Act No. 237 / 2024 Coll.
Act amending Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Acts (Act on Churches and Religious Societies), as amended, and Act No. 634 / 2004 Coll., on Administrative Duties, as amended
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
06.08.2024
237
THE LAW
of 10 July 2024
amending Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment to Certain Laws (Act on Churches and Religious Companies), as amended, and Act No. 634 / 2004 Coll., on Administrative Duties, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on churches and religious societies
Act No. 3 / 2002 Coll., on the freedom of religion and the status of churches and religious societies and on the amendment of certain laws (Act on Churches and Religious Companies), as amended by the Constitutional Court Act No. 4 / 2003 Coll., Act No. 562 / 2004 Coll., Act No. 495 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 129 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 192 / 2016 Coll., Act No. 303 / 2017 Coll., and Act No. 261 / 2021 Coll., is amended as follows:
1. In Article 1 (b), the words "legal persons established by a registered church and religious society and registered under this Act (hereinafter referred to as" registered legal person ')' are replaced by "registered legal persons'.
2. in Article 3, the following point (b) is inserted after point (a), including footnote 21:
"(b) registered legal person institution14a) established by a registered church and religious society for the purpose of confessing religious faith or for the exercise of charitable, social, health or other public service activity 21) and registered under this Act;
21) For example, Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act), as amended, Act No. 108 / 2006 Coll., on Social Services, as amended. '
Points (b) to (d) shall be renumbered (c) to (e).
3. In Article 5 (f), the words "church or 'are replaced by the words" church and';
4. In Paragraph 6 (1), the words "(hereinafter referred to as the registered church and religious society) 'are deleted.
5. Paragraph 8 (3) is deleted.
6. In Article 9 (1), the words "or the institution 'are deleted.
7. In Article 10, at the end of paragraph 2, the dot is replaced by "a 'and the following point (e) is added:
"(e) identification details of members of the statutory body of the church and of the religious society, if they are established at the time of the application for registration of the church and religious society."
8. In Article 10 (3) (d), the words "and institutions of Greek institutions' are replaced by" or registered legal persons'.
9. in Article 10 (3), point (e) is deleted;
Points (f) to (l) shall be renumbered as points (e) to (k).
10. in Article 10 (3) (e), the words "legal persons which will be proposed for registration in accordance with this Act pursuant to Article 15a (1), the method of setting up them" shall be replaced by the words "registered legal persons who will be proposed for registration under this Act, the method of setting up them."
11. in Paragraph 10 (3) (i), "5" is replaced by "2."
12. in Article 10 (5), the words "notify their identification data pursuant to paragraph 3 (e) of the Church and the religious society" shall be replaced by the words "the Church and the religious society shall notify the Ministry of their identification data."
13. in Article 11 (1) (b):
"(b) at least 10 years before the submission of the proposal, send an annual activity report and accounts to the Ministry for the previous calendar year, '.
14. Paragraph 11 (2) is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
15. Paragraph 11 (2) reads:
"(2) An application for authorisation to exercise special rights may be submitted for the exercise of one or more special rights under Paragraph 7 (1). '
16. in Article 11 (3) (a), the words "its registration" shall be replaced by the words "the grant of entitlement to exercise special rights."
17. in Paragraph 11 (3), the comma shall be replaced by a dot at the end of point (b) and point (c) shall be deleted, including footnote 14.
18. in Paragraph 11 (4), the words "all special rights' are replaced by the words" special rights'; the words "(e) 'are replaced by the words" 3';
19. in Article 11 (6), the words "register of punishments" are replaced by the words "register of punishments";
20. Article 13 shall be deleted, including the title.
21. in Article 14 (1) of the introductory part of the provision and in Article 14 (3), the words "pursuant to Article 11 (3)" shall be deleted;
22. in Paragraph 14 (1) (b):
"(b) whether registration or entitlement to exercise special rights is not contrary to this law;"
23. in Article 14 (4), the words "registration" shall be deleted;
24. Paragraph 14 (6) is deleted.
Paragraph 7 shall become paragraph 6.
25. In the first sentence of Article 14 (6), the words "pursuant to Article 13 (3)" shall be deleted.
26. In the last sentence of Article 14 (6), the words "the representative of the Preparatory Committee in the case of proceedings for registration of a church and a religious society or the representative of the Preparatory Committee of the Union in the case of proceedings for registration of a association of churches and religious societies, or the statutory body of a registered church and religious society in the case of proceedings for the granting of authorisations for the exercise of special rights' are replaced by the words" the appellant '.
27. in Paragraph 15 (2):
"(2) The application for registration of amendments shall contain a new full text of the document to which the amendments relate. ';
28. In Article 15 (4), the words "the statutory body of the registered church and religious society and the statutory body of the association of churches and religious societies' are replaced by the words" the registered church and religious society and the association of churches and religious societies' and the words "the internal rules of the church or religious society 'are replaced by the words" the basic document of the church and religious society'.
29. In the second sentence of Article 15 (5), the words "the Ministry shall, within 5 working days, invite in writing the statutory body of the registered church and religious society or the statutory body of the association of churches and religious societies to supplement the data" shall be replaced by the words "or, if there are other defects, the Ministry shall invite within 5 working days the registered church and the religious society or association of churches and religious societies to remove them."
30. In Section 15a, the word "Common 'is replaced by" General'.
31. in Paragraph 15a (1):
"(1) An application for registration of a registered legal person shall be submitted by a registered church and a religious society. The registered legal person becomes a legal person on the date of registration under this Act. '
32. in Paragraph 15a (3):
"(3) The registered church and the religious society shall, within 10 days of the date on which the change in the data relating to the registered legal person in the Register of Registered Legal Persons has taken place, submit a proposal to register that change, accompanied by a new full text of the statutes, statutes or similar document of the registered legal person, if they have been amended. The Ministry shall apply paragraphs 5 and 6 of Paragraph 15 mutatis mutandis. In the event of a change to the statutes, statutes or similar document of a registered legal person which does not lead to a change in the data kept on the registered legal person in the Register of Registered Legal Persons, the registered church and the religious society shall send their new full text to the Ministry within 10 days of the date on which their change took place. ';
33. In Article 15a (4), the word "registered" shall be inserted after the word "activity," the words "registered in accordance with paragraph 1," in addition to the public service activity, "shall be deleted and the word" supplementary "shall be replaced by" ancillary. "
34. The heading of Section 16 reads: "Registration of a registered legal person."
35. in Article 16, paragraph 1 is deleted;
Paragraphs 2 to 6 shall be renumbered paragraphs 1 to 5.
36. In Article 16 (1) of the introductory part of the provision, the word "registered 'shall be inserted after the word" register' and the words "pursuant to Article 15a (1) (a) 'shall be deleted;
37. in Article 16 (1) (b), the words "the Statute or similar document" shall be inserted after the words "the statutes."
38. in Article 16 (1) (g):
"(g) the manner in which its statutory body is to act; and"
39. in Paragraph 16, the following point (h) is added at the end of paragraph 1:
"(h) the designation of the type of registered legal person as set out in the basic document referred to in Article 10 (3) (e)."
40. In Article 16 (2), the first sentence is replaced by the following: "The registered church and the religious society shall submit an application for registration of the registered legal person within 10 days of the date of establishment of the registered legal person. 'and in the second sentence the word" church' shall be replaced by the word "registered '.
41. in Article 16 (3), the words "the institution of the registered church and religious society referred to in Article 10 (3) (d), the period referred to in paragraph 3" shall be replaced by the words "the registered church and the religious society referred to in paragraph 2."
42. Paragraph 16 (4) and (5) read:
"(4) If the application for registration of a registered legal person does not have all the particulars referred to in paragraph 1 or if it suffers from other defects, the Ministry shall, within 10 working days of the date of receipt of the application, invite the registered church and the religious society to remove them within 30 days.
(5) If the registered church and religious society do not remove the defects of the application for registration of a registered legal person or not of a registered legal person, the Ministry shall reject the proposal by decision which it issues as the first action in the proceedings. '
43. Article 16a shall be deleted, including the title.
44. in Paragraph 17 (1):
"(1) The Ministry shall keep the Register of Registered Churches and Religious Companies, the Register of Association of Churches and Religious Societies and the Register of Registered Legal Persons to which legal persons registered or registered under this Act and the statutory data specified therein shall be entered. Each of these registers shall include a collection of documents evidencing the facts entered in the register and other documents provided for in this Act. ';
45. in Paragraph 17 (2), "4" is replaced by "3."
46. In Article 17, the following paragraph 4 is inserted after paragraph 3:
"(4) The extract issued by the Ministry pursuant to paragraph 3, second sentence, shall contain information on a registered church and a religious society pursuant to § 18 (1), on a association of churches and religious societies pursuant to § 19 (1) or on a registered legal person pursuant to § 20 (1). The extract shall be issued with these particulars in force on the date of its issue or on the requested date. The full statement shall contain all these particulars and their changes. ';
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
47. In Article 17, the words "and shall allow the receipt of an officially certified electronic extract with the data in force on the date of issue 'shall be added at the end of the text of paragraph 8.
48. in Paragraph 18 (1) (f):
"(f) the authorisation to exercise the special rights, specifying the individual special rights granted pursuant to Article 7 (1), the date on which they were granted and the change in their scope;"
49. in Articles 18 (1) (g) and 20 (1) (g), the words "rejection of the insolvency application because the property will not be sufficient to cover the costs of insolvency proceedings" shall be deleted;
50. in Paragraph 18 (2):
"(2) The register of registered churches and religious societies contains basic documents of churches and religious societies and annual reports and accounts sent to the Ministry."
51. in Paragraph 19 (1) (c), the words "and seat" shall be deleted;
52. Paragraph 19 (2) reads as follows:
"(2) The Charter of Religious and Religious Organisations sets up the founding treaties and statutes of religious associations."
53. In Section 20 (1) of the introductory part of the provision, the words "under this Act 'are deleted.
54. In § 20 (1) (i):
"(i) the day of extinction,"
55. In Paragraph 20, at the end of paragraph 1, the dot is replaced by a comma and the following point (k) is added:
"(k) the name, seat and identification number of the registered church and the religious society which founded it."
56. Paragraph 20 (2) reads:
"(2) The register of registered legal persons shall contain the statutes, statutes or similar documents of registered legal persons. ';
57. in the part of the first heading of Title VI, the words "revocation of an authorisation 'are replaced by the words" revocation and amendment of an authorisation';
58. In Section 21, the words "and amendment 'shall be inserted after the words" Repeal'.
59. In Paragraph 21 (1) of the Introductory Part of the provision, the words "initiate the cancellation procedure 'are replaced by the words" repeal'.
60.In Paragraph 21 (1) (b):
'(b) upon application by the registered church and religious society to revoke the entitlement to exercise special rights,';
61.Paragraph 21 (2) reads as follows:
"(2) The Ministry, on the basis of a proposal from a registered church and religious society, shall restrict or extend the scope of the authorisation to exercise special rights. The provisions of this law relating to the application for an authorisation to exercise special rights shall apply mutatis mutandis to the application for an authorisation to exercise special rights. ';
62. In Article 21 (4), the words "or change in scope 'shall be inserted after the word" cancellation'.
63. In Paragraph 22 (1) of the Introductory Part of the provision, the words "initiate proceedings for the revocation of registration of a church and a religious society or for the revocation of registration 'are replaced by the words" revoke registration of a church and a religious society or'.
64. In Paragraph 22 (1) (b), the words "or the insolvency proposal will be rejected because the assets of the church or religious society or association of churches and religious societies will not be sufficient to cover the costs of insolvency proceedings," shall be deleted.
65.In Article 22 (1) (c), "paragraph 5" is replaced by "paragraph 2."
66. In Article 24 (3), the word "obligations' is replaced by" obligations'.
67. In Paragraph 25 (2), the sentence "A registered church and a religious society shall not cease to exist before all its registered legal entities have ceased to exist."
68. In Article 26 (1) of the Introductory Part of the provision, the words "pursuant to Article 15a (1) 'are deleted.
69. In Paragraph 26 (1) (a), the words "the body of the registered church and the religious society which proposed it for registration" shall be replaced by the words "the registered church and the religious society which founded it."
70. In Paragraph 26 (1) (b), the words "which proposed it for registration" shall be replaced by the words "which founded it."
71. in Article 26 (1) (c), the word "if" shall be replaced by "if it has been deleted," the words "whose authority has proposed that legal person for registration" shall be replaced by the words "which founded it" and the words "pursuant to Article 24 (3)" shall be deleted;
72. In Paragraph 26 (1) (d), the words "or after the insolvency application has been rejected because its assets are not sufficient to cover the costs of insolvency proceedings," shall be deleted and the word "or" shall be added at the end of the letter. "
73.In Article 26 (1), the comma shall be replaced by a dot at the end of point (e) and points (f) to (h) shall be deleted.
74. Paragraph 26 (2) and (3) read:
"(2) The registered legal person shall cease to be the date of deletion from the Register of registered legal persons.
(3) After the registration of the registered legal person has been revoked, its liquidation must take place; the liquidation shall not take place if its rights and obligations to a registered church and religious society or any other registered legal person pass. ';
75. in Article 26 (4), the first sentence is deleted;
76. In Paragraph 26 (4), the words "whose authority has proposed it for registration 'are replaced by the words" which founded it'.
77.In Paragraph 26 (5), the words "pursuant to Paragraph 15a (1) 'shall be deleted and the word" registration' shall be replaced by the words "Register of registered legal persons';
78. In Article 26 (7), the words "its cancellation 'are replaced by the words" its cancellation'.
79. In Paragraph 27, paragraphs 1 to 3 and 6 to 9 are deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 1 and 2.
80. In the second sentence of Article 27 (2), "supplementary income 'is replaced by" ancillary'.
Article 81 (29), including the title, is deleted.
Transitional provisions
1. The data referred to in § 20 (1) (k) of Act No. 3 / 2002 Coll., as effective from the date of the entry into force of the Act, the Ministry of Culture shall register in the Register of Registered Legal Persons without proposal within 6 months of the date of entry into force of the Act.
2. Where a registered church and religious society submit a proposal for the authorisation to exercise special rights or to extend the authorisation to exercise special rights within 10 years of the date of entry into force of this Act, the obligation provided for in Article 11 (1) (b) of Act No. 3 / 2002 Coll., as effective from the date of entry into force of this Act, shall be deemed to have been fulfilled within the calendar years preceding the date of entry into force of this Act, if the annual reports and accounts have been published in accordance with the existing legislation and at the same time the registered church and religious society will be sent to the Ministry of Culture at the latest with the proposal for the authorisation to exercise of specific rights or the extension of the rights.
3. If the liquidation of a legal person registered in the Register of Registered Legal Persons started before the date of entry into force of this Act was not completed before the date of entry into force of this Act and the assets of that legal person are not sufficient to cover its debts, the registered church and the religious society which founded it shall be liable for such debts.
Amendment of the Administrative Charges Act
Act No. 100 / 2009, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 2011, Act No. 100 / 2008, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, Act No. 2011, No. 2011, Act No. 5 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2016, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2016, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 15, Act No. 15 / 2015, Act No. 15 / 2015, Act No. 13, Act No. 15 / 2015, Act No 2015, Act No 2015, Act No. 15 / 2015, Act No 2015, Act No 2015, Act No 2015, No 2015, No 2015, No 2015, No. 13, No 2015, No 2015, No 2015, No 2015, No 2015, No 2015, No 2015, No 2015, No 2015, No 2015,
1. In entries 3 to 5 of Part Exemption point 2, the words "special-purpose establishments registered by churches and religious societies," shall be deleted.
2. in section 3, the subject of the fee is not point 3, the words "Register of religious legal persons' are replaced by the words" Register of registered legal persons';
footnote 7 is deleted.
3. in entry 4 of the part of Exemption point 3, the words "churches and religious societies' are replaced by the words" churches and religious societies';
REPEAL PROVISIONS
They shall be deleted:
1. Decree No. 232 / 2002 Coll., implementing Act No. 3 / 2002 Coll., on 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).
2. Decree No. 547 / 2006 Coll., amending Decree of the Ministry of Culture No. 232 / 2002 Coll., implementing Act No. 3 / 2002 Coll., on 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).
3. Decree No. 412 / 2013 Coll., amending Decree 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), as amended by Decree No. 547 / 2006 Coll.
4. Decree No. 388 / 2016 Coll., amending Decree No. 232 / 2002 Coll., implementing Act No. 3 / 2002 Coll., on 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), as amended.
EFFECTIVE
This Act shall take effect on 1 January 2025.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 237 / 2024 Coll., amending Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Acts (Act on Churches and Religious Companies), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 613
The regulation text is for informational purposes only.
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