Act No. 216 / 2005 Coll.
Act amending Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended, and Act No. 358 / 1992 Coll., on notaries and their activities (notarial Order), as amended
Valid
Law
Effective from 01.07.2005
216
THE LAW
of 3 May 2005
amending Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended, and Act No. 358 / 1992 Coll., on Notaries and their Activities (Notary Order), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 2000, Act No. 2001, Act No. 2001, Act No. 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No.
1. in Paragraph 9 (3) (a):
"(a) in matters relating to the business register, the register of public utility companies, the register of foundations and the register of community owners of units,"
2. In Article 9 (3), the dot at the end of point (v) is replaced by a comma and the following point (w) is added:
"(w) in respect of the proceedings of the assembly of units owners' associations and disputes arising therefrom.";
3. In Paragraph 120 (2), the words "in proceedings in matters of the commercial register 'are deleted.
4. Sections 200b to 200dc read:
(1) The procedure shall be initiated on application. If an agreement is to be reached between the registration in the Commercial Register and the actual situation, the procedure may also be initiated on its own motion.
(2) The withdrawal of the application for initiation shall not be effective unless it is an entry in the register of a fact whose effectiveness or validity takes place in accordance with a specific legislation.
(3) The courts or other administrative authorities will always draw the attention of the Registry Court to the disagreement between the actual legal situation and the state of registration in the Commercial Register as soon as that fact becomes apparent in their activities.
(1) The parties to the proceedings are the person who has made the application for which he is entitled under a specific law and the entrepreneur; Paragraph 94 (1) and (2) shall not apply.
(2) The specific legislation shall specify the facts to be entered in the Commercial Register, the manner in which the application for registration, amendment or deletion is made and the documents (annexes) to be provided.
(1) By order, the Court of First Instance shall refuse the application if:
(a) it has been submitted by a person who is not entitled to a proposal under a specific law;
(b) the proposal has not been submitted in a manner prescribed under a specific legislation;
(c) the proposal does not contain all the elements laid down in the specific legislation;
(d) the proposal is incomprehensible or indefinite;
(e) the documents accompanying the application have not been annexed to the application to support the information on the facts recorded under the specific legislation;
Paragraph 43 shall not apply.
(2) Paragraph 1 shall not apply if:
(a) the document has not been attached to the application because such a document is not issued under the law governing the registered foreign person;
(b) the instrument has been incorrectly identified or does not meet all the formal requirements laid down in the specific legislation, provided that the relevant facts are supported by other documents attached to the application.
(1) If the application has not been rejected pursuant to § 200d, the court shall register if the information on the facts which are entered in the register has been documented by the documents required by the specific legislation, the company is not interchangeable or does not create any risk of confusion with the company previously registered, and the authorisation to carry out the registered business (activity) has been supported; otherwise the court will reject the motion.
(2) The Court of First Instance shall register in accordance with paragraph 1, without taking a decision on that matter, also if the facts which are entered in the Register are the subject of a special law on the basis of a decision of the court or administrative authority.
(3) Without a decision being taken, the court shall also register facts whose effectiveness or validity does not take place under a separate law or registration, or any other facts underlying the annexed notarial registration, provided that the party is only an entrepreneur and has proposed that such registration be carried out. The notarial registration is an eligible basis for such registration, although specific legislation does not require this form of legal action.
(4) In other cases, the court shall decide on the registration by order. Negotiations need not be ordered.
(5) A registration concerning a public undertaking or a legal entity governed by a special law is always decided by the court.
(6) The registration shall be carried out by the court on the date indicated in the application and at the earliest on the date of its implementation. If the court has ruled on a kidnapping, registration shall take place after the legal authority of the order. If agreement is to be reached with the actual situation, the court may decide that the registration will be carried out on the basis of an enforceable order.
(1) The Court of First Instance is required to register or decide on an application by order within a time limit laid down by a special law, otherwise within five working days.
(2) The period referred to in paragraph 1 shall run from the date on which the application is submitted. However, if the court fee on the application was paid only during the course of the proceedings or if the application had been amended, the period referred to in paragraph 1 shall run only from the date of payment of the court fee or from the date on which the amended application was lodged.
(3) If the court fails to register pursuant to Article 200da (3) and does not decide on the application pursuant to Article 200da (4) within the time limit referred to in paragraph 1, the proposed registration shall be deemed to have been made on the day following the expiry of that period; This does not apply if, before the expiry of that period, the proposal has been effectively withdrawn.
(4) Entrepreneurs and persons who are registered in accordance with a special legislation in the context of the registration of an entrepreneur may, within 1 month of registration, request a cancellation or amendment of the registration made pursuant to paragraph 3 by the Registry Court; that period may not be missed. Paragraph 200b (1) second sentence is not affected by this.
The court shall inform the parties of the minutes made pursuant to Articles 200da (3) and 200db (3) by sending them an extract from the register containing this registration. The extract shall be sent to them no later than 3 days after the entry. ';
Amendment of the notary law and their activities (notarial order)
In Section 80a of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 82 / 1998 Coll., Act No. 30 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 317 / 2001 Coll., Act No. 352 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 4 / 2004 Coll., is supplemented by the words, "or, if a decision is made on the facts listed in the public list, even if a special law of such notarial."
TRANSITIONAL PROVISIONS
1. Proceedings in matters of the Commercial Register initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
2. Within a period of one year from the date of entry into force of this Act, the period under Paragraph 200db (1) of the Civil Code, as effective from the date of entry into force of this Act, shall be extended by a further five working days, even if the period under Section 200db (2) of the Civil Code is extended.
3. Before 31 December 2006, the Registry Court shall, at the request of the Registry, always issue an officially certified partial or complete copy of the minutes or documents deposited in the Collection of Documents or a certificate stating that there is no such indication in the Commercial Register; Uncertified copies or certificates or copies or certificates in electronic form shall not be issued and the provisions of Section 28 (3) and (5) of the Commercial Code shall not apply. Until 31 December 2006, the trade register may be kept only in paper form; Article 27 (1), second sentence and Article 33 (2) of the Commercial Code, as effective from the date of entry into force of this Law, shall not apply.
4. A person who fulfils the conditions laid down in Paragraph 183i (1) of this Act on the date of application of this Act may exercise the right to purchase participating securities under § 183i to 183n of the Commercial Code within three months of the date of application of this Act, otherwise that right shall cease.
EFFECTIVE
This Law shall take effect on 1 July 2005, with the exception of the provisions of Part One, Sections 183i, 183k, 183l, 183m and 183n, which shall take effect on the date of its publication and with the exception of the provisions of Part Three, Article III, points 4 and 5, which shall take effect on 1 December 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 216 / 2005 Coll., amending Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended, and Act No. 358 / 1992 Coll., on notaries and their activities (notarial Order), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Securities
Finance
Civil law
Civil law of procedure
Commercial law
Trade Register
Businessman, Company
Labour law
Self-administration
Judicial and Public Prosecutor's Office
Administrative law
Accounting
Constitutional (state) law
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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