Decree of the Ministry of Culture No. 232 / 2002 Coll.
Decree of the Ministry of Culture implementing Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies)
Valid
Order
Effective from 06.06.2002
232
DECLARATION
Ministry of Culture
of 28 May 2002
implementing Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies)
The Ministry of Culture (hereinafter referred to as "the Ministry '), pursuant to Article 29 of Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (the Act on Churches and Religious Companies), (hereinafter referred to as" the Act'), the details and conditions for the management of the Register of Registered Churches and Religious Companies, the Register of Association of Churches and Religious Companies and the Register of Registered Legal Persons (hereinafter referred to as "Registers') and the models of all extracts from registration or registration according to the Act:
Breakdown of registers
(1) The registers are divided into public and private parts.
(2) The Register of Registered Churches and Religious Companies and the Register of Registered Legal Persons shall, in the parts referred to in paragraph 1, be further broken down by church and religious society, and the Register of Registered Legal Persons by individual registered legal entities. In the parts referred to in paragraph 1, the register of associations of churches and religious societies shall be broken down by association of churches and religious societies.
Content of the Register of Registered Churches and Religious Companies
(1) In the public part of the Register of Registered Churches and Religious Companies,
Part A - records the following data and changes thereto:
(a) the name and address of the registered church and religious society in the Czech Republic,
(b) the number and date of the registration of the church and religious society and the date on which the decision became final;
(c) the name of the statutory body of the registered church and religious society;
(d) the name and, where appropriate, the surname and date of birth of the members of the statutory body of the registered church and the religious society and the date on which their office was established and the expiry of their duties;
(e) the manner in which the statutory body of the registered church and religious society shall act,
(f) the name and, where appropriate, the name and surname and the date of birth or the name and address of the guardian and the date on which his office was established and the expiry of his office;
(g) the subject matter of the general service, business and other gainful activities, if they are carried on;
(h) the identification number of the registered church and religious society;
(i) the number and date of the decision granting the entitlement to exercise individual special rights and the date on which the decision became final;
(j) the number and date of the decision to appoint a guardian, the decision to cancel the registration of the church and the religious society, stating the legal basis, the decision to default, the rejection of the insolvency application, because the property will not be sufficient to cover the costs of the insolvency proceedings, and the cancellation of the bankruptcy because the property is wholly inadequate, including the information on when those decisions became final;
(k) entry into liquidation, the name and surname and, where applicable, the date of birth or the name and address of the liquidator, the number and date of the decision to enter the liquidation;
(l) the name and, where applicable, the name and surname and date of birth or the name and address of the insolvency administrator;
(m) the date of expiry of the registered church and religious society;
(n) the name and address of the legal successor of the church and of the religious society, if it is cancelled with the legal successor,
(o) an indication that the registered church and the religious society have registered public utility status and when it has been granted public utility status, an indication that a withdrawal procedure has been initiated and an indication of when that status has been deleted and the reason for its withdrawal,
Part B - Classification of the following documents and their amendments:
(a) a proposal for registration of the Church and the religious society, indicating the names, surnames and dates of birth of the members of the Preparatory Committee, marked by an agent of the Preparatory Committee with officially certified signatures of the members of the Preparatory Committee;
(b) the basic characteristics of the church and the religious society, its teaching and mission, which is part of the proposal for registration of the church and the religious society;
(c) registration of the establishment of the church and religious society in the Czech Republic,
(d) the basic document of the Church and of the religious society, with the exception of the address of the place of residence or residence, the birth number and citizenship of the members of the statutory body of the church and of the religious society and of other persons who may act on behalf of and act on behalf of the church and religious society,
(e) a proposal to grant entitlement to exercise special rights and a declaration that the activities of the Church and the religious society applying for the exercise of special rights do not contravene the rule of law;
(f) texts of annual reports and accounts according to the law,
(g) a document confirming that the obligation of secrecy of the clergy in connection with the exercise of a confessional secret or in connection with the exercise of a right equivalent to a confessional secret is a traditional part of the teachings of the Church and a religious society for at least 50 years, suggesting that the Church and the religious society grant a special right to maintain the obligation of confidentiality of the clergy in connection with the exercise of a confessional secret or the exercise of a law equivalent to a confessional secret;
(h) calls by the Ministry to supplement the data of proposals for the registration of the Church and the religious society, for the authorisation to exercise special rights registered to the Church and religious society and for the registration of changes;
(i) the Ministry's decision to register the Church and the religious society, to grant entitlement to exercise special rights registered to the Church and the religious society, to register changes, to revoke the registration of the Church and the religious society and to revoke the authorisation to exercise special rights of the registered church and religious society;
(j) the documents and decisions relating to the liquidation of the church and the religious society, the bankruptcy of the church and the religious society and the demise of the church and the religious society after the withdrawal of its registration;
(k) the decision of the courts to review the decision of the Ministry;
(l) instruments relating to the transfer of rights and obligations of the Church and the religious society to another registered church and religious society with a written obligation of that registered church and religious society to take over rights and obligations.
(2) Documents and changes thereto, including:
(a) the address of the place of residence or residence, the birth number and citizenship of the members of the Preparatory Committee;
(b) documents with signatures of citizens of the Czech Republic or foreigners resident in the Czech Republic applying to the church and religious society, indicating their identification details, which are included in the proposal for registration of the church and religious society;
(c) documents with signatures of citizens of the Czech Republic or foreigners resident in the Czech Republic applying to this church and to religious society, which are part of the proposal to grant permission to exercise special rights registered to the church and religious society,
(d) copies of the documents referred to in paragraph 1 containing the address of the place of residence or residence, the birth number and citizenship of natural persons.
Content of the Register of registered legal persons
(1) In the public part of the Register of registered legal persons:
Part A - records the following data and changes thereto:
(a) the name of the registered legal person in the Czech Republic;
(b) the number and date of registration of the registered legal person;
(c) the registered legal person's registered office in the Czech Republic;
(d) the designation of the statutory authority of the registered legal person;
(e) the name and, where appropriate, the surname and date of birth of the members of the statutory body of the registered legal person and the date on which their office was established and the expiry of their duties;
(f) the manner in which the statutory body of the registered legal person shall act;
(g) the name and, where applicable, the name and surname and date of birth or the name and address of the guardian and the date on which his office was created and the expiry of his office;
(h) the subject matter of the public service, business and other gainful activities, where they are carried out;
(i) the identification number of the registered legal person;
(j) the founder of the registered legal person;
(k) the number and date of cancellation of the registered legal person's registration on the proposal of the registered church and religious society;
(l) the number and date of the decision to appoint a guardian, the decision to revoke the registered legal person, the decision to default, the rejection of the insolvency application because the property will not be sufficient to cover the costs of the insolvency proceedings and the cancellation of the insolvency proceedings because the property is wholly inadequate, including the information on which those decisions became final,
(m) entry into liquidation, the name and surname and, where applicable, the date of birth or the name and address of the liquidator, the number and date of the decision to enter the liquidation;
(n) the name and, where applicable, the name and surname and date of birth or the name and registered office of the insolvency administrator;
(o) the name and address of the legal successor of the registered legal person, if it is cancelled with the legal successor;
(p) the date of expiry of the registered legal person;
(q) an indication that the registered legal person has registered public utility status and when it was granted, an indication that the withdrawal procedure had been initiated and an indication of when that status was deleted and the reason for its withdrawal,
Part B - Classification of the following documents and their amendments:
(a) an application for registration of a registered legal person in which the identification details of the members of the statutory authority indicate only their names, surnames and dates of birth;
(b) calls by the Ministry to supplement the data for applications for registration of a registered legal person;
(c) the statutes of the registered legal person and the instrument of incorporation of the special-purpose establishment of the registered church and religious society;
(d) the decision of the Ministry to revoke the registered legal person,
(e) the documents and decisions relating to the liquidation of the registered legal person, the bankruptcy of the registered legal person and its disappearance following the revocation of its registration;
(f) the decision of the courts to review the decision of the Ministry.
(2) A copy of the documents referred to in paragraph 1 containing the address of the place of residence or residence, the birth number and citizenship of natural persons shall be included in the register of registered legal persons in the non-public part.
Contents of the Church and Religious Society Register
(1) To the public part of the Register of the Union of Churches and Religious Societies
Part A - records the following data and changes thereto:
(a) the name and address of the association of churches and religious societies in the Czech Republic,
(b) the number and date of the registration of the association of churches and religious societies and the date on which the decision became final;
(c) the names of the members of the association of churches and religious societies and their registered offices;
(d) the name and registered office of the statutory body of the association of churches and religious societies;
(e) the name and, where appropriate, the name and surname and date of birth of members of the statutory body of the association of churches and religious societies, and the date on which their office was established and the expiry of their duties;
(f) the manner in which the statutory body of the association of churches and religious societies is to act,
(g) the name and, where applicable, the name and surname and date of birth or the name and address of the guardian and the date on which his office was created and the expiry of his office;
(h) the subject matter of the Church and Religious Society Association,
(i) the identification number of the association of churches and religious societies;
(j) the number and date of the decision to appoint a guardian, the decision to cancel the registration of the association of churches and religious societies, stating the legal basis, the decision to default and the cancellation of bankruptcy because the property is wholly inadequate, including the information on which those decisions have become legal;
(k) entry into liquidation, the name and surname and, where applicable, the date of birth or the name and address of the liquidator, the number and date of the decision to enter the liquidation;
(l) the name and, where applicable, the name and surname and date of birth or the name and address of the insolvency administrator;
(m) the date of expiry of the Union of Churches and Religious Societies;
(n) the name and address of the legal successor of the Union of Churches and Religious Companies, if it is cancelled with the legal successor,
(o) an indication that the association of churches and religious societies has registered public utility status and when it was granted, an indication that the withdrawal procedure had been initiated and an indication of when that status was deleted and the reason for its withdrawal,
Part B - Classification of the following documents and their amendments:
(a) a written founding agreement;
(b) the statutes of the Union;
(c) calls by the Ministry to supplement the data of proposals for registration of the association of churches and religious societies and proposals for registration of changes;
(d) the Ministry's decision to register the association of churches and religious societies, to register changes, to cancel the registration of the association of churches and religious societies,
(e) the documents and decisions relating to the liquidation of the Union of churches and religious societies, the bankruptcy of the Union of churches and religious societies and the demise of the Union of churches and religious societies following the withdrawal of its registration,
(f) the decision of the courts to review the decision of the Ministry.
(2) A copy of the documents referred to in paragraph 1 containing the address of the place of residence or residence, the birth number and citizenship of natural persons shall be included in the Register of the Union of Churches and Religious Companies.
Inspection of registers
(1) Proposals and documents entered in the public parts of the registers shall be adapted by the Ministry in such a way that only their names, surnames and dates of birth are legible from the identification data of natural persons.
(2) In official hours, the Ministry will allow the public part of the registers to be consulted and to obtain extracts and copies from the public part of the registers only in the presence of the Ministry's staff.
(3) Inspection of registers shall be requested in writing. The applicant shall indicate which registry files he wishes to consult.
(4) In the case of multiple applicants, access to registers shall be allowed according to the date of receipt of the application. The Ministry shall record the inspection of the registers with an indication of the components of the registers in which they were consulted and from which the extract was obtained.
(5) The Ministry is entitled to claim reimbursement in relation to the provision of information from the registries at the level of the costs associated with the search for information, the acquisition of copies, technical data media measures and the sending of information to the applicant. 2)
Issue of extracts and certificates from registration and registration
(1) The Ministry issues
(a) an extract from the public parts of the registers containing the information in force at the time of the listing or on the date specified;
(b) a complete extract from the public parts of the registers containing all the information and changes thereto;
(c) a copy as a text which is a literal copy of the part or the whole of the document stored in the public parts of the registers;
(d) a certificate from the Ministry stating that there is no such registration in the registers;
(e) the original of the extract referred to in point (a) on the date of inclusion of the legal person in the registers and on the date of entry of the change in the particulars in the instrument referred to in point (a).
(2) The instruments referred to in paragraph 1 shall bear the date on which the instrument is drawn up, the date on which they are issued, the number of its parties, the rate of payment of the administrative fee or the instrument of exemption from the administrative charge, the stamp of the Ministry with the national emblem, the name and surname of the staff member who drew them up and the signature thereof. The documents shall be issued in accordance with the status of the registration on the date on which they are drawn up or on any other specified date.
(3) The instrument referred to in paragraph 1 (c) and (d) shall also contain an indication of who has requested it.
(4) The documents referred to in paragraph 1 are issued only in the Czech language. The model documents referred to in paragraph 1 (a) and (b) are set out in Annexes 1, 2 and 3. Where there is no record in certain boxes of documents referred to in points (a) and (b) of paragraph 1, those boxes shall be replaced by a statement that there is no record in those boxes.
(5) The instruments referred to in paragraph 1 (a) to (d) shall be issued on a written request accompanied by a stamp of a value of the specific legislature (m3) indicating:
(a) the name, name and surname of the applicant and the address of his place of residence in the Czech Republic, if the applicant or applicants are a natural person, or the name of the legal person, his registered office and identification number;
(b) the subject matter of the application, including the specification of the instrument required by the applicant.
(6) The fee for the issue of the instrument referred to in paragraph 1 (a) to (d) shall be governed by special legislation.3)
(7) The Ministry may issue the instrument referred to in paragraph 1 (c) and (d) containing the identification data specified in the private parts of the registries only where specific legislation allows it (2) and the applicant certifies the legal interest.
Electronised form of registers
The electronic form of registries shall be maintained by the Ministry as registry administrator and shall allow access to the public data of registries in accordance with specific legislation.2), 3), 4)
Common provisions
(1) The Ministry shall keep as part of the registers:
(a) details and documents of legal persons whose registration or registration has been revoked;
(b) proposals for the registration of churches and religious societies, associations of churches and religious societies and for the registration of legal persons who have not become legal persons under the law, including decisions of the Ministry to reject the proposals and stop proceedings;
(c) the registration of legal persons before the application of the law, which was carried out under the previous legislation.
(2) The data and documents referred to in paragraph 1 (a) to (c) and their public accessibility shall be maintained in accordance with § 2 to 6.
Transitional provisions
(1) The existing register of the Ministry established from 1.1.1994 by order of the Minister of Culture of 19.11.1993, No 8 / 1993, on the establishment of a register of legal persons pursuant to Act No. 308 / 1991 Coll., on the freedom of religious faith and the status of churches and religious societies, is, in accordance with Article 28 of the Act, kept as provisional for those legal persons who have not completed the statutory data for the production of extracts from registers. Such legal persons shall be issued with a record sheet indicating their period of validity by 7 January 2003 at the latest. Only those legal persons who are religious legal persons under § 6 (2) of the Act are included in the register of religious legal persons.
(2) For the church and the religious society listed in the Annex to the previous legislation, the Ministry shall indicate as the date of registration on 1 September 1991 when it became effective and as the registration number "308 / 1991 supplemented by the serial number under which the church and religious society were listed in the Annex to the previous legislation."
(3) The registered church and religious society listed in the Annex to the Act will submit to the Ministry, pursuant to Article 28 of the Act, a proposal for registration of changes to the basic document of the Church and the religious society, which contains all the information referred to in Article 10 (3) of the Act, with the exception of those referred to in Article 10 (3) (e), in the order referred to in Article 10 (3) of the Act.
(4) On the basis of evidence of a registered church and a religious society on the exercise of certain special rights under Article 7 (1) of the Act and the own verification of the statutory conditions under Article 28 (1), the Ministry shall enter in the Register of Churches and Religious Companies the authorisation to exercise the relevant special rights under Article 7 (1) of the Act. The date of registration of the entitlement to exercise special rights will be indicated on 7 January 2002 when the law became effective and registration number 3 / 2002, supplemented by a serial number under which the Church and the religious society are listed in the annex to the law.
(5) If the data on legal persons are not added under the Act for the preparation of extracts from registers under the Act by 7 January 2003, the Ministry shall, on that date, transfer them to the registers with the indication "DATA ACCORDING TO THE LAW HAVE NOT BEEN ACHIEVED 'and proceed further in accordance with § 28 (4) and (5) of the Act.
(6) The records referred to in paragraph 1 shall not be taken into account as from 7 January 2003.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Retired v. r.
Příloha č. 1
Annex No 1 to Decree No. 232 / 2002 Coll.
Model extract from the Register of Registered Churches and Religious Companies
Příloha č. 2
Annex No 2 to Decree No 232 / 2002 Coll.
Model extract from the Register of Association of Churches and Religious Companies
Příloha č. 3
Annex 3 to Decree No 232 / 2002 Coll.
Model extract from the Register of registered legal persons
2) Act No. 106 / 1999 Coll., on Free Access to Information, as amended.
3) Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
4) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws.
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Regulation Information
| Citation | Decree of the Ministry of Culture No. 232 / 2002 Coll., implementing Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Companies) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.06.2002 |
|---|---|
| Effective from | 06.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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