Act No. 191 / 2020 Coll.
Law on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on persons involved in legal proceedings, injured persons, victims of crimes and legal persons and on the amendment of the Insolvency Act and the Civil Code
Valid
Law
Effective from 24.04.2020
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191
THE LAW
of 17 April 2020
on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on persons involved in legal proceedings, injured persons, victims of criminal offences and legal persons and amending the Insolvency Act and the Civil Code
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE IMPACT OF CORONAVIR EPIDEMIA
INTRODUCTORY PROVISIONS
Definition of terms
(1) For the purposes of this Act, an emergency situation declared in accordance with Articles 5 and 6 of the Constitutional Law on Security of the Czech Republic by the Government of the Czech Republic in 2020 due to health threats related to the detection of a new coronavirus / known as SARS CoV-2 / in the Czech Republic.
(2) For the purposes of this Act, exceptional measures in the event of an epidemic shall mean:
(a) a crisis measure under Section 2 (c) of the Crisis Act adopted by the Government of the Czech Republic at a time of emergency,
(b) an emergency measure issued in 2020 by the Ministry of Health pursuant to § 69 (1) (b) or § 69 (1) (i), § 69 (2) and § 80 (1) (g) of the Act on Public Health Protection and pursuant to § 2 of the Act No. 94 / 2021 Coll., on emergency measures in the event of an outbreak of COVID-19 and on the amendment of certain related laws to the protection of the population and prevention of the risk of the emergence and spread of the disease of COVID-19 caused by the new Coronaviris SARS CoV-2,
(c) an emergency measure issued in 2020 by the Regional Health Station on the basis of § 69 (1) (b), § 69 (2), § 82 (1) and § 82 (2) (m) of the Act on Public Health Protection to prevent the further spread of the disease of COVID-19 caused by the new Coronavirus SARS CoV-2.
SPECIFIC PROVISIONS ON THE OPPORTUNITY OF EXEMPTIONS
Forgiveness of the delay in civil proceedings
(1) If a party or his representative has missed a period of time in civil proceedings to carry out an action for an excusable reason consisting of an emergency measure in the event of an epidemic which has prevented or significantly made it difficult for the participant or his representative to take action, the court shall waive the delay provided for in Article 58 of the Civil Code, even in cases where the law otherwise excludes it.
(2) The court which is responsible for the hearing and the decision on the missing action shall decide on the waiver of the time limit, except in the case of appeals, where the time limit is waived by the Court of First Instance.
(3) An application for remission of a time limit in civil proceedings for the reason referred to in paragraph 1 shall be made within 15 days of the termination or cancellation of an emergency measure which has led to a restriction which makes it impossible or significantly difficult to take action and shall be accompanied by the missed action. However, the deadline for the submission of a proposal under the first sentence shall not end less than 15 days after the end of or cancellation of the emergency situation.
(4) If the defendant has missed the time limit for observations pursuant to Article 114b (1) of the Civil Code for an excusable reason consisting of an emergency measure in the event of an epidemic which has prevented or significantly made it difficult for him to make the observations, the court shall, on application by the defendant, decide to waive that period and to revoke the judgment for recognition under Article 153a (3) of the Civil Code. Where the defendant has also lodged an appeal against the recognition judgment and the application under the first sentence has been definitively granted, the appeal shall not be taken into account.
Waiver of a time limit in administrative justice
(1) Where a person in proceedings before a court acting and deciding in an administrative judicial capacity has lost the time limit for carrying out an action on a serious justifiable basis consisting of an emergency measure in the event of an epidemic which has prevented or significantly made it difficult for that person to take action, the court shall waive the delay provided for in Article 40 (5) of the Administrative Code in cases where the law otherwise excludes it. Forgiveness of the time limit shall be decided by the court which is responsible for hearing the missed act and the decision on it.
(2) A request for remission of a time limit in proceedings before a court or tribunal, acting in a judicial capacity, for the reasons provided for in paragraph 1, shall be made within two weeks of the expiry or cancellation of an emergency measure in the event of an epidemic resulting in a restriction which would make it impossible or significantly difficult to take action and shall be accompanied by a missed act. However, the period for the submission of an application under the first sentence shall not end more than two weeks after the end or cancellation of the emergency situation.
Waiver of time-limits in enforcement proceedings and execution proceedings
(1) At the request of a person who has, during the period of the emergency measures in the event of an epidemic, missed the period prescribed for the execution of the enforcement proceedings, the court shall decide to waive that period if it is due to a restriction resulting from exceptional measures in the event of an epidemic which has made it impossible or significantly difficult for that person to take action.
(2) Where a request for remission of the time limit for lodging an appeal against a decision on the enforcement of a decision by the sale of immovable property and of the handicap of a commercial establishment in which the plant is sold or, where applicable, the execution of decisions on the disability of other property rights, paragraph 1 shall not apply if it has been transferred to the auctioneer of the right of ownership; in which case the request for remission of the time limit shall not be taken into account.
(3) A request for remission of a delay in enforcement proceedings shall be made within 7 days of the end or cancellation of an emergency measure in the event of an epidemic which has led to a restriction which makes it impossible or significantly difficult to take action, and shall be accompanied by a missing act. However, the period for the submission of an application under the first sentence shall not end more than 7 days after the end or cancellation of the emergency situation.
(4) Forgiveness of the time limit shall be decided by the court competent to order and enforcement. No appeal is admissible against the court's decision.
(5) The decision by which the court grants the request for remission of the time limit shall be served on the person referred to in paragraph 1 and on the parties. The decision by which the court rejects the request for remission of the time limit shall be served only on the person referred to in paragraph 1.
(6) In enforcement proceedings, an application may be made to suspend the enforcement of a decision on grounds referred to in Article 268 (1) (a), (b) and (h) of the Civil Code, even if the enforcement of the decision has been terminated during the period of application of the emergency measure. An application for cessation of enforcement may be made by a participant or its representative if, during the period of application of the emergency measure, it was unable to submit it before the enforcement of the decision, for an justifiable reason consisting of a restriction resulting from an emergency measure against an epidemic which prevented or significantly impeded the participant or its representative from making the application.
(7) Paragraphs 1 to 6 shall apply mutatis mutandis in the execution procedure. The actions of the court referred to in paragraphs 1 to 5 shall be carried out by the court executor; the request for remission of the time limit for the appeal shall be decided by the enforcement court, where the request for remission of the time limit for the appeal is made against the decision of the court or, in other cases, the court executive. In cases of special consideration, Article 57 of the Rules of Enforcement shall not apply.
(8) If, in the execution proceedings, the debtor has omitted a period of time for the enforcement of a claim pursuant to Paragraph 46 (6) of the Rules of Enforcement for an justifiable reason, consisting of a limitation resulting from an emergency measure in the event of an epidemic which has prevented or significantly made it difficult for the participant or his representative to carry out the action, and if, within 15 days of the termination or cancellation of the emergency measure, the court executor shall without delay issue an order to pay the execution costs of the recovery, taking into account the costs of the execution and the costs of the recovery which he has incurred in carrying out the execution beyond the costs of the execution referred to in Article 46 (6) of the recovery order. The execution shall be carried out within a reasonable period of time specified in the execution order for the execution of the execution order, by the reimbursement of any costs of execution and the costs of execution in excess of the execution costs referred to in Article 46 (6) of the execution order; If such execution costs or authorised costs are not imposed, the execution order shall be executed by legal authority. Otherwise, the executor continues to execute the execution.
Waiver of the deadline in insolvency proceedings
(1) At the request of a person who, during the duration of the emergency measures in the event of an epidemic, has missed the period prescribed for the execution of the insolvency proceedings, the insolvency court shall decide to waive that period if it is due to restrictions resulting from exceptional measures in the event of an epidemic which has made it impossible or significantly difficult for that person to take action. This is not the case if the matter to which the missed action relates has already been decided, or if the missing action has already been appealed or objected, if the decision against which they are against has already been taken by law; no such request to forgive the delay shall be taken into account.
(2) A request for remission of a delay in insolvency proceedings shall be submitted within 7 days of the end or cancellation of an emergency measure in the event of an epidemic which has led to a restriction which would make it impossible or significantly difficult to take action and which must be accompanied by a missed act. However, the period for the submission of an application under the first sentence shall not end more than 7 days after the end or cancellation of the emergency situation.
(3) The court which is responsible for the hearing and the decision on the missing action shall decide on the waiver of the time limit, except in the case of appeals, where the time limit is waived by the Court of First Instance. However, if an appeal is made pursuant to Paragraph 93 of the Insolvency Act, the court of appeal shall decide to waive the time-limit for its filing.
(4) An appeal shall not be admissible against a decision of the insolvency court on a request for remission of a time limit. The decision by which the insolvency court accepts the application shall be served only by publication in the insolvency register. The decision by which the court rejects the application shall be served by publication in the insolvency register and, in particular, by the person referred to in paragraph 1.
Forgiveness of the delay in proceedings under the Constitutional Court Act
(1) In proceedings under the Law on the Constitutional Court, an application may not be rejected only because it was lodged after the expiry of the time limit laid down for its submission by that law if the applicant has submitted it late as a result of the restrictions resulting from exceptional measures in the event of an epidemic which prevented or significantly impeded the application.
(2) An application shall be submitted within 15 days of the end or cancellation of an emergency measure in the event of an epidemic resulting in a restriction which makes it impossible or significantly difficult to submit a proposal and shall be accompanied by a reasoned request to forgive the delay. However, the period referred to in the first sentence shall not end more than 15 days after the end or cancellation of the emergency situation.
Recovery of criminal proceedings
(1) In the absence of a criminal authority, those who, during the period of emergency measures in the event of an epidemic, have missed the deadline for the implementation of the act laid down in or on the basis of the law governing criminal proceedings may request its recovery. Recovery shall be authorised by the law enforcement authority against which the action should have been taken or which is competent to rule on the appeal if the period has been missed as a result of restrictions on emergency measures in the event of an epidemic which has made it impossible or significantly difficult to carry out the action. Under the conditions set out in the second sentence, the time limit for the lodging of an application may also be refunded. Paragraph 61 of the Code of Criminal Procedure is without prejudice to this.
(2) Recovery shall be requested within three days of the end or abrogation of the emergency measure in the event of an epidemic resulting in restrictions preventing or significantly impeding the execution of the operation. However, the period for the submission of an application under the first sentence shall not end more than three days after the end of or cancellation of the emergency situation.
(3) If an action has not yet been taken, it shall be taken together with the application referred to in paragraph 1.
Waiver of a time limit in proceedings for the satisfaction of a property claim under the Law on the use of funds from property criminal penalties imposed in criminal proceedings
(1) The Ministry of Justice shall, by way of a resolution, waive the period laid down in Article 8 (1) and (4) of Act No 59 / 2017 Coll., on the use of funds from property criminal penalties imposed in criminal proceedings and on the amendment of certain laws, as amended by Act No 178 / 2018 Coll., if the period was missed during the duration of the emergency measures in the event of an epidemic resulting from restrictions on such measures, which prevented or significantly impeded the beneficiary from making submissions pursuant to Article 8 (1) or (4) of the Act on the use of funds from property criminal penalties imposed in criminal proceedings (hereinafter referred to as "the Act on the use of funds from property criminal penalties').
(2) The suspension of the time limit shall be requested within 15 days of the end or cancellation of the emergency measure in the event of an epidemic resulting in restrictions preventing or significantly making it difficult to make submissions under the Law on the use of funds from property criminal sanctions. However, the period for the submission of an application under the first sentence shall not end more than 15 days after the end or cancellation of the emergency situation.
(3) If the application has not yet been made under the Law on the use of funds from property criminal sanctions, it must be done together with a request to forgive the delay, otherwise the Ministry of Justice does not deal with it.
(4) If a time limit has been waived, the right to satisfy a special account property claim has not expired under § 8 (1) and (4) of the Law on the use of funds from property criminal sanctions imposed in criminal proceedings.
Forgiveness of the delay in proceedings for a request for assistance under the Victims Act
(1) By order, the Ministry of Justice shall waive the period laid down in Article 30 (2) of Act No. 45 / 2013 Coll., on victims of crimes and on the amendment of certain laws, if the period has been missed during the period of emergency measures in the event of an epidemic due to restrictions on such measures resulting from such measures which made it impossible or significantly difficult for the victim to apply for financial assistance under the Law on victims of crime.
(2) The time limit should be waived within 15 days of the end or cancellation of an emergency measure in the event of an epidemic which has led to restrictions preventing or significantly impeding the submission of a request for assistance under the Law on victims of crime. However, the period for the submission of an application under the first sentence shall not end more than 15 days after the end or cancellation of the emergency situation.
(3) If a request for cash assistance has not yet been submitted under the Crime Victims Act, it should be submitted together with a request for remission of the time limit, otherwise the Ministry of Justice does not deal with the request for forgiveness of the time limit.
(4) If a time limit has been waived, the right to cash aid has not been revoked by the expiry of the period provided for in Paragraph 30 (2) of the Criminal Victims Act.
Common provision on the justification of the decision
A decision which has been waived or authorised to be recovered for the reasons set out in Sections 2 to 5 and 7 to 9 need not be justified.
SPECIFIC MEASURES RELATING TO INSOLVENCY LAW
Special measures in relation to the special form of service in insolvency proceedings
Where the insolvency court or the insolvency law does not provide otherwise from Paragraph 75 (2) of the insolvency law, the document in insolvency proceedings shall be served separately only to the debtor, the persons to whom the insolvency court decides to file the insolvency proceedings and the persons to do something in insolvency proceedings; Paragraph 75 (2) of the insolvency law does not apply. The first sentence shall apply from the date of entry into force of this Law until 12 months after the end of the emergency measures in the event of an epidemic.
Specific measures in relation to the debtor's obligation to submit insolvency proceedings
(1) Paragraph 98 (1) of the First Insolvency Act does not apply in the period from the date of entry into force of the Act until 6 months after the expiry of the emergency measure in the event of an epidemic. This is not the case if the bankruptcy occurred prior to the adoption of an emergency measure in the event of an epidemic, or if the bankruptcy was not mainly due to circumstances relating to an emergency measure in the event of an epidemic which would make it impossible or significantly difficult for the debtor to fulfil his financial obligations.
(2) Notwithstanding the duration of the emergency measures in the event of an epidemic, the measures referred to in paragraph 1 shall expire on 30 June 2021 at the latest.
Specific measures in relation to insolvency plans submitted by creditors
(1) The insolvency proposal submitted by the creditor from the date of entry into force of this Act until 31 August 2020 shall not be taken into account.
(2) The creditor who made the insolvency application at the time referred to in paragraph 1 shall be informed by the insolvency court that his application is not taken into account by a resolution against which appeals are not admissible.
(3) This provision shall not prevent a creditor from making a new insolvency proposal after 31 August 2020.
Special measures in relation to the performance of the repayment schedule
(1) In the case of a decision pursuant to Paragraph 407 (3) of the Insolvency Act, where that decision was issued in the period from the date of entry into force of that Act until 12 months after the expiry of the emergency measure in the event of a decision under Paragraph 407 (3) of the Insolvency Act, Article 398 (4) of the Insolvency Act shall not apply. The debtor's proposal is not bound by the insolvency court. The decision referred to in the first sentence shall be delivered separately only to the debtor and the appeal against him shall not be admissible.
(2) A decision under Paragraph 407 (3) of the Insolvency Act may be taken in deleveraging by fulfilling the repayment schedule in insolvency proceedings initiated by 30 June 2017, even without the opening of a meeting of creditors and the recommendation of creditors on the debtor's request for a different amount of monthly instalments.
(3) In insolvency proceedings initiated and in which a decision on the debtor's insolvency has been taken by 31 May 2019, the insolvency court will not abolish the approved debt relief under Paragraph 418 (1) (b) of the Insolvency Act if the failure to comply with a substantial part of the repayment schedule would be mainly due to circumstances relating to an emergency or other measure taken by the Czech Republic by 30 June 2021 in response to the spread of COVID-19 disease caused by the new Coronavirus SARS CoV-2.
Specific measures in relation to the conditions for the exemption of the debtor from payment of claims
(1) The insolvency court may, on application by the debtor, grant the debtor an exemption from the payment of debts included in the debt to the extent that they have not yet been satisfied, even if the value of the transactions received by non-secured creditors, upon completion of the debt, is less than 30% of their claims, or less than 50% of their claims, if the court has decided pursuant to Article 398 (4) or Article 407 (3) of the insolvency law, or less than the value of the transactions agreed with the debtor.
(2) Paragraph 1 shall apply provided that the debtor proves that this value of performance has not been achieved due to circumstances which he has not caused. It is considered that the debtor did not cause the circumstances arising as a result of the limitation of an emergency measure in the event of an epidemic, or another measure taken by the Czech Republic in response to the spread of the disease COVID-19 caused by the new Coronavirus SARS CoV-2, which made it impossible or significantly difficult to fulfil the obligations under the approved debt relief method.
(3) Paragraph 415 of the First and Second Insolvency Act, as amended by 31 May 2019, does not apply.
Specific measures in relation to the implementation of the reorganisation plan
(1) In the insolvency proceedings in which, on 12 March 2020, a reorganisation plan which has not yet been fully implemented has been definitively approved, the debtor is entitled to propose to the insolvency court, at a time when the effects of the measure referred to in Article 12 continue, that the debtor be entitled to suspend the implementation of the reorganisation plan temporarily, at the latest until the end of the period for which the measures referred to in Article 12 continue. The insolvency court shall take a decision on this application following the observations of the insolvency administrator and the creditor committee. Appeals against this decision shall not be admissible.
(2) For the period covered by the decision referred to in paragraph 1, a decision on the conversion of reorganisation into bankruptcy under Paragraph 363 (1) (d) of the insolvency law may not be taken. The debtor's obligation to fulfil obligations other than those arising from the approved reorganisation plan shall not be affected by the decision referred to in paragraph 1.
(3) In the decision referred to in paragraph 1, the insolvency court may take measures to protect the legitimate interests of creditors, if necessary.
(4) A decision to temporarily suspend the implementation of the restructuring plan or to take measures to protect creditors shall be amended or annulled by the insolvency court on its own motion, if there are serious reasons.
Specific measures in relation to the running of periods applicable for the purposes of ineffectiveness of legal acts
The duration of the duration of the effects of the measure under Article 12 shall not be counted against the period which, pursuant to Articles 240 (3), 241 (4) and 242 (3) of the insolvency law, is decisive in determining whether the debtor's legal acts may be contradicted by the procedure laid down in Article 235 et seq.
SPECIFIC MEASURES RELATING TO LEGAL PERSONS
(1) The rights and obligations referred to in paragraphs 20 to 22 arise only during the duration of the emergency measures in the event of an epidemic which makes it impossible or significantly difficult to hold meetings of a legal entity, but not later than 31 December 2020, unless otherwise specified.
(2) Paragraph 19 shall apply until 30 June 2021, irrespective of the duration of the emergency measures in the event of an epidemic.
Specific measures in relation to decisions of legal entities
(1) A body of a legal person may take decisions outside a meeting in writing or using technical means, even if it is not permitted by the founding act. Other conditions of decision-making outside the meetings of the institution in writing or of decision-making of the institution using the technical means provided for by law or, where applicable, the founding act shall not be affected.
(2) In the case of a supreme authority, the statutory authority shall determine the conditions for decision-making provided for in paragraph 1, or, in the case of another authority, the other authority, unless the law or the founding act provides for the conditions for decision-making provided for in paragraph 1. Those conditions shall be notified to the members of the institution in good time before the decision-making.
(3) Paragraph 652 (2) of the Commercial Corporations Act does not apply. Paragraphs 652 (1) and 653 to 655 shall apply mutatis mutandis to decisions of delegates per roll.
Specific measures in relation to members of an elected legal entity
(1) Where the term of office of a member of the elected body of a legal person expires, his term of office shall be extended until 3 months after the date of expiry of the emergency measures in the event of an epidemic; This shall also apply if the term of office expires within a period of 1 month from the day following the date of expiry of the emergency measures in the event of an epidemic.
(2) If a member of the elected body does not agree to extend the term of office referred to in paragraph 1, he shall deliver the opposition before the expiry of the term of office to a legal person. In that case, the term of office of a member of the elected authority shall not be extended.
(3) If the number of members of an elected body of a legal person does not fall below half, the institution may appoint alternate members by the next meeting of the body which is entitled to elect or appoint, even if the founding act does not allow it. The decision shall require the consent of all existing members of the institution, unless otherwise specified in the founding act.
(4) For the purposes of this Act, a member of an elected body shall mean a person who is a member of an institution of a legal person and who is elected, appointed or otherwise called to office.
Specific measures to discuss the proper accounts of the commercial corporation
If the legal deadline for the hearing of the statutory accounts of a limited liability company, a public limited company or cooperative should expire less than 3 months after the end of the emergency epidemic, it shall expire 3 months after the end of the measure but no later than 31 December 2020; Articles 181 (2), 403 (1) and 638 (2) of the Commercial Corporations Act shall not apply.
Transitional provisions
(1) If the term of office of a member of an elected body has elapsed between the date of the adoption of the emergency measure in the event of an epidemic and the date of entry into force of this act, his duties shall be renewed if he agrees and if no other member of the elected authority has been elected to him or her before the date of adoption of the emergency measure in the epidemic and the date of entry into force of this act. The function of a member of an elected body shall be renewed on the date of receipt of the consent to renew the post to a legal person and shall expire 3 months after the date of expiry of the emergency measure.
(2) Where decisions taken by the body of a legal person using technical means have been convened or taken outside a meeting in writing before the date of expiry of the emergency measures in the event of an epidemic, they shall be completed under the conditions laid down in this Act.
SPECIFIC MEASURES RELATING TO THE PERFORMANCE OF THE DECISION AND EXECUTIONS
Enforcement of decisions by the sale of movable property
(1) The Court of Justice shall not, unless otherwise provided, execute the judgment by 30 June 2021 by selling movable property. The Court of First Instance may make a different list under Paragraph 327a of the Civil Code, it shall make an inventory on the spot if necessary for the conduct of proceedings. The court will ensure that the case is filed only in case of special consideration.
(2) Paragraph 1 shall not apply where:
(a) the debtor shall notify the court in writing that he is to proceed with the enforcement of the decision by selling movable goods; from the date on which he received the written notification of the debtor, the court in enforcement of the judgment shall continue to sell the movable cases; or
(b) the enforcement of decisions by the sale of movable property is enforced by claims for maintenance, claims for compensation for damage caused by injury or claims for damages caused by intentional offences.
Enforcement of the decision by the sale of immovable property
(1) By 31 January 2021, the court shall not execute the enforcement of the judgment by selling the immovable property in which it has a compulsory place of residence.
(2) Paragraph 23 (2) shall apply mutatis mutandis.
(1) The remuneration or other similar performance provided by staff or a member of an integrated rescue system or critical infrastructure component for the successful completion of an exceptional or particularly important work or service task related to the performance of tasks set out in crisis measures and emergency measures of the Ministry of Health at the time of the CoVID-19 epidemic is subject to the execution or execution of a decision of only one half.
(2) He who has paid the performance referred to in paragraph 1 must inform the executor, at his written request, whether the performance is provided for the performance of the task referred to in paragraph 1.
(1) Save as otherwise provided in this Title, the provisions of the Civil Code shall apply mutatis mutandis to the procedure laid down in Sections 23, 24 and 24a.
(2) Paragraph 23 to 24 and paragraph 1 shall apply mutatis mutandis to the execution procedure.
Transitional provisions
(1) Unless otherwise specified, this law shall also apply to proceedings initiated before the date of entry into force of this law; the legal effects of the proceedings before the date of entry into force of this Act remain.
(2) Paragraph 23 and 24 shall not apply in enforcement proceedings and in enforcement proceedings initiated before the date of entry into force of this Law if a case has been granted before the date of entry into force of this Law.
SPECIFIC MEASURES RELATING TO THE PERFORMANCE OF THE DECISION BY THE CONTRACT OF ACCOUNTS AT THE MONEY CONSTITUTION
Special measures in relation to the enforcement of decisions by ordering a claim from an account with a money institution
(1) In the period from the date of entry into force of this Act until 30 June 2021, the prohibitions set out in paragraphs 1 and 3 of Section 304 of the Civil Code shall not apply to funds up to four times the minimum life of an individual under the special legislation1).
(2) The amount of the life minimum of the individual shall be determined in accordance with a specific law effective at the time of service of the order for enforcement to the financial institution.
(3) Paragraph 304b of the Civil Code shall apply mutatis mutandis unless otherwise provided for in paragraphs 1 and 2.
Transitional provisions
(1) Paragraph 27 shall also apply to proceedings initiated before the date of entry into force of this Law, unless otherwise specified. the legal effects of the proceedings before the date of entry into force of this Act remain.
(2) If the resolution on the enforcement order has been delivered to the Money Institute before the date of the entry into force of this Act, the amount of the life-minimum of the individual shall be determined in accordance with the specific legislation effective on the date of entry into force of this Act, as from the date of entry into force of this Act.
SPECIAL PRECAUTIONS FOR THE DISPOSAL OF UNUSED PRODUCTS OR WASTE MATERIALS
Specific provisions on late payment
If the debtor demonstrates that the limitation resulting from the emergency measure in the event of an epidemic has made it impossible or significantly hampered the timely execution of the cash debt, the debtor may, for the duration of that period, be required to impose penalties in the event of default only up to the amount laid down by the legislation governing interest on late payments. These effects shall expire on 30 June 2020 at the latest.
Arrangements derogating from Paragraph 29 shall not be taken into account.
Transitional provision
The provisions of paragraphs 29 and 30 of this Law shall apply to delays that have occurred since 12 March 2020. However, they shall not apply to obligations arising from contracts concluded after the date of entry into force of this Law.
Amendment of insolvency law
Act No. 182 / 2006 Coll., Act No. 182 / 2006 Coll., Act No. 182 / 2006 Coll., Act No. 182 / 2006 Coll., Act No. 108 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 188 / 2011 Coll., Act No. 301 / 2008 Coll., Act No. 458 / 2008 Coll., Act No. 409 / 2009 Coll., Act No. 69 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 183 / 2009 Coll., Act No. 217 / 2009 Coll., Act No. 260 / 2010 Coll.
1. The following Section 127a is inserted after Section 127:
Extraordinary moratorium
(1) By 31 August 2020, the debtor, who is an entrepreneur and who was not bankrupt on 12 March 2020, may submit an application for an extraordinary moratorium before the insolvency court starts the insolvency proceedings or after the insolvency proceedings have been initiated. If an application for an exceptional moratorium submitted after the opening of insolvency proceedings on the application of another person, it must be submitted within 15 days of the receipt of the insolvency application by the insolvency court. Unless otherwise specified, the proceedings on this proposal and the effects of the extraordinary moratorium § 117 to 124, § 126 (1), (3) and (4) and § 127 shall apply. Paragraphs 118 (1), 119 (2), 120 (2) and 122 (1) and (3) shall not apply.
(2) The proposal for an extraordinary moratorium must include, in addition to the general procedural requirements:
(a) the circumstances on which the local jurisdiction of the insolvency court is based within the meaning of Article 7b;
(b) a statement that the debtor's centre of main interests is in the Czech Republic or other circumstances on which the international jurisdiction of the insolvency court is based;
(c) the number of debtors' employees in employment relative to the date of the application;
(d) the amount of the debtor's turnover over the last financial year;
(e) an affidavit by the debtor that:
i. an extraordinary moratorium is proposed as a result of exceptional epidemic measures within the meaning of Section 1 of the Act on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 on persons involved in legal proceedings, damaged, victims of crimes and legal persons, or other measures taken by the Czech Republic in response to the spread of the disease COVID-19 caused by the new Coronavirus SARS CoV-2,
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
In the course of the two months preceding 12 March 2020, he did not, nor did he, pay any special interest in profits to members, members or shareholders or persons controlled or controlled by him or to members of the institution, or otherwise distribute their own resources among them, nor did he provide them with other extraordinary benefits, including early repayment of loans or loans, or that any such benefits were repaid.
(3) The insolvency court will declare an exceptional moratorium if the application for an extraordinary moratorium contains the prescribed formalities and if the insolvency application has not yet been decided; otherwise it rejects the proposal for an extraordinary moratorium. In the decision declaring an extraordinary moratorium, the insolvency court shall always state that it is an extraordinary moratorium.
(4) The publication of the decision on the publication of an exceptional moratorium in the insolvency register is accompanied by the effects of § 109 (1) (b) and (c), paragraphs 2 and 6 and § 111. Paragraphs 112 and 113 shall apply mutatis mutandis. In the period following the submission of the application for an extraordinary moratorium, the debtor shall make every effort to ensure that creditors are satisfied as far as possible, and shall give priority to the interests of his or her own and those of others.
(5) For the duration of the exceptional moratorium, Paragraph 111 does not prevent the debtor from using public aid granted to entrepreneurs to mitigate the effects of the disease COVID-19 caused by the new Coronavirus SARS CoV-2.
(6) Obligations directly related to the maintenance of the business following the publication of an exceptional moratorium shall, for the duration of the undertaking, be entitled to pay priority to the previously due liabilities. Persons who are not entitled to terminate contracts with the debtor by way of notice or withdrawal under Paragraph 122 (2) shall not be entitled to refuse, for the duration of an exceptional moratorium, the performance or continuation of such contracts, or for any other reason, unless it is a refusal to redraw a credit or other cash payment as a result of a breach of the condition for its provision which occurred prior to the announcement of the extraordinary moratorium.
(7) Time limits for the exercise of rights vis-à-vis the debtor for the duration of the exceptional moratorium do not start or continue to run.
(8) The insolvency court may, on application by the debtor, extend the exceptional moratorium by a maximum of 3 months if the debtor attaches to such an application a list of his obligations which he honestly declares to be complete and correct at the date on which the application is lodged and a written statement by the majority of his creditors, calculated on the basis of their claims, that he agrees to the extension of the exceptional moratorium. If the creditor's declaration is not delivered to the insolvency court in electronic form signed by a recognised electronic signature of the creditor or sent from the creditor's data box, the creditor's signature on that declaration shall be officially verified. Paragraph 53 does not apply.
(9) Before the disappearance of the extraordinary moratorium pursuant to § 126 (4), the insolvency court shall also abolish the extraordinary moratorium in accordance with the procedure laid down in § 124 (2) (b), § 3 and 4. Paragraph 124 (5) shall not apply. Paragraph 124 (2) (a) shall apply only where an extraordinary moratorium has been extended in accordance with paragraph 8.
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Regulation Information
| Citation | Act No. 191 / 2020 Coll., on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on persons involved in legal proceedings, damaged persons, victims of criminal offences and legal persons, and amending the Insolvency Act and the Civil Code |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2020 |
|---|---|
| Effective from | 24.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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