Act No. 21 / 2006 Coll.
Law on the verification of the conformity of a copy or a copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (Law on Verification)
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Effective from 01.03.2006
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21
THE LAW
of 20 December 2005
on the verification of the conformity of a copy or a copy with the instrument and the authenticity of the signature and amending certain laws (Law on Verification)
Parliament has decided on this law of the Czech Republic:
PERFORMANCE OF STATE MANAGEMENT
(1) The scope of the certificate of conformity of a copy or a copy with a document (hereinafter referred to as "vision") and the authenticity of the signature (hereinafter referred to as "legalisation") under this law is exercised by the
(a) Ministry of Interior ("Ministry"),
(b) regional authorities,
(c) municipal authorities with extended scope,
(d) municipal authorities, offices of urban areas or urban districts of territorial subdivided statutory cities and offices of urban areas of the capital city of Prague, the list of which is laid down in implementing legislation (hereinafter referred to as the "municipal authority");
(e) the local authorities (1),
(f) the holder of the postal licence,
(g) Economic Chamber of the Czech Republic.
(2) The scope laid down by the Regional Office, the Regional Office of the Municipality with extended competence or the Municipal Office under this Law is the exercise of the delegation.
Ministry
(a) keep models of prints of official stamps (2) of counties and signatures of officials of local and local authorities (3) (hereinafter referred to as "official") carrying out vision and legalisation with the regional authorities, including their amendments, as well as specimens of the official stamps of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic and the signatures of the staff of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic carrying out vision and legalisation, including their amendments;
(b) carry out examinations of officials assigned to the Regional Office (Section 14 (2)) and of staff of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic carrying out vision and legalisation (Section 14a (2)),
c) carry out methodological and control activities on the section of vision and legalisation against the central authorities, the holder of the postal licence and the Economic Chamber of the Czech Republic.
Regional Office
(a) carry out vision and legalisation;
(b) keep a register of visions and legalisation;
(c) keep samples of the official stamps of the municipalities with extended scope and the signature of officials carrying out the vision and legalisation of the municipalities with extended scope, including changes thereto;
(d) carry out examinations of officials assigned to the municipal office of the municipality with extended competence (§ 14 (2)).
Municipal office of the municipality with extended scope
(a) carry out vision and legalisation;
(b) keep a register of visions and legalisation;
(c) keep specimens of the official stamps of the municipalities and of the offices and signatures
1. officials or mayors or vice-mayors carrying out vision and legalisation with the municipal authorities;
2. Employees included in the office of departure carrying out the vision and legalisation of the office of departure
including their amendments;
(d) carry out examinations of officials assigned to municipal offices (Section 14 (2)).
(1) The Municipal Office, the Ústí Office, the holder of the postal licence and the Chamber of Commerce of the Czech Republic
(a) carry out vision and legalisation; and
(b) keep a register of vision and legalisation.
(2) Legalisation of a document in electronic form is carried out by the municipal authorities only by those which are the contact points of the public administration (20).
Vision
(1) Visification shall verify that a copy or a copy (hereinafter referred to as the "instrument of vision") is literally the same as the document submitted.
(2) Visification does not confirm the accuracy or veracity of the data on the instrument in question or its compliance with the legislation. The Regional Office, the Municipal Office of the Municipality with extended competence, the Municipal Office, the Circular Office, the holder of the postal licence and the Chamber of Commerce of the Czech Republic (hereinafter referred to as "the Office ') shall not be responsible for the contents of the visible document.
(3) Vision shall be made upon request. The document to be registered shall be taken by the applicant at his or her expense, unless otherwise specified.
(1) Visibility shall be indicated on the visible sheet or on the sheet firmly attached to it by means of a verification clause and an official stamp.
(2) After the vision has been made, the visible document shall be marked in such a way that the text on it cannot be supplemented after the visible.
(3) The procedure for the designation of the instrument under vision is laid down in the implementing legislation.
The verification clause shall contain:
(a) the designation of the Office;
(b) the serial number under which the visibility is recorded in the verification book;
(c) an indication that the instrument of vision is literally the same as that from which it was drawn up and whether the instrument is:
1. in original,
2. already verified by a visible sheet,
3rd instrument, which is the output from the authorised conversion of documents15),
4. copies or copies made of spisu4); or
5. a copy of the original of the decision or of the operative part of the decision issued under the special legislature5),
And how many parties are they?
(d) an indication of the number of pages on which the instrument is drawn up,
(e) an indication as to whether the document visible is complete or partial, or whether the copy is complete or partial,
(f) an indication that the instrument from which the instrument of vision is issued contains a visible hedging element;
(g) date of execution of the vision;
(h) the name and, where applicable, the name, surname and signature of the official, mayor or deputy mayor, the staff member of the office of departure, the staff member of the postal licence holder or of the staff of the Chamber of Commerce of the Czech Republic ("the certifying officer") who made the vision.
Vision not performed
(a) where the document presented, from which the document visible is taken, is a document the uniqueness of which cannot be replaced by the document visible, in particular the identity card, travel document, driving licence, military book, service card, permit for residence of a stranger, fishing note, hunting ticket or other card, holding book, cheque, bill of lading or other security, ticket, betting card, bill of lading, geometrical plan, feature or technical drawing;
(b) where the document presented, from which the instrument is drawn up, is written in a language other than the Czech or Slovak language and does not control the language in which the instrument is written and is not simultaneously presented in an officially certified translation into the Czech language (6) or Slovak language; This does not apply if a copy of the document was taken by the certifying officer on the copying device at the expense of the applicant,
(c) if the instrument from which the instrument is drawn up has a visible hedging element; This does not apply if a copy of the document is made by the certifying officer on the copying device at the expense of the applicant,
(d) if the document submitted is a document already certified by the visible document, the verification clause of which indicates the indication referred to in Article 8 (f);
(e) if the document presented, from which the document is drawn up, is a document which is an output from the authorised document conversion (15), the clause of which indicates that the entry into the authorised document conversion contained a visible element which cannot be fully transferred to the output;
(f) if they are in the document submitted from which the instrument of vision is drawn up, amendments, additions, inserts or cuts which could weaken its credibility,
(g) if the instrument of vision does not literally correspond to the instrument from which it was taken;
(h) if it is not apparent from the document submitted, from which the instrument under consideration is issued, whether it is:
1. original,
2. the instrument already certified,
The third instrument, which is the output from the authorised conversion of documents15),
4. a copy or a copy of the file; or
5. a copy of the original of the decision or of the operative part of the decision given under the special legislature5).
Legalisation
(1) Legalisation shall verify that the applicant before the verifier
(a) it has signed or recognised the instrument by its own hand, or
(b) it has recognised the electronic signature on the document in electronic form as its own.
(2) Legalisation does not confirm the accuracy or veracity of the information contained in the document or its compliance with the legislation. The Office shall not be responsible for the content of the document.
(3) Legalisation shall be carried out upon request.
(4) If the applicant cannot read or write, legalisation shall be carried out with the participation of two witnesses.
(5) The participation of two witnesses shall not be required for legalisation if the person who cannot read or write has the ability to familiarize himself with the content of a document with the help of instruments or special aids, or through another person whom he chooses, and is able to sign the document by hand.
(1) Legalisation shall be indicated on the instrument or on a sheet firmly linked to it by means of a verification clause and an official stamp.
(2) If the applicant's signature is legalized on a sheet which is an integral part of the set of documents, the individual sheets shall be fixed together in a bundle.
(3) The method of merging the documents referred to in paragraph 2 shall be laid down in an implementing act.
(1) Legalisation shall be carried out on the document in electronic form by attaching a verification clause.
(2) The format and formalities of the document in electronic form for which legalisation may be carried out and the procedure for the implementation of legalisation on the document in electronic form are laid down in the implementing legislation.
The verification clause shall contain:
(a) the designation of the Office;
(b) the serial number under which the legalisation is entered in the verification book;
(c) the name and, where applicable, the names, surnames, date and place of birth of the applicant and, where appropriate, of the witnesses, if the legalisation provided for in Article 10 (4) applies;
(d) the address of the place of permanent residence or the address of the place of residence in the Czech Republic or the address of residence outside the territory of the Czech Republic of the applicant or, where applicable, of witnesses, if the legalisation is required pursuant to Article 10 (4), if the document is provided; where the document submitted does not contain this information, the entry shall be recorded on the basis of the applicant's oral declaration or, where appropriate, the witnesses, if the legalisation referred to in Article 10 (4) applies,
(e) the indication of the document on the basis of which the particulars referred to in (c) and (d) have been found;
(f) an indication that the applicant has signed the document before the validator, or that the signature on the instrument or, where appropriate, an electronic signature on the document in electronic form, has been recognised as his own,
(g) the date of implementation of the legalisation;
(h) the name and, where applicable, the name, surname and signature of the validator who has carried out the legalisation, or the name and, where applicable, the name, surname and qualified electronic signature of the validator who has carried out the legalisation, and a qualified electronic time stamp, if applicable, on the document in electronic form.
Legalisation will not take place,
(a) if the signature of the validator is legalized,
(b) if the signature is legalized on a document which contains no text,
(c) if the applicant does not submit a valid document in accordance with Paragraph 10 (4) on legalisation or, where appropriate, a witness to prove his identity,
(d) if the applicant cannot write and the instrument does not contain its signature at the same time;
(e) if the validating person is not in control of the language in which the document is written and is not simultaneously presented in an officially certified translation into the Czech language (6) or Slovak language, the signature of the document shall be legalized;
(f) the legalisation of the signature replaced by mechanical means, using in particular a graphical representation of the handwritten signature;
(g) if the document is legalized in a form other than text or image, or in an electronic form which is not in the format or does not have the formalities laid down in the implementing legislation; or
(h) if the signature is legalized on a completely blank form.
Common provisions
(1) The vision and legalisation of the Regional Office, the Municipal Office of the Municipality with extended competence and the Municipal Office is carried out by an official who:
(a) has demonstrated specific competence in the performance of administrative activities in the management of matrices and state citizenship (7); or
(b) has demonstrated the professional competence of a matrix according to a specific legislature8); or
(c) have passed an examination under this law.
(2) The content of the test referred to in paragraph 1 (c) is an oral and practical verification of the knowledge of the legislation relating to vision and legalisation, the selected provisions of the legislation relating to administrative fees and administrative rules and the ability to apply them.
(3) Composition of the test referred to in paragraph 1 (b) (c) be demonstrated by a certificate of examination issued by the Ministry, the Regional Office or the Regional Office of the Municipality with extended competence. The model certificate shall be laid down in the implementing legislation.
(4) Only an official who fulfils the conditions referred to in paragraph 1 (a) may be entrusted with the examination of officials. The first sentence shall not apply to the staff of the Ministry responsible for conducting the test.
(5) If the official has failed the test referred to in paragraph 2, he may repeat the test twice. The re-examination may be carried out not earlier than 60 days and not later than 90 days from the date of the test at which the official failed.
(1) Visitation and legalisation are carried out by the holder of the postal licence and the Chamber of Commerce of the Czech Republic by the employee who passed the exam.
(2) The content of the test shall be an oral verification of the knowledge of the legislation relating to vision and legalisation, the selected provisions of the legislation relating to administrative fees and administrative rules and the ability to apply them.
(3) The composition of the test shall be demonstrated by a certificate of completion issued by the Ministry in accordance with Paragraph 14 (3).
(4) If the staff member has failed the test, he may repeat the test twice. The re-examination may be carried out not earlier than 60 days and not later than 90 days after the date of the test in which the staff member failed.
(1) Visification and legalisation shall be carried out in the official rooms of the Office. In another appropriate place in the administrative district of the county office, the municipal office of the municipality with extended competence, the municipal office and the Ústí office can be seen and legalized only for serious reasons.
(2) The verification clause shall take the form of a stamp stamp or may be made out on a separate sheet, document or sticker using computer techniques; when legalized on a document in electronic form, the verification clause shall take the form of a document in electronic form.
(3) The implementing act provides for:
(a) a model of the verification clause;
(b) the way in which the verification clause is marked on the list, the way in which the corrections are made in the verification clause indicated on the list and the way in which the verification clause is combined with the certificate;
(c) the method of attaching the verification clause to the document in electronic form.
(1) Vision and legalisation records shall be kept in a tied verification book with forms numbered in a continuous series ("verification book"). The verification book shall include an introductory sheet and a copy of the signature models of the visual and legalisation verifiers.
(2) The form shall contain:
(a) the serial number under which the vision or legalisation is registered;
(b) the date on which the vision or legalisation is carried out;
(c) the indication referred to in § 8 (c) to (f), if applicable,
(d) the information referred to in § 12 (c), (d), (e) and (f), if it is for legalisation;
(e) an indication of the type of document which is visible or on which the signature is legalized,
(f) the signature of the applicant whose signature is legalized, or, where appropriate, witnesses, if it comes to legalisation pursuant to Article 10 (4);
(g) an indication of the payment of the administrative fee (indicating the amount of the fee and the number of the document to which it has been paid) or an indication of the exemption from the administrative charge, with reference to the legislation; and
(h) the signature of the authorising officer.
(3) The model of the introductory sheet, the copy of the signatures and the form of the certificate shall be laid down in the implementing legislation.
(4) The verification book shall be kept for the calendar year. After its closure, it shall be deposited with the Office for 10 years.
(5) Where the Office has more than one book, it shall notify the number of books held in parallel by 31 January of the current year. The Regional Office, the holder of the postal licence and the Chamber of Commerce of the Czech Republic will notify the Ministry, the Municipal Office of the Municipality with extended competence of the Regional Office, the Municipal Office of the Municipality with extended competence.
(6) The Office will ensure the protection of verification books from misuse of data contained therein, theft or damage.
(7) If the authority of the Office ceases to exercise vision and legalisation, the Ministry shall decide which authority shall take over the verification books.
(8) Technical arrangements for keeping a verification book are laid down in implementing legislation.
The Authority may keep a register of the verification book containing the following information:
(a) the name and, where appropriate, the name, surname and date of birth of the applicant, if any, if it is for a natural person; and
(b) the serial number of the entry in the verification book.
(1) The applicant for legalisation or, where appropriate, witnesses, if the legalisation referred to in Article 10 (4) applies, shall submit his or her identity to demonstrate:
(a) civil document 9), or travel document10), if it is a national of the Czech Republic,
(b) a travel document, a citizen's identity card of a Member State of the European Union, a Contracting State to the Agreement on the European Economic Area or the Swiss Confederation or a document authorising residence in the Czech Republic under a special legislation (11), if it is a foreigner; or
(c) an identification card issued by the Ministry of Foreign Affairs under special legislation (18), if it is a person enjoying privileges and immunities under international law.
(2) The document referred to in paragraph 1 (b) or (c) may be used to prove its identity only if it contains a photograph of the holder.
A document issued by the authorities of the Czech Republic or the Slovak Republic, accompanied by a multilingual standard form drawn up in accordance with the directly applicable European Union19), together with this form for the purposes of this Act shall be deemed to be a document written in the Czech language.
Transitional and final provisions
(1) The Municipal Office shall send, in two copies, within 30 days of the date of entry into force of the implementing legislation establishing a list of municipal offices carrying out the vision and legalisation, to the municipal office of the municipality with extended scope, a specimen of the stamp and signature of officials or mayors or vice-mayors carrying out the vision and legalisation of the municipal office under this law. It shall do so within 30 days of the date of entry into force of this Act. A copy of the prints of the official stamps and signatures referred to in the first and second sentences shall be sent by the municipal authority of the municipality with extended competence to the Ministry of Foreign Affairs.
(2) The municipal authority of the municipality with extended scope shall, in two copies, within 30 days of the date of entry into force of this Law, send to the county authority a specimen of the stamp of the official stamp and of the signature of the officials performing with the municipal office of the municipality with extended scope of vision and legalisation under this law. A copy of the prints of the official stamps and signatures as referred to in the first sentence shall be sent by the Regional Office to the Ministry of Foreign Affairs.
(3) The Regional Office shall, within 30 days of the date of entry into force of this Act, send the Ministry a copy of the stamp and signature of the officials performing the visualisation and legalisation in accordance with this Act. A copy of the prints of the official stamps and signatures referred to in the first sentence shall be sent by the Ministry to the Ministry of Foreign Affairs.
(4) The changes to the models referred to in paragraphs 1 to 3 shall be notified by the Regional Office, the Regional Office of the Municipality, the Municipal Office or the Territorial Office within 5 working days of the date on which they took place; paragraphs 1 to 3 shall apply mutatis mutandis to their procedure.
The holder of the postal licence and the Chamber of Commerce of the Czech Republic shall send to the Ministry, in two copies, changes to the designs of the official stamps and signatures of their staff performing the vision and legalisation within 5 working days of the date on which the changes occurred. A copy of the prints of the official stamps and signatures referred to in the first sentence shall be sent by the Ministry to the Ministry of Foreign Affairs.
(1) The obligation to carry out the examination provided for in Article 14 (1) is not for an official who meets the requirements laid down in specific legislation14).
(2) An official who, on the date of entry into force of this Act, carries out a vision and legalisation under existing legislation and does not comply with the conditions laid down in Paragraph 14 (1) may continue to carry out this activity, but for a maximum period of 18 months from the date of entry into force of this Act. An official who, in accordance with the first sentence, is entitled to an old-age pension shall only take an examination if he so requests.
The Ministry shall issue a decree for implementation of § 1 (1) (d), § 7 (3), § 11 (3), § 11a (2), § 14 (3), § 15 (3) and § 16 (3) and (8).
The following shall be deleted:
1. Act No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the verification of the authenticity of the signature by district and municipal authorities and on the issuing of certificates by the authorities of municipalities and district authorities.
2. Act No. 15 / 1997 Coll., amending and supplementing the Act of the Czech National Council No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the verification of authenticity of the signature by the municipal authorities and on the issuing of certificates by the authorities of municipalities and district authorities.
3. Decree No. 138 / 1993 Coll., laying down the conditions for the entrustment of municipal authorities by verifying the conformity of the copy or copy with the instrument and verifying the authenticity of the signature.
Amendment to Act No. 301 / 2000 Coll., as amended
In Article 9 (2) of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended by Act No. 320 / 2002 Coll., Act No. 578 / 2002 Coll. and Act No. 165 / 2004 Coll., after the words "Citizenship," the words "verification of the conformity of the copy or copy with the instrument and verification of the authenticity of the signature" shall be inserted.
Amendment to Act No. 320 / 2002 Coll., as amended
In Act No. 320 / 2002 Coll., amending and repealing certain laws in connection with the termination of the activities of the District Authorities, as amended by Act No. 426 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 354 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 41 / 2004 Coll., Act No. 99 / 2004 Coll., Act No. 587 / 2004 Coll., and Act No. 179 / 2005 Coll., Part 50, Coll.
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Regulation Information
| Citation | Act No. 21 / 2006 Coll., on the verification of the conformity of a copy or a copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (Verification Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.01.2006 |
|---|---|
| Effective from | 01.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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