Decree No. 205 / 2008 Coll.
Ordinance on documents which the Czech participating cooperative is required to submit to the notary for the issue of a certificate of legality to complete the establishment of a European cooperative company through mergers
Valid
Order
Effective from 01.07.2008
Text versions:
01.07.2008
17.06.2008
205
DECLARATION
of 6 June 2008
on the instruments which the Czech participating cooperative is required to submit to the notary for the issue of a certificate of legality to complete the establishment of a European cooperative society by mergers
According to Article 99a of Act No. 307 / 2006 Coll., on the European Cooperative Society, as amended, ("the Act '), the Ministry of Justice provides for the implementation of Article 19 (2) of the Act:
The Czech participating cooperative is obliged to submit the following documents to the notary before issuing a certificate on the legality of the completion of the establishment of a European cooperative company by merger pursuant to § 19 of the Act:
(a) a project to establish a European cooperative society through mergers in the Czech language;
(b) the project of establishing a European cooperative society through mergers in the official languages of all the Member States whose legal rules are governed by individual foreign participating cooperatives;
(c) a certificate issued for each Czech participating cooperative pursuant to Article 17 of the Act;
(d) a certificate issued by the competent public authority of the Member State in whose legal order the foreign cooperative involved is governed, showing that the formalities required have been completed, that the prescribed operations have been carried out and that the prescribed procedures have been followed; and
(e) the documents referred to in Section 2, if required.
(1) The Czech participating cooperative is also required to submit the following documents to the notary:
(a) the contract on the manner and extent of the involvement of employees of the European cooperative society under Article 61 of the Act or the minutes of the resolution of the negotiating committee under Article 57 (1) of the Act;
(b) an affidavit by all members of the statutory body of the Czech participating cooperative that the deadline for the adoption of a resolution by the negotiating committee or for the conclusion of a contract on the manner and extent of the involvement of employees of the European cooperative society provided for in Section 58 of the Act has expired without the conclusion of a contract or resolution being adopted within that period; and
(c) the decision of all participating cooperatives that employees of a European cooperative society will have the right to be involved after the creation of a European cooperative society under Sections 73 to 98 of the Act (Section 67 of the Act).
(2) Paragraph 1 shall not apply where employees of a European cooperative society are not entitled to participate under the law after the creation of a European cooperative society. In such a case, the Czech participating cooperative shall submit an affidavit to the notary of all members of its statutory body.
This Decree shall take effect on 1 July 2008.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 205 / 2008 Coll., on documents which the Czech participating cooperative is required to submit to the notary for the issue of a certificate of legality to complete the establishment of a European cooperative company by mergers |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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