Act No. 246 / 2017 Coll.
Law on European political parties and European political foundations and on the amendment of certain laws
Valid
Law
Effective from 18.08.2017
Text versions:
18.08.2017
Contents
246
THE LAW
of 19 July 2017
on European political parties and European political foundations and on amending certain laws
Parliament has decided on this law of the Czech Republic:
EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL NADATIONS
Subject matter
This law regulates, following the directly applicable regulation of the European Union1) certain rules of cooperation of the Czech Republic with the Office for European political parties and European political foundations (the Office) and other rules concerning European political parties based in the Czech Republic (the European political party) and European political foundations based in the Czech Republic (the European political foundation).
European political parties
(1) The name and abbreviation of a European political party must be different from the names and abbreviations of political parties and political movements registered under the law on association in political parties and political movements.
(2) Those who apply to the Office for registration of a European political party shall attach a certificate of compliance of the Statutes of a European political party with the law of the Czech Republic issued by the Ministry of Interior (hereinafter referred to as "the Ministry ').
(3) The Ministry shall, within 10 days of the date on which the statutes of a European political party have been notified to it, issue the certificate referred to in paragraph 2 or, where appropriate, communicate the reasons for which it was not possible to issue the certificate.
(4) Paragraphs 1 to 3 shall apply mutatis mutandis in the event of notification of an amendment to the Statutes of the European Political Party of the Office.
Change of legal form of the association to a European political foundation
(1) The Supreme Body of the Association may decide to change the legal form of the Association to a European political foundation.
(2) The decision to amend the legal form must include:
(a) the name, registered office and identification number of the association;
(b) the name of the European political foundation following a change in legal form; and
(c) the operative date.
(3) The decision to change the legal form of the association to the European political foundation shall take effect on the date on which the marketing authorisation of the European political foundation is published in the Official Journal of the European Union. Without undue delay, the European political foundation will then submit a proposal to remove the association from the Federal Register. When deleting the association, the Federal Register shall indicate that the association has changed legal form to a European political foundation, its name, seat and registration number.
Protection of creditors when changing the legal form of the association to a European political foundation
(1) The Association shall publish, at least 30 days before the meeting of the Supreme Authority, a notice of its intention to take a decision to change legal form to a European political foundation.
(2) The creditor of a sorority who lodges his claim within 6 months of the date on which the marketing authorisation for a European political foundation was published in the Official Journal of the European Union may request that his claim be secured with sufficient certainty if, as a result of a change in the legal form of his conquest, he deteriorates. If the creditor proves that, as a result of a change in the legal form of his claim, he or she will substantially deteriorate, he or she shall have sufficient security before the European political foundation's marketing authorisation becomes effective.
Amendment of the legal form of the European political party and European political foundation to the association
(1) The Supreme Authority of a European political party or a European political foundation may decide to change the legal form of a European political party or a European political foundation to a society.
(2) The decision to amend the legal form must include:
(a) the name, registered office and registration number of the European political party or European political foundation;
(b) the name of the association after a change in legal form;
(c) the operative date; and
(d) details of members of the bodies of the association which are registered in the Federal Register.
(3) The decision to change the legal form of a European political party or a European political foundation to a society shall take effect on the date of its registration in the Federal Register. The registration of the association shall indicate that the association has changed its legal form from a European political party or a European political foundation and its name, seat and registration number.
(4) A European political party or a European political foundation shall, without undue delay, request the amendment of the legal form to the association referred to in paragraph 3 to be deleted from the register of European political parties and European political foundations.
(5) If the registration in the Federal Register referred to in paragraph 3 is not carried out at the latest on the date on which the European political party or European political foundation ceases to have its European legal personality, the European political party or European political foundation shall be repealed with liquidation; for the purpose of liquidation, the European political party or European political foundation cancelled shall be considered a society.
Protection of creditors when changing the legal form of a European political party and a European political foundation to a society
(1) A European political party or a European political foundation shall publish, at least 30 days before the meeting of the Supreme Authority, a notice of its intention to take a decision on the change of legal form to a society.
(2) A creditor of a European political party or a European political foundation who lodges his claim within 6 months of the date on which the registration of the change of legal form became effective towards third parties may request that his claim be secured with sufficient certainty if, as a result of the change in legal form, his conquest deteriorates. If the creditor proves that, as a result of a change in the legal form of his claim, his claim will deteriorate substantially, he shall have sufficient security before the change in the legal form is entered in the Federal Register.
Common provision to amend the legal form
Unless otherwise provided for in this law, the Civil Code shall apply to the procedure laid down in paragraphs 3 to 6.
Registration number
European political parties and European political foundations shall use the registration number (2) assigned to them by the Office for their national identification to public authorities and to third parties.
Ministry
(1) The Ministry publishes on its website, for information purposes, an overview of European political parties and associated European political foundations using data from the register of European political parties and European political foundations managed by the Office.
(2) The Ministry shall apply to the Office for:
(a) consultation on the date of publication of the Authority's decision to register a European political party and a European political foundation and the date of publication of an update of its statutes in the Official Journal of the European Union; and
(b) the withdrawal of registration of a European political party or a European political foundation.
National Contact Point
(1) The National Contact Point, through which the Czech Republic, with the Office and the Authorising Officer of the European Parliament, shall inform each other on matters related to financing, control and sanctions in matters relating to European political parties and European political foundations, is the Ministry of Finance.
(2) If the Office requests, within the framework of its control of European political parties and European political foundations, cooperation from the Czech Republic, public authorities are obliged to provide synergies to the national focal point.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
Act No. 100 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5 / 2002, Act No. 5 / 1992, Act No. 5 / 1992, Act No. 5 / 1992, Act No. 5 / 1992, Act No. 5 / 1992, Act No. 5 / 1992 Coll., Act No. 5 / 1990 Coll., Act No. 5 / 1990 Coll., Act No. 5 / 1990 Coll.
1. In Article 12 (1), the words "and association in political parties and political movements' shall be added at the end of the text in point (c).
2. In Article 12, the following paragraph 7 is added:
"(7) The Ministry of the Interior has a coordinating role in the field of European political parties and European political foundations based in the Czech Republic."
Amendment of the Income Tax Act
Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5 / 1999, Act No. 5, Act No. 96, Act No. 96, Act No. 99, Act No. 5 / 1999, Act No. 5 / 2004, Act No. 5, Act No. 2004, Act No. 5, Act No. 5, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 5, Act No. 2004, Act No. 2004, Act No. 1999, No 1999
1. in Articles 15 (1) and 20 (8), the words "and political movement" shall be replaced by the words "political movement, European political parties or European political foundations."
2. in Paragraph 19 (1) (a), the words "or European political foundations" shall be added at the end of the text of point 2.
3. in Article 19 (1) (a) (4), the words "or political movement" shall be replaced by the words "political movement or European political party."
EFFECTIVE
This Act shall take effect on the day of its publication.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
1) Regulation (EU, Euratom) No 1141 / 2014 of the European Parliament and of the Council of 22 October 2014 on the status and financing of European political parties and European political foundations.
2) Commission Delegated Regulation (EU, Euratom) 2015 / 2401 of 2 October 2015 on the content and functioning of the register of European political parties and European political foundations. Commission Implementing Regulation (EU) 2015 / 2246 of 3 December 2015 laying down detailed rules concerning the registration number system used for the register of European political parties and European political foundations and the information provided in standard extracts from the register.
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Regulation Information
| Citation | Act No. 246 / 2017 Coll., on European political parties and European political foundations and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 18.08.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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