Regulatory Framework: MiFID II and Czech Legislation
The activities of securities dealers in the Czech Republic are governed by two principal regulatory acts:
- Act No. 256/2004 Coll. on Capital Market Undertakings (Zákon o podnikání na kapitálovém trhu, ZPKT) is the primary national law defining the types of investment services, the conditions for obtaining a licence, and the ongoing obligations of licensees. This Act implements Directive MiFID II (2014/65/EU) — the key European regulatory act governing markets in financial instruments.
- Regulation IFR (EU) 2019/2033 establishes prudential requirements for investment firms, including initial capital requirements. The accompanying Directive IFD (EU) 2019/2034 defines the prudential supervision framework. Both acts have applied in the Czech Republic since 26 June 2021 and replaced the CRR/CRD IV provisions that previously applied to investment firms.
- Regulation MiFIR (EU) 600/2014 governs the transparency of trading in financial instruments and supplements MiFID II with regard to trading venues and regulatory reporting.
In addition to the above, ČNB applies Commission Delegated Regulation (EU) 2017/1943 and Implementing Regulation (EU) 2017/1945, which define the forms and procedures for submitting applications for an investment licence under MiFID II.
Payment Terms
COREDO’s fees are paid in instalments, allowing the client to control expenditure at each stage of the project. The specific payment schedule is agreed individually at the contract stage. As a rule, payment is divided into three tranches: an upfront payment upon signing the agreement, an interim payment after the main documentation package has been prepared, and a final payment after the application has been submitted to ČNB. The exact amounts and payment dates depend on the scope of work and are specified in the commercial proposal. All prices are stated exclusive of VAT, which is charged at the rate of 21% in accordance with Czech tax legislation.
Licence Obtaining Procedure
The process of obtaining a securities dealer licence in the Czech Republic consists of several key stages and takes from 1 to 1.5 years.
Analysis and consulting.
The COREDO team conducts a detailed analysis of the client’s business strategy, determines the optimal scope of investment services for licensing, and assesses capital requirements. At this stage, a project roadmap is formed.
Registration of a legal entity.
A Czech company in the form of s.r.o. (společnost s ručením omezeným — private limited liability company) or a.s. (akciová společnost — joint-stock company) is required to obtain a licence. When using the s.r.o. form, the establishment of a supervisory board (dozorčí rada) is mandatory. A minimum of two board members must be appointed to manage the company’s activities.
Document preparation.
COREDO develops the full documentation package for ČNB: internal regulatory policies in accordance with Czech legislation, a detailed business plan in the Czech language, a description of operational processes, risk management systems, and financial controls.
Submission of the application to ČNB.
The COREDO team prepares the application and submits it to ČNB. By law, the regulator has six months to review the application; however, this period only begins once the application is deemed complete. If ČNB requests additional information or clarifications, the period is suspended until the requested materials are provided.
Post-licence support.
After the licence is issued, COREDO assists with opening bank accounts, selecting and hiring personnel, communicating with the regulator, and resolving other operational matters.
EEA Passporting of Investment Services
One of the key advantages of a securities dealer licence in the Czech Republic is the ability to passport investment services across the entire European Economic Area. The passporting mechanism is established by Articles 34 and 35 of Directive MiFID II (2014/65/EU).
A licensee may provide investment services in other EEA states in two ways: through the freedom to provide services — without a physical presence in the host country, or through the establishment of a branch — with a permanent presence in another jurisdiction.
The passporting procedure is carried out on a notification basis: ČNB, as the home regulator, sends a notification to the host regulator of the receiving country. This significantly simplifies and accelerates entry into new markets compared to obtaining a separate licence in each jurisdiction.
Our Experts
The process of obtaining a securities dealer licence in the Czech Republic requires a deep understanding of both national legislation and the European regulatory environment. The COREDO team for this area is led by:
Frequently Asked Questions
COREDO has been providing comprehensive services for obtaining a securities dealer licence in the Czech Republic since 2016. Our team of lawyers has practical experience of working with ČNB and knowledge of all procedural nuances. We support clients at every stage — from initial analysis of the business model to licence issuance and the start of operational activity.