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nr 2
99 – 114
EN
Until 31st December, 2009 the enactment of financial intermediation and financial advisory was split, contained in many special acts. The diverse legal frame created different conditions for business enterprise in this area. With the aim of unification of these conditions, the Act No. 186/2009 Coll. on Financial Intermediation and Financial Advisory and on amendments and supplements to certain laws as amended (hereinafter „Act on Financial Intermediation”) had been adopted. The article reflects on the evolution from the partial until the creation if the integrated enactment. It also focuses on the analysis of special acts which regulated intermediation, pointing out the unequal conditions of entrepreneurship in various sectors of financial market. These had been resolved by the creation of a unified regulatory frame. The article also focuses on the transitional article of the Act on Financial Intermediation and their influence on selected categories of financial agents.
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tom 99
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nr 2
89 – 106
EN
Financial intermediation and financial advisory is undoubtedly influenced by many legislative determinants. The article reflects one of these, represented by a set of rules governing the obligations in relation to clients when performing financial intermediation and financial advisory. The valid legislation allows carrying out financial intermediation and financial advisory in the sectors of insurance or reinsurance, capital market, receiving of deposits, granting credits or consumer credits, supplementary pension saving system and old- age pension saving system. The article focuses on the sector of capital market, where a financial agent and a financial advisor is authorized to perform only in a restricted range of activities. We focus on selected provisions that we believe are essential for financial intermediation and financial in this sector.
EN
One of the subsections of financial law is financial market law consisting of a set of legal norms governing the regulation and supervision of the financial market, the conditions for the conduct of financial intermediaries‘ activities, the protection of financial consumers and financial instruments. We pay attention to a group of socio-economic relations that can be subsumed under the notion of financial market supervision. Macro-prudential, micro-prudential supervision as well as supervision in the area of financial consumer protection are carried out by the National Bank of Slovakia. Within the framework of financial market supervision, the National Bank of Slovakia conducts, among others, proceedings, grants, licenses, approvals and prior approvals of the National Bank of Slovakia, imposes sanctions and remedies and issues other decisions. The legislation governing selected decision making processes in the financial market sector has undergone certain developments, from the application of the law No. 71/1967 Coll. on the Administrative Procedure (Administrative Procedure) as amended up to Act No. 747/2004 Coll. on supervision of the financial market and the amendment of certain regulations as amended (hereinafter the “Financial Market Supervision Act”), which excludes the application of general regulations on administrative procedures. The article focuses on the selected common elements and the most important differences in the regulation of the third section of the Financial Market Supervision Act, referred to as the procedure in supervisory matters and the administrative procedure.
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