Act No. 100 / 1950 Coll.
Company Register Act
Valid
Effective from 24.08.1950
100.
Law
of 13 July 1950
on the company register.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Basic provisions.
The management and composition of the company register.
(1) National undertakings, state undertakings, municipal undertakings, folk cooperatives and public limited liability companies (hereinafter referred to as "undertakings") are registered in the company register.
(2) The company register shall be kept by the district court at the seat of the Regional Court for undertakings which have its registered office in the territory of that court (the "Register Court ').
(3) The business register shall consist of a register and a register file.
Content of the minutes.
(1) All undertakings shall be registered: the manner and time of establishment of the undertaking, its name, registered office, the authorities authorised to represent the undertaking and the members of those bodies, as well as the way in which they represent and sign for the undertaking. In the case of a folk cooperative, the amount of the member's share in the company's register as paid up by the members and contributing to the payment of the deficit should also be entered in the register for the public limited liability company, the nominal value of the shares and their type. The procura and the spawning race are also registered.
(2) Amendments and termination of the facts referred to in paragraph 1 shall also be subject to registration.
(3) The register court may, at its discretion, enter in the register a fact other than that referred to in paragraph 1 if this is required for the purpose served by the public of the company register.
Announcement.
Entries in the company register shall be declared in the relevant official documents.
Public register.
Each company register shall have the right to inspect and request official copies or certificates from it.
The effects of the minutes.
(1) Once the registration in the company register has been carried out and declared, no one can apologize for its ignorance.
(2) A non-registered fact can only be applied against those who prove to have known it.
(3) The person acting in confidence in the registration cannot argue that the registration is not comparable to the truth.
Minutes.
Motion forms.
(1) Entries in the company register shall be made on request by persons under the legislation of the mandatory. The motion must be made without delay. If this is not the case even at the court's request, a person may be obliged to be required by the court to fulfil his or her obligation with financial fines up to 50 000 CZK.
(2) The facts proposed for registration must be proved.
(1) The signature of the persons authorised to represent the undertaking and the signature thereof shall be submitted to the Registry Court in an officially certified form. The signatures of these persons do not need to be officially verified on the proposals.
(2) If the application for a decision by an undertaking's authority is supported, it is sufficient that a copy of the registration issued by it is certified as correct by the persons authorised to sign the undertaking.
An application for registration in a company register may also be made by another person, if he attests to the legal interest and if he proves that the facts are sufficient to enable the registration to be carried out.
It's official.
In order to ensure compliance of the status of the register with that of the actual state, the Registry Court may, on its own initiative, carry out the registration and establish the necessary factual basis for it. In such a case, it shall first, if it has not done so before and if it is appropriate in the nature of the case, invite the person required to make the application to fulfil his or her duty.
(1) If the split plant has its registered office outside the perimeter of the registered court of the main undertaking, it shall also be registered, by its own authority, with the registered court in accordance with the registered office of the principal undertaking. Paragraph 2 shall apply mutatis mutandis to the content of the registration.
(2) Such registration shall be made after registration by the registered court of the main undertaking, on the basis of a communication by that court. An extract from the company register shall be attached to the notification.
Driving.
Unless otherwise provided for in this law, the general law on legal proceedings in matters of the company register shall apply.
Notification obligation.
Where a court, office, other public authority or interest organisation in its field of competence finds that the obligation to propose registration has not been fulfilled, it shall notify the competent registry court without delay.
Transitional and final provisions.
(1) As regards the undertakings referred to in Paragraph 1 (1), the company register shall replace the existing business registers (corporate registers) from the date of the entry into force of this Act. These undertakings shall be transferred to the company register within the scope of the entries on the date of the entry into force of this Act which are not deleted. Until that happens, they look at them as if they were registered in a company register under this law.
(2) The cooperative shall be transferred to the company register without further delay only if it is a people's cooperative established under specific legislation. Otherwise, only if he provides confirmation from the Central Council of Cooperatives that he is a people's cooperative.
(3) The government regulation will determine when the existing registers will be cancelled. If not, the current legislation shall apply to proceedings concerning these registers.
The Minister of Justice is hereby authorised to:
(a) issue more detailed provisions on the division of the register;
(b) provide that undertakings and facts other than those laid down in this Act are to be entered in the company register;
(c) it amended and, if the public interest so requires, restricted the scope of the declaration of entries (§ 3), as well as the right to consult and require official copies or certificates (§ 4).
On the date of the entry into force of this Act, subject to the provisions of Paragraph 13 (3), the validity of any provisions contrary to those provisions shall be revoked, in particular:
1. the provisions of § § 10 to 18 of the law of incorporation to Commercial Law No 1 / 1863 of the Czech Republic and Articles 12 to 14 of the Commercial Law;
2. Paragraph 7 to 9 of Article XXXVII / 1875;
3. Regulation No 27 / 1863 of the Council issuing the necessary provisions for the establishment and maintenance of a commercial register;
4. Regulation No 71 / 1873 of the Council laying down the provisions necessary for the implementation of the Law of 9 April 1873, No 70 of the Court of Justice of the European Union, on the communities of earnings and economic affairs, as regards the establishment and management of the social register;
5. Regulation No 26.922 / 1875 L (uh. min., trade and industry) on the establishment and maintenance of registers of commercial firms;
6. Regulation No 40 / 1901 of the Minority of Rights, on the publication of entries in the Commercial Register;
7. Regulation No 89 / 1906 on changes to the business register to be established and maintained;
8. Government Decree No. 397 / 1919 Coll., amending the regulations on the publication of registrations;
9. Decree No. 272 / 1920 Coll., implementing the Act of 15 April 1920, No. 271 Coll., extending the Law of 6 March 1908, No. 58,
10th Act No. 22 / 1948 Coll., on certain measures in the field of registration law.
This Act shall take effect 30 days after its publication; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Rais v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 100 / 1950 Coll., on Business Register |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.1950 |
|---|---|
| Effective from | 24.08.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0