Decree No. 2 / 2010 Coll.
Decree amending Decree No. 312 / 2007 Coll., on the content and other requirements of insolvency practitioners' examinations
Valid
Effective from 08.01.2010
2
DECLARATION
of 29 December 2009
amending Decree No. 312 / 2007 Coll., on the content and other requirements of insolvency practitioners' examinations
In agreement with the Czech National Bank, the Ministry of Justice provides, pursuant to § 37 paragraphs 1 and 2 of Act No. 312 / 2006 Coll., on Insolvency Managers:
Decree No. 312 / 2007 Coll., on the content and other requirements of insolvency practitioners' examinations, is amended as follows:
1. In Article 3, at the end of the text of paragraph 1, the dot is replaced by a semicolon and the words "the special test of the insolvency administrator shall consist only of the oral part."
2. In Article 3 (3) (c), "insolvency 'is replaced by" insolvency'.
3. In Paragraph 3 (4), the words "oral parts of the special test 'are replaced by the words" special test'.
4. In Paragraph 3, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) insolvency law.";
5. In Article 3, the following paragraph 5 is added:
"(5) The difference test of the insolvency administrator shall always examine the knowledge of the applicant in the area of insolvency law. ';
6.
An invitation to the examination, stating the date, time and place of the written and oral part of the examination, shall be sent by the Ministry of Justice (hereinafter referred to as "the Ministry ') to the tenderer no later than three weeks before the date of the written part of the examination, together with an invitation to pay the admission fee. The replacement date shall be fixed by the tenderer in the event that he duly and in due time has apologized in accordance with Article 11 (2).';
7. The heading of Section 7 reads: "Test Panel on Insolvency Trustees and Differential Tests of Insolvency Trustees."
8. Paragraph 7 (1) reads as follows:
"(1) The Insolvency Trustees' Trial Board and the Insolvency Trustees' Differences Trial Board shall be five members. The members of the Examination Board shall be appointed and removed by the Minister of Justice from the staff of the Ministry and other persons. Members of the Commission shall have completed university education in a master's degree in economics or law. '.
9. The following Sections 7a and 7b are inserted after Section 7, including the headings:
Test panel for special tests of insolvency administrators
(1) The panel for the special examinations of insolvency administrators is seven members and is permanent. The members of the special examination panel are appointed and dismissed by the Minister of Justice, of which two members in agreement with the Governor of the Czech National Bank. Members of the Commission must have completed their university education in a master's degree in economics or law.
(2) The special test panel shall be quorum if at least five members are present.
(3) The decision of the special examination panel must be approved by an absolute majority of its members.
(4) The President of the Examination Board shall be appointed and removed by the Minister of Justice.
(5) The Chairman of the Examination Committee shall manage the course of the examination and ensure its professional level.
(6) During the special examination, the candidate may, with the agreement of the Chairman of the Test Panel, inspect the aids referred to in Section 9 (4).
Interpretation of the members of the test committee
The members of the Examination Board shall be required and applicants shall have the right to communicate to the Ministry, at the latest before the beginning of the examination, any facts which might lead to doubts as to the impartiality of the members of the Examination Board in relation to the applicant. ';
10. in Paragraph 9 (4), the words "journal and book literature" shall be deleted;
11. in Article 11 (2), the words "in the alternative period laid down by the Ministry in the invitation for the examination" shall be replaced by the words "in the other period laid down by the Ministry."
12.Paragraph 11 (3) reads as follows:
"(3) If, for serious reasons, the candidate cannot attend the oral part of the exam within a specified other time limit and does not participate within 10 calendar days of the date of the oral part of the examination in writing to the Ministry, he may perform the examination within the replacement period specified by the Ministry. If the candidate does not properly and in good time excuse his non-participation at another time of the oral part of the examination, the degree shall not succeed. ';
13. in Article 12 (4):
"(4) If the candidate failed the oral part of the examination, he shall not be obliged to repeat the written part of the examination, which he has passed successfully. ';
14. in Article 13 (1), point (i) is deleted;
Points (j) and (k) shall be renumbered as points (i) and (j).
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Kovářová v. r.
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Regulation Information
| Citation | Decree No. 2 / 2010 Coll., amending Decree No. 312 / 2007 Coll., on the content and other requirements of insolvency practitioners' examinations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.01.2010 |
|---|---|
| Effective from | 08.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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