Act No. 179 / 2013 Coll.
Act amending Act No. 513 / 1991 Coll., Commercial Code, as amended
Valid
Law
Effective from 01.07.2013
Text versions:
01.07.2013
28.06.2013
179
THE LAW
of 11 June 2013
amending Act No. 513 / 1991 Coll., Commercial Code, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No.
1. § 38b reads:
(1) In the case of a division of a legal entity (hereinafter referred to as "registration of a division '), the business register of the acquired or distributed legal entity shall include an indication that it has ceased to exist by division or that part of its assets have been split, indicating the company, the registered office and the identification number of all the successor legal entities. The entry of a foreign successor legal person in the foreign trade register, including the number of such registration, shall also be entered when the cross-border division is entered.
(2) To be registered with the successor
(a) in the case of split with the formation of new legal persons, except for data recorded at the time of the formation of a legal person, an indication that the assets of the acquired legal person have been transferred to it by the company, the registered office and the identification number of the legal person to which the division originated, and the companies, offices and identification numbers of the other legal persons that were created by the split; This applies mutatis mutandis to the separation of new companies,
(b) at the time of the split-up, an indication that the assets of the acquired legal person referred to in the split-up project, the firm, the registered office and the identification number of the legal entity which has ceased to exist, and the companies, offices and identification numbers of other legal persons to which the other parts of the assets of the merging legal entity have been transferred, and any changes to the previously registered details of the successor legal person; This applies mutatis mutandis to separation by merging.
(3) The identification number of a foreign legal person is to be entered only if it has been allocated to it. "
2. in Article 263 (1), "341, 344, 365, 369a (4) to (7)," shall be replaced by "§ 340 (4) to (6), § 341, 343a, 343b, 344, 365,";
3. In Paragraph 340, paragraphs 3 to 6 are added:
"(3) The price for the supply of goods or services in the relations referred to in Article 261 (1) or the obligation to supply goods or provide services for remuneration to the debtor shall be payable within 30 days of:
(a) from the date on which the invoice or other notice of a similar nature was delivered to him;
(b) even without a call for compliance
1. from the date of delivery of the goods or services, if it is not possible to determine the date of delivery of the invoice or other invitation of a similar nature, or if the invoice or other notice of similar nature is received before the goods or service,
2. from the date on which the goods or services were taken over and, where appropriate, verification that the undertaking had been duly fulfilled, and if an invoice or other invitation of a similar nature was received before the goods or services were taken over or verified.
(4) Contracting Parties may only negotiate a maturity of more than 60 days if this is not grossly unfair to the creditor.
(5) Where the taking-over of the goods or services is agreed and, where appropriate, the verification that the goods or services have been properly carried out, the agreed time of such taking-over or verification may not exceed 30 days. A takeover or verification period of more than 30 days may be agreed only if this is not grossly unfair to the creditor.
(6) Where the debtor is a contracting authority, the maturity of the payment of more than 30 days may be agreed only if justified by the nature of the obligation and the maturity of the payment does not exceed 60 days, the date of receipt of the invoice or other call of a similar nature may not be the subject of a contractual arrangement; the provisions of paragraph 4 shall not apply. The first sentence shall also apply to relationships between the creditor and the subcontractor where the creditor fulfils the obligation of the contracting authority through the subcontractor. ';
4. The following Section 340a is inserted after Section 340:
Paragraph 340 shall be without prejudice to the right of the Contracting Parties to negotiate transactions in the form of instalments. '.
5. The following Sections 343a and 343b are inserted after Section 343, including footnote 22:
The agreement on the period of performance derogating from Paragraph 340 (4) to (6) and the agreement on the amount of late payment interest, if it is grossly unfair to the creditor, is invalid. The legal entity set up to defend the interests of entrepreneurs may also invoke its invalidity.
(1) An agreement excluding interest on late payments is grossly unfair.
(2) It is considered that an agreement which excludes reimbursement of the costs associated with the recovery of the claim is grossly unfair.
22) Directive 2011 / 7 / EU of the European Parliament and of the Council of 16 February 2011 on combating late payments in commercial transactions. '
6. In Article 369, at the end of paragraph 1, the sentence "The creditor shall be entitled, in addition to interest on late payments, to pay the minimum amount of costs associated with the application of his claim to the extent and under the conditions laid down by the Government's regulation. '
(7) Paragraph 369a is deleted, including footnote 18.
Transitional provision
If there has been a delay in fulfilling the obligation before the date of entry into force of this Act, the effects of such delay shall be assessed in accordance with existing legislation.
Efficacy
That law shall take effect on the first day of the first calendar month following its publication.
Germany
Zeman v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 179 / 2013 Coll., amending Act No. 513 / 1991 Coll., Commercial Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2013 |
|---|---|
| Effective from | 01.07.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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