Act No. 239 / 2024 Coll.
Act amending Act No. 117 / 2001 Coll., on Public Collections and on the Amendment of Certain Acts (Act on Public Collections), as amended
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
06.08.2024
239
THE LAW
of 10 July 2024
amending Act No. 117 / 2001 Coll., on public collections and amending certain laws (Act on public collections), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 117 / 2001 Coll., on public collections and amending certain laws (Act on Public Collections), as amended by Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 120 / 2012 Coll., Act No. 142 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 287 / 2018 Coll., Act No. 261 / 2021 Coll., Act No. 130 / 2022 Coll., is amended as follows:
1. in Paragraph 1 (3) (b), the words "costs actually incurred" shall be replaced by the words "costs of the legal person who held the collection actually incurred."
2. In Article 1, at the end of paragraph 3, the dot is replaced by a comma and the following point (d) is added:
"(d) the overhead costs of the indirect costs incurred by the legal person who carried out the collection, or for the benefit of the collection, in order to achieve the purpose of the collection, in particular the costs of staff remuneration and the costs associated with the use of premises and service costs.";
3. in Article 2 (a) and (b), the word "financial" is replaced by the word "cash."
4. In Article 2, at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) the collection of cash contributions to a bank account, unless it has been voluntarily notified as a collection under this law and its conduct certified."
5. in § 5 (1) (a), the words "in the capital of Prague," shall be inserted after the words "the municipality."
6. in Article 5 (1) (a) (1), the words "municipalities or regions" shall be deleted;
7. in Article 5 (1) (a) (2), the words "the municipality, the municipality, or the county captain, the county captain, the region manager," shall be replaced by the words "the municipality, the mayor of the town district or the county supervisor."
8. in Article 5 (1) (b) (2), the words "register register" are replaced by the words "register."
9. In Paragraph 5 (2), the words "if the net proceeds of the collection are to be covered by overheads, the maximum percentage of the net proceeds which may be used in this way shall also be added to the collection. '
10. in Paragraph 5 (2) (g), "price" is replaced by "selling price (hereinafter referred to as" price ")."
11. In § 5 (4) of the introductory part of the provision, the words "in the capital of Prague, the urban part" shall be inserted after the word "municipality."
12. in Article 5 (4) (a):
"(a) an affidavit stating that he does not have a payment to be registered, except for a payment to be allowed to wait his payment or to distribute his payment on instalments,
1. at the authorities of the Financial Administration of the Czech Republic,
2. the customs authorities of the Czech Republic,
3. insurance premiums and periodic penalty payments for public health insurance,
4. insurance and periodic penalty payments for social security and contributions to national employment policy; and
5. similar arrears as referred to in points 1 to 4 abroad, '.
13. in Article 5 (5), "5" is replaced by "10."
14. in Article 5a (4), the words "register register" are replaced by the words "register."
15. Paragraph 6 (1) reads:
"(1) The competent regional authority shall decide that the collection cannot be held if:
(a) the purpose of the notified collection is contrary to the law;
(b) the legal person who has notified the holding of the collection has not fulfilled any other conditions laid down in this law; or
(c) the legal person who has notified the holding of the collection has been found to be guilty of committing more than one offence in the last 5 years under § 25a (1) (a), (l), (n), (p), (q), (r), (s) or (t). "
16. In Article 6, the following paragraph 2 is inserted after paragraph 1:
"(2) The appeal against the decision referred to in paragraph 1 shall not have suspensory effect.";
Paragraph 2 shall become paragraph 3.
17. in Article 6, the following paragraph 4 is added:
"(4) For the purpose of demonstrating the facts referred to in paragraph 1, points (a) and (b) shall apply. (c) the competent regional authority shall request a copy of the criminal record; the request shall be transmitted in electronic form in a way that allows remote access. ';
18. in Articles 8 (4), 19 (5), 20 (1) last sentence, 21 (4) and 24 (4), the words "comparable means" shall be replaced by the words "remote access or at least one of the ways."
19. Paragraph 8 (6) reads:
"(6) The legal person may notify the competent regional authority in writing, before the end of the fixed-term collection, that the collection is converted into an indefinite collection. In the case of a collection held for a maximum period of 1 year, the legal person shall also supplement the information referred to in Article 5 (2) (h). ';
20. In Article 10 (3), the words "or in the capital of Prague, the urban part" shall be inserted after the word "municipality."
21. in Paragraph 11 (4), the word "financial" is replaced by "cash."
22. In Article 11 (5), the words "in the capital of Prague, the urban part" shall be inserted after the word "village."
23. In the first sentence of Article 12 (2), the words "the price of the article 'shall be inserted after the words" the object'.
24. In Article 12, the following paragraph 3 is added:
"(3) The amount of the allowance must be at least 40% of the price of the article."
25. In the first sentence of Paragraph 13 (2), the words "ticket price," shall be inserted after the words "amount of the allowance."
26. In Article 13, the following paragraph 3 is added:
"(3) The amount of the allowance must be at least 40% of the price of the ticket."
27. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The municipality may provide for a generally binding decree of a place in which a collection of items cannot be held or advertised, the sale of tickets for public cultural or sports performances, or other generally available events, or otherwise provided for in Article 9 (2), in respect of the sale of goods or services in the field of tourism under the Act on certain conditions of business and the pursuit of certain tourism activities. '
28.
When promoting the collection, the legal person shall also indicate the maximum percentage of net revenue that may be used to cover overheads. ';
29. in Article 20 (3), the words "and in a way which allows remote access (hereinafter referred to as" the website ")" shall be deleted;
30. in Article 22 (2), the words "and its website" shall be deleted;
31. In Article 23, the sentence "The net proceeds of the collection may be used to cover overheads in the period for which the bill is submitted to the maximum extent specified in the notification of the collection. 'is added at the end of paragraph 4.
32. in Article 24 (1), the last sentence is deleted;
33. In the second sentence of Article 24 (3), the words "the actual costs associated with its performance 'are replaced by the words" the costs associated with the holding of the collection' and the words "and to cover what overheads' are added at the end of the text of the second sentence.
34. in Article 24 (4), the word "final" shall be deleted;
35. in Paragraph 25 (1) of the Introductory Part of the Provisions, the words "legal or legal" and the words "or its legal representative or guardian" shall be inserted after the words "physical";
36. in § 25a (1) (b), the text "§ 8 (5)" is replaced by "§ 8 (3) and (5)."
37. in Article 25a (1), point (e) is deleted;
Points (f) to (y) shall be renumbered as points (e) to (x).
38. in § 25a (1) (f) and (g):
"(f) in the course of the collection, it shall not fulfil any of the obligations under Article 11;
(g) in the course of the collection, they shall not fulfil any of the obligations under Article 12 (1) and (2), ';
39. in Article 25a (1), point (h) is deleted;
Points (i) to (x) shall be renumbered as points (h) to (w).
40. in Article 25a (1) (h):
"(h) in the course of the collection, they shall not fulfil any of the obligations under Article 13 (1) and (2),"
41.Paragraph 25a (1) (i) shall be deleted;
Points (j) to (w) shall be renumbered (i) to (v).
42.In Article 25a (1) (k):
"(k) in contravention of Article 17, it shall not indicate, when promoting the collection, the maximum percentage of net revenue from which overheads may be paid."
43.In Article 25a (1) (s) and (t):
"(s) uses the net proceeds of the collection in breach of Article 23 (4);
(t) fails to comply with any of the accounting obligations under § 24. ';
44. in Article 25a (1), points (u) and (v) are deleted;
45. in Paragraph 25a (2) (a), "(f) and (m)" is replaced by "(e) and (j)";
46. in Article 25a (2) (b), "(j), (k), (l) or (x)" is replaced by "(c), (g), (h), (i) or (k)."
47. in Article 25a (2) (c), "(c), (e), (g), (n), (p), (q) or (r)" shall be replaced by "(f), (m) or (o)."
48. in § 25a (2) (d), "h), (i), (o), (s), (t), (u), (v), (w) or (y)" is replaced by "l), (n), (p), (q), (r), (s) or (t)."
49. In Paragraph 25a, the following paragraph 3 is added:
"(3) The competent decision on an offence referred to in paragraph 1 (a), (l), (n), (p), (q), (r), (s) or (t) shall be entered in the register of offences."
Transitional provision
A legal person who has been certified before the date of entry into force of this Act to carry out a collection of articles or tickets for public cultural or sporting performances or other generally available events for which the amount of the contribution was determined less than 40% of the price of the article or ticket, and that collection has not been completed before the date of entry into force of this Act, is obliged to notify the competent regional authority or the capital city of Prague of the new determination of the amount of the contribution pursuant to § 12 (3) or § 13 (3) of Act No. 117 / 2001 Coll., as effective from the date of entry into force of this Act.
Efficacy
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. 239 / 2024 Coll., amending Act No. 117 / 2001 Coll., on Public Collections and on the Amendment of Certain Acts (Act on Public Collections), 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. 617
The regulation text is for informational purposes only.
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