commercial undertakings, and the performance of any independent gainful occupation, except for scientific, literary, journalistic, artistic and pedagogical activities and except for management of own assets. Membership of the Bank Board shall be incompatible with any activity which might cause any conflict of interest between the performance of this activity and membership of the Bank Board.
(6) Any citizen of the Czech Republic who:
- is fully competent to perform legal acts,
- has completed a university education,
- is of integrity,
- is a person of recognised standing and professional experience in monetary matters or in the area of the financial market, may be appointed a member of the Bank Board.
(7) For the purposes of this Act, “of integrity” shall refer to a natural person who has not been lawfully convicted of a criminal offence.
(8) The members of the Bank Board shall be staff of the Czech National Bank.
(9) The performance of duties of a Bank Board member shall terminate:
- with the expiration of his term of office,
- on the day immediately following the day on which written notice of relief from office or of written notice of resignation from office is delivered, or at some later date given in the notice of relief or resignation from office.
(10) A Bank Board member may be relieved from office only if he no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct.22 The decision to relieve the Governor from office shall also be delivered to the Governing Council of the European Central Bank.
(11) If the office of Governor is unoccupied, the Bank Board shall authorise one of the Deputy Governors to perform the duties of the Governor until a new Governor is appointed. The authorised Deputy Governor shall perform the duties of the Governor to the full extent of his powers and responsibilities.
Article 7
(1) The Governor, or, in his absence, a Deputy Governor nominated by him, shall chair the meetings of the Bank Board. The Bank Board shall act by a simple majority of the votes cast. The Bank Board shall have a quorum if the Governor, or his nominee, and at least three other members of the Bank Board are present. In the event of a tie, the chairperson shall have the casting vote.
(2) The Bank Board shall approve the Rules of Procedure of the Bank Board
Article 8
The Governor shall represent the Czech National Bank externally and shall also sign legal rules and acts issued by the Czech National Bank and promulgated in the Collection of Laws. A Deputy Governor nominated by the Governor shall act on his behalf to the full extent of his powers and responsibilities.
22) Article 14.2 of the Protocol (No. 4) to the Statute of the European System of Central Banks and of the European Central Bank.