- Statutes of Bank Card Association
- Czech Bank Card Association - status
- Czech Bank Card Association -
Executive Director
- Czech Bank Card Association
- Executive Commitee
- Czech Bank Card Association - statistics
Statutes of the Bank Card Association | statutes for dovnload | |
1. Preamble
The Bank Card Association, established from the Interbank Payment Card
Association, is an interest group of legal entities - banks, financial
institutions and possibly other organisations whose interest it is to expand
payment cards in the Czech Republic and coordinate the work relating to this
expansion. The Bank Card Association was registered by the District Court in
Praha 1 on 14th September 1992 according to § 20 i, paragraph 2, Act No.
47/92 Coll. under ref. no. 22/92.
2. The name of the association
Members of the Interbank Payment Card Association agreed that, from 9 April
1992, they will use the following name:
-
Sdružení pro bankovní karty - in Czech
- SBK - for short in
Czech
- Bank Card Association - in English
- BCA - for short in
English
3. The seat of the Association
The Association’s seat is at Praha 1, Vodičkova 28.
4. The line of business
The purpose of the Bank Card Association is to coordinate and support the
expansion of payment cards in the Czech Republic. For this purpose, the
Association creates conditions for mutually advantageous cooperation of
banks in the area of payment cards, it organises regular meetings of the
Association to deal with technical, commercial, security, marketing and
other issues. In the interest of its members, the Association conducts
negotiations with local and international organisations doing business in
the area of payment cards. In the area of payment cards, the Association
organises training and workshops for its members. The Association provides
for promotion of payment cards with the aim to boost their issue and
acceptance in the Czech Republic, while independent business policy of
individual members of the Association is preserved. The Association
establishes ad hoc working groups as well as standing working groups,
committees and commissions to deal with specialised areas of activities.
To provide for the coordination, organisation and administration of
activities, the Association establishes “BCA Office”, for which it hires an
official for the position of the executive director of the BCA and other
officers, if needs arise.
5. Establishment and termination of membership
5. 1. Establishment of membership
Membership of the Association is established on the basis of a written
application and a decision of the Board on admission.
5.2. Types of membership
5.2.1 . A regular member
Only a bank or a financial institution with a banking licence valid for the
territory of the Czech Republic and issuing or accepting payment cards in
the CR or intending to issue or accept payment cards in the CR may become a
regular member of the Association.
5.2.2. An observer
A financial institution or other legal entity with registered office in the
CR which is interested in the expansion of payment cards in the CR may
become an observer.
5.3. Termination of membership
Membership may be terminated
- by a member’s leaving the Association
- by excluding a member
- by dissolution of a member without a legal successor
- if a member looses its capacity to be a member according to these
Statutes.
5.3.1. Leaving the Association by a member
A member may also leave the Association without giving any reasons. The
member shall announce its decision to terminate its membership by a
registered letter addressed to the chairman of the Association. The notice
period is at least 30 calendar days long and starts running on the day of
delivery of the announcement of the notice. The chairman of the Association
announces the member’s decision to leave to the members of the Association
in a written statement where the chairman indicates the last day of
membership.
5.3.2. Leaving the Association by an observer
An observer may also leave the Association without giving any reasons. The
observer shall announce its decision to terminate its membership by a
registered letter addressed to the chairman of the Association. The notice
period is at least 30 calendar days long and starts running on the day of
delivery of the announcement of the notice. The chairman of the Association
announces the observer’s decision to leave to the members of the Association
in a written statement where the chairman indicates the last day of
membership.
5.3.3. Exclusion of a member
The Board may exclude a member from the Association if:
- the member has grossly violated the Statutes,
- the member starts liquidation proceedings or its property is
subject to bankruptcy proceedings or the proposal to file for bankruptcy is
declined due to the lack of assets.
- if the time of non-payment of the entry fee or of the operation
fee exceeds 90 days. Unless the Board determines otherwise, the exclusion
becomes effective on the day when the decision on it is taken.
5.3.4. Exclusion of an observer
The Board may exclude an observer from the Association if:
- the observer has grossly violated the Statutes
- the observer starts liquidation proceedings or its property is
subject to bankruptcy proceedings or the proposal to file for bankruptcy is
declined due to the lack of assets,
5.4. When membership is terminated, the entry fee or the operation fee is
not returned to the member or to the observer.
6. Rights and duties of members
Rights and duties of members are linked to the type of membership.
6. 1. A regular member
6.1.1. A regular member of the Association is entitled:
- to be elected and to elect members of the Executive Committee and
to approve the economist of the Association
- to present proposals, recommendations and complaints to the Board,
to the Executive Committee and to the chairman of the Association
- to vote in the Board
- to participate in discussions and activities of working groups,
committees and commissions of the Association
- to inspect documents of the Association and to check its activity
and financial management.
6.1.2. A regular member of the Association is obliged:
- to observe the Statutes of the Association, decisions of its
bodies and other regulations of the Association
- to participate in dealings of the Board and of the Executive
Committee (if it is its member)
- to provide – at the request of the Board, of the Executive
Committee or of the chairman of the Association – the organisation
authorised to process statistical information with background materials and
information in the required structure to find common solutions in the area
of fraud prevention or possibly other information relating to common
procedures advantageous for the members of Association, while the
independence of their business policy shall be observed,
- to deliver statistical data for a calendar quarter to the
organisation authorised to process them not later than on the last day of
the following calendar month. The authorised organisation shall publish
summary statistics by the 15th day of the following calendar month,
- to pay fees set by the Board of the Association in time.
6.2. An observer
6.2.1. An observer of the Association is entitled:
- to participate in the activity of the bodies of the Association
and of working groups, committees and commissions to which the observer has
been invited on the basis of a decision of the Executive Committee; to
present proposals, recommendations and complaints to the Board, to the
Executive Committee and to the chairman of the Association,
- to inspect documents of the Association on the basis of approval
of the Executive Committee,
- to leave the Association.
6.2.1. An observer of the Association is obliged:
- to observe the Statutes of the Association, decisions of its
bodies and other regulations of the Association,
- to pay fees set by the Board of the Association in time.
7. Bodies of the Association and specification of the scope of their
operation
Bodies of the Association are:
- the Board
- the Executive Committee
- the chairman of the Association
- the Office of the Association and the executive director of the
Association.
Representatives of the members may work in the bodies of the Association, in
working groups, in committees and in commissions on the basis of a
power-of-attorney granted by the members of the Association. This
power-of-attorney may contain the names of several authorised persons. A
member may also appoint an ad-hoc representative (for example, to accomplish
a specific task). The power-of-attorney is presented to the chairman of the
Association or, possibly, to the head of a working group, committee or
commission.
7.1. The Board of the Association
7.1.1. The highest body of the Association is its Board. The Board consists
of all regular members. By decision of the Board and/or of the Executive
Committee, observers may be invited to their discussions.
7.1.2. The Board is convened by the chairman of the Association at least
twice a year. However, the Board may also be summoned on the initiative of a
member of the Association if a third of all regular members of the
Association agree to it.
7.1.3. Discussions of the Board are steered by the chairman of the
Association.
7.1.4. The Board is authorised to deal with and decide on all issues
relating to the activity of the Association. This regards, in particular:
- changes, supplementation or abolishment of the Statutes of the
Association,
- election and recall of the members of the Executive Committee,
- approval of the draft annual budgets and of economic results of
the Association, approval of the economist of the Association,
- determination of the direction of further development of the
Association,
- admission of new members of the Association,
- exclusion of members from the Association,
- approval of the yearly membership operation fee, including
settlement of cases of damage, creation and abolishment of the bodies of the
Association etc.
7.2. The Executive Committee
7.2.1. The Executive Committee is authorised to manage activities in the
time between sessions of the Board and to provide for the fulfilment of
professional, operational and other tasks stipulated by the Board.
7.2.2. The Executive Committee consists of seven regular members elected by
the Board from among the regular members for a 2-year term of office.
7.2.3. The activity of the Executive Committee is managed by the chairman of
the Association, who convenes its sessions at least four times a year.
However, the Executive Committee may also be summoned on the initiative of a
member of the Executive Committee if at least three other members of the
Executive Committee agree to it.
7.2.4. The Executive Committee is authorised to deal with the following
matters, in particular:
- draft annual budget and processing of annual economic results of
the Association,
- proposal to appoint an economist of the Association,
- proposal to hire an officer/officers of the Association Office,
- proposal of technical and operational conditions for international
use of payment cards, ATMs and cash desk terminals,
- proposal of inter-bank fees,
- solution of security issues and fraud prevention,
- proposal to accept or deny an application for admission as a
member or as an observer of the Association,
- proposal to exclude a member or an observer from the Association,·
proposal of the amount of the membership entry fee of the Association,
- proposal of the amount and frequency of the operation fee of the
Association,
- proposal of the direction of further development of the
Association,
- proposal of the manner of handling cases of damage by the
Association,
- fulfilment of the tasks set by the Board to the Executive
Committee.
7.3. The chairman of the Association
7.3.1. The chairman is elected by the Executive Committee from among its
members at its first session. The term of office of the chairman is two
years long.
7.3.2. The chairman represents the Association in public. The chairman
manages and controls the activity of all bodies of the Association and
checks the fulfilment of tasks set by the Board and by the Executive
Committee.
7.3.3. If the chairman is absent, the chairman’s tasks are fulfilled in full
by the vice-chairman, who is elected in the same manner from among the
elected members of the Executive Committee for a 2-year term of office.
7.4. BCA Office and the executive director of the BCA
7.4.1. To ensure coordination, organisation and administration activities,
the Association creates the "BCA Office". On the basis of a lease agreement,
the Office is placed at the address: Vodičkova 28, 110 00 Praha 1, where the
Association has also its seat.
7.4.2. To manage operations of the BCA Office, the Executive Committee hires
and appoints an executive director of the BCA on the basis of a contract.
The contract stipulates the scope of the job, its conditions and other
requisites in compliance with applicable legislation.
7.4.3. To carry out administrative activities, the Executive Committee
may hire an administrative officer whose work and salary conditions are set
by agreement with the executive director of the BCA in compliance with
applicable legislation.
7.4. 4. The Executive Committee specifies both long-term and short-term
objectives of activities of the BCA Office in the Plan of Activities and
makes regular checks on its fulfilment. On the basis of a proposal of the
executive director of the BCA, it approves the budget of the BCA Office and
at least twice a year it checks its drawing.
8. Voting and elections
8.1.1. All decisions mentioned in paragraph 7.1.4. herein must be confirmed
by the Board’s vote.
8.1.2. All decisions and proposals mentioned in paragraph 7.2.4. herein must
be confirmed by the Executive Committee’s vote.
8.1.3. In all bodies of the Association, the voting may be proposed by any
regular member. The voting must then be carried out.
8.1.4. Every regular member has one vote.
In addition to this vote, each member acquires another vote
- for each 5%, even begun, of its share in the total number of
“active” payment cards of the association of international card companies in
the last period monitored for which relevant statistical background
materials are available. Active cards are cards maintained by the issuer as
apt to carry out transactions at the ultimo of the period monitored.
- for each 5%, even begun, of its share in the total number of ATMs
of members of the Association connected with a system/systems of
international card companies in the last period monitored for which relevant
statistical background materials are available,
- for each 5%, even begun, of its share in the total volume of
transactions of merchants accepting payment cards of international companies
in the last monitored period for which relevant statistical background
materials are available.
The maximal number of votes available to a member is 11. Observers do not
vote.
8.2.1. The Board has a quorum if an absolute majority of the members are
present, representing more than a half of the number of possible votes.
8.2.2. A decision of the Board is valid if at least an absolute majority of
all possible votes voted for it. Exceptions are:
- voting on the exclusion of a member from the Association
- change, supplementation or abolishment of the Statutes of the
Association and regulations of the Association
- determination of the direction of further development of the
Association
- voting on the termination of activity of the Association
- voting on the amount of the entry fee and operation fee of the
Association
Decisions of the Board on the above-mentioned points are valid if at least a
two-third majority of the votes voted for them.
8.3.1. The Executive Committee has a quorum if at least four of its members
are present, of whom one member is the chairman or the vice-chairman.
8.3.2. A decision of the Executive Committee is valid if at least an
absolute majority of all the members present voted for it.
9. Membership fee
Regular members and observers of the Association participate in the running
of the Association financially by way of entry fees and operation fees.
9.1. Membership entry fee
Each organisation admitted as a regular member or observer is obliged to pay
a membership entry fee to the credit of the current account of the
Association within 30 calendar days after it receives an announcement of its
admission. The announcement in writing is made by the chairman of the
Association. The amount of the membership entry fee is proposed by the
Executive Committee and approved by the Board. The membership entry fee is
non-refundable.
9.2. Membership operation fee
9.2.1. Each organisation which is a regular member or observer of the
Association participates in material provisions for the Association by way
of the operation fee. Its amount and the frequency of payments are proposed
by the Executive Committee and approved by the Board.
Members are obliged to pay the membership operation fee within 30 calendar
days after they receive an announcement of the claim to the fee and its
amount. The announcement in writing is made by the chairman of the
Association on the basis of approval of the operation fee by the Board. The
membership operation fee is non-refundable.
10. Economic management of the Association
10.1. Revenues and expenses of the Association
10.1.1. The Association is a non-profit organisation. The Association
obtains all financial funds through:
- membership entry fees
- membership operation fees
- contributions obtained within the framework of cooperation with
international card associations MasterCard, VISA, and possibly with other
associations.
10.1.2. All expenses of the Association are used for activities of the
Association, primarily for
- organising and arranging workshops and training of members of the
Association to provide them with new knowledge regarding the area of payment
cards,
- arranging common promotion of the members of the Association to
support the expansion of payment cards,
- arranging sessions of the Board and other common events of the
members of the Association arranged for the purpose of exchanging experience
and improving cooperation,
- arranging common events (training, workshops, marketing actions
and promotion) of the Association jointly with international card
associations Europay, MasterCard, VISA and the like,
- running the Office of the Association.
10.2. Economist of the Association
The Executive Committee proposes and the Board approves the economist of the
Association for a 2-year term of office. The economist of the Association is
responsible for the maintenance of the current account and other accounts.
The economist issues invoices and presents them to the members of the
Executive Committee for approval, supervises payments of receivables of the
Association, provides for book-keeping of the Association, provides the
Executive Committee and the Board with economic reports and with a draft
budget of the Association for the period in question.
10.3. Disposing of the Association’s funds
10.3.1. All members of the Executive Committee and the executive director of
the BCA are authorised to dispose of the funds deposited in the current
account of the Association. However, instructions must always be signed by
two officers at the same time. The chairman, the economist and the executive
director have the right to use the funds by way of direct banking (Internet
banking) on the basis of a prior approval of the payment by another
authorised officer.
10.3.2. All expenses of the Association exceeding CZK 50,000 must be
approved by the Executive Committee.
10.3.3. The economist of the Association prepares a report on economic
results and a draft budget for the relevant period in cooperation with the
executive director of the BCA. The materials are presented by the Executive
Committee and approved by the Board.
11. Handling cases of damage and losses
11.1. If the Association as a whole causes damage to any of its members or
to some other physical person or legal entity or if it suffers a loss, the
members of the Association participate in its settlement according to the
shares of their votes (point 8.1.4.). Observers do not participate in
payments for damage. Financial settlement is made by the economist without
delay after it is approved by the Board of the Association.
11.2. If needs arise, the Board may constitute a Damage Committee as its
advisory body to settle cases of possible damage and losses.
11.3. Final settlement of the Association in case of dissolution
All regular members participate in the liquidation balance or loss according
to the shares of their votes (point 8.1.4.) in the period before dissolution
of the Association.
12. Final provisions
12.1. These Statutes form an integral part of the Agreement on the
Association and are binding on all members of the Association.
12.2. The Statutes of the BCA are in effect from 5th March 1998 and may be
amended by a decision of the Board of the Association based on a proposal of
the Executive Committee. From 1st December 2009, this wording approved by
the Board of the Association shall replace the previous valid wording of
10th May 2009.
The Bank Card Association is an interest group of juristic persons - banks and other bodies which promote the expansion of payment cards in the Czech Republic and co-ordinate the related activities. On behalf of its members, the Associations conducts negotiations with both Czech and international payment card organisations. The Bank Card Association was registered on 14.9. 1992 with the Municipal Office of Prague 1 (Obvodní úřad Praha 1), complying with § 20i, Article 2 of Regulation No 47/92 Sb., Ref. No 22/92.
… Briefly from History …
In 1990 there was liberation of the Czechoslovak banking business. The SBČS was liberated from duties which had nothing to do with its role of bank of issue and these were passed on to the newly established Komerční Banka and Všeobecná úverová banka. Apart from the group formed of the two banks and Česká spořitelna, Slovenská spořitelna, Živnostenská banka and Československá obchodní banka (ČSOB), dozens of newly emerged financial institutions started providing financial services to citizens and company clientele.
These breaking changes had also their impact in the banks´ willingness to provide their clients with modern financial services including payment cards. As the country had been governed by planned economy for over 50 years, there was a severe lack of experience and information. For this reason the banks joined their endeavour striving for establishing a modern system of payment cards utilizing also abroad experience.
For the technological processes to operate effectively it was necessary to set up infrastructure for payment cards; the proposal by Komerční Banka to establish a common infrastructure was accepted by Všeobecná úverová banka, Investiční banka, ČSOB, Agrobanka and Tatra banka. The company MUZO was appointed to establish card centre and manage tenders for ATMS and later also for payment terminals. The concentration of specialists, capital and technology in a single location has paid off indeed. A modern and highly effective system of payment cards was set up within less than 12 months´ time at lower cost than there would have been incurred if the banks had built their systems individually.
On February 4th 1991 Interbank Payment Card Association was founded (called today Bank Card Association (BCA)) which has co-ordinated the banks´ activites. After the break-up of the Czech And Slovak Federative Republic, the BCA split in February 1993 into the Czech and Slovak branches which have maintained very good relationship up-to-date.
… BCA Today
The Bank Card Association is an interest group of juristic persons - banks and other bodies which promote the expansion of payment cards in the Czech Republic and co-ordinate the related activities. On behalf of its members, the Associations conducts negotiations with both Czech and international payment card organisations. The Bank Card Association was registered on 14.9. 1992 with the Municipal Office of Prague 1 (Obvodní úřad Praha 1), complying with § 20i, Article 2 of Regulation No 47/92 Sb., Ref. No 22/92.
Organisational Structure and Members
As stipulated in the Articles, there are two types of membership of the Bank Card Association: Full membership can be granted only to financial institutions. Other bodies can be granted the status of observers; this type of membership can be requested also by those financial institutions which do not wish to take active part in the entire range of the Association´s activities. New members are admitted by College which meets 2x a year and in which all members have their representatives. Voting is granted to full members only; their voting power derives from their respective shares on the market which is determined from the data available at the end of the previous year.
College elects 7 members to Executive Committee for a two year's term of office; Executive Committe elects its Chairman and Vice Chairman from its members.
Executive Committe
Citibank
a.s.
Česká spořitelna, a.s.
ČSOB
GE Money Bank
Komerční banka, a.s.
Raiffeisenbank,
a.s.
UniCredit
Bank Czech Republic, a.s.
… BCA activites focus on the following 5 themes: …
a) Technology
BCA memebers discuss and decide on basic rules for the operation of technological infrastructure (this applies) especially to banks co-operating with MUZO. On the BCA platform the multilateral "Domestic Payment Card Transaction Clearing Agreement" has been reached which secures the processing of non-accounting data on payment card transactions carried out within the Europay system in the Czech Republic and their passing on to the processing centre of Czech National Bank for settlement of accounts among the banks. There is an arbitration committee appointed within the domestic clearing system which is mandated to settle any conflicts which might arise in this modus operandi.
b) Security
Right from its founding, the Asociation has emphasized security of payment cards in the Czech Republic. It organised introductory payment card fraud prevention training In 1993 and has been organising regular meetings ever since held with experts in this field under participation of the international payment systems Europay, VISA, American Express and Diners Club. At the suggestion of Security Committee "Agreement on Unified Proceeding of Banks on the Field of Payment Card Acceptance with Business Partners" has been negotiated and signed; this agreement stipulates essential rules for the minimization of fraud risk in this domain.
BCA is a valuable partner to Czech Police and security departments of payment systems. For this reason the Security Commission has been set up the activity of which significantly contributes to professional enlightenment, risk and actual financial losses minimization due to frauds and evidence gathering for police investigations and lawsuits. The BCA´s Security Committee activities have remarkably helped to control the risk in mid 90s and to radically cut the payment card fraud rate in the Czech Republic at the end of 2000.
c) Legislation
BCA is accepted partner of Czech National Bank and Bank Association and is invited to drafting and amending bills of legal regulations concerning payment cards and means of electronic payments (e.g. Banking Law, Regulation on System of Payment). BCA is also contacted by other state institutions e.g. Economic Competition Protection Office to provide them with expert judgement on payment card issues.
d) Statistical indicators
Apart from the payment systems, BCA is the only body in the Czech Republic to collect detailed statistics on payment cards on the Czech market. These data, summarized and processed half-yearly mean an important basis for market analyses to BCA members. In this activity, BCA co-operates with responsible departments of the Czech National Bank; these process statistics and analyses of the central bank and prepare reports to EU bodies, BIS and others.
Detailed data are disseminated to member banks, summarized information is made available to the public and the media.
f) Educational activities
Every six months BCA
gives seminars on topical domestic and payment cards-related international
issues for its members and invited partners. The tutors are specialists from
the member banks, payment systems and other organisations. The participants
can in this way obtain up-to-date information essential for their activities
as well as information about products under preparation and technological
changes to payment cards. BCA also participates in organizing specialised
trainings given by payment systems for their member banks in individual
countries. BCA organizes sports and social events too.
Czech Bank Card Association - Executive Director
Mr. Roman Kotlán
Czech Bank Card
Association
Vodičkova ulice 28/699, 110 00 Praha 1
tel.: 00420 731 00 34 34,
email:
roman.kotlan*bankovnikarty.cz
Czech Bank Card Association
- Executive Commitee
Citibank
Europe
plc, org. složka Evropská 178 166 40 Praha 6 |
Milan
Řezníček phone: 233 061 781 fax: 233 062 990 milan.reznicek*citi.com |
|
Česká
spořitelna, a.s. Želetavská 1448/7 140 00 Praha 4 |
Karel
Kadlčák phone: 266 703 704 fax: 266 703 711 kkadlcak*csas.cz |
|
ČSOB Radlická 333, 150 57 Praha 5 Office: Anglická 20, 120 00 Praha 2 |
Peter
Demjanovič pdemjanovic*csob.cz |
|
GE Money Bank Vyskočilova 1422/1a, 140 28 Praha 4 - Michle |
Václav Netřebský phone: 224 444 008 fax: 224 441 764 vaclav.netrebsky*ge.com |
|
Komerční banka,
a.s. P.O.Box 839 114 07 Praha 1 |
Sirus Zafar phone: 955 533 050 fax: 955 533 055 sirus_zafar*kb.cz |
|
Raiffeisenbank,
a.s. Hvězdova 1716/2b 140 78 Praha 4 |
Věra Vajlíková phone: 222 111 926 vera.vajlikova*rb.cz |
|
UniCredit
Bank Czech Republic, a.s.
Na Příkopě 858/20
111
21 Praha 1
|
František Jungr phone: 224 125 320 frantisek.jungr*unicreditgroup.cz |
Czech Bank Card Association - Statistics
Mr. Milan Zátka
Czech Bank Card
Association
Vodičkova ulice 28/699, 110 00 Praha 1
tel.: 00420 224 162 433, fax: 00420 224 162 434,
email:
milan.zatka*bankovnikarty.cz