Decree No. 250 / 2005 Coll.
Order on binding forms for submission of applications for registration in the Commercial Register
Valid
Order
Effective from 01.07.2005
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250
DECLARATION
of 15 June 2005
on binding forms for submission of applications for registration in the Commercial Register
According to § 32 (4) of Act No. 513 / 1991 Coll., the Commercial Code, as amended, provides for:
This Order sets out binding forms for submission of applications for registration in the Commercial Register and the list of documents (annexes) attached thereto.
The binding forms are contained in Annexes 1 to 14 to this Decree. The list of attached documents (annexes), which illustrates the registration of the transformation of a company or cooperative and European cooperative companies in the commercial register, is contained in the list of Annexes No 15 to 19 to this Decree. The Ministry of Justice shall publish the forms and the list of attached documents (annexes) at the same time in a way that allows remote access and make the content of the forms available without charging.
This Decree shall take effect on 1 July 2005.
Minister:
JUDr.
Příloha č. 1
Annex No. 1 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 2
Annex No 2 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 3
Annex 3 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 4
Annex No. 4 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 5
Annex No 5 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 6
Annex No 6 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 7
Annex No 7 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 8
Annex No 8 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 9
Annex No 9 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 10
Annex No. 10 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 11
Annex No 11 to Decree No 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 12
Annex No 12 to Decree No. 250 / 2005 Coll.
Application for registration or registration of changes to the registered data
Příloha č. 13
Annex No. 13 to Decree No. 250 / 2005 Coll.
Application for deletion from the Commercial Register
Příloha č. 14
Annex No 14 to Decree No 250 / 2005 Coll.
Additional note
List of binding forms - Annexes 1 - 14
1. Application for registration / registration of changes to registered company data in the Commercial Register
2. Application for registration / registration of changes to the registered data of the cooperative
3. Application for registration / registration of a change to the registered data of the European Economic Association
4. Application for registration / registration of changes to registered business data - natural persons
5. Application for registration / registration of changes to the registered data of the limited company
6. Application for registration / registration of a change to the registered data of the plant
7. Application for registration / registration of changes to the registered data of the organisational component of a foreign enterprise in the Commercial Register
8. Application for registration / registration of changes to registered data of a contribution organisation in the Commercial Register
9. Application for registration / registration of a change in registered data of a limited company in the Commercial Register
10. Application for registration / registration of a change in the registered data of a public commercial company
11. Application for registration / registration of an amendment to the registered data transferred by (foreign) legal person to the Commercial Register
12. Application for registration / registration of changes to registered company data of other legal form in the Commercial Register
13. Application to delete registered natural or legal persons from the Commercial Register
14. Additional sheet
Overview of annexes to form 1 of the public limited liability company:
IV. Application for registration
Basic information,
The facts recorded in the basic data section are evidenced by:
(a) a founding contract or instrument in the form of a notarial record;
(b) notarial registration certifying the conduct of the constituent general meeting;
(c) a notarial record of the decision of the General Assembly approving the statutes;
(d) a business authorisation, unless this is identifiable by the public administration information systems or parts thereof which are public registers, registers or lists;
(e) notarial registration certifying the amendment of the statutes;
(f) a document certifying the legal reason for the use of the rooms in which the registered office of the public limited-liability company is situated, an extract from the property register not earlier than 3 months of age certifying the right of ownership to the premises in which the company has placed its registered office and, if it is not the owner, the consent (together) of the owner of such premises, or the administrator authorised to give consent to the location of the registered office and the authorisation of that administrator
(g) a copy of the decision of the administrative authority issued under a special law with a mark of the legal authority.
Statutory authority - Board of Directors
The facts recorded in the section of the statutory body - the board of directors are evidenced by:
(a) the minutes of the resolution of the General Meeting / Supervisory Board on the election or withdrawal of a board member;
(b) a record of the Board of Directors' resolution on the election or removal of a member of the Board of Directors to office in the Board of Directors;
(c) Minutes of the Board of Directors meeting on co-optation of a member of the Board
(d) a declaration by a member of the Board of Directors of withdrawal from office in the Board of Directors, proof of receipt by the Board of Directors, including proof of withdrawal
(e) a statement by a member of the board of directors of withdrawal from the board of directors, proof of receipt to the competent authority of the company, including proof of consideration by the competent authority of the company;
f) when a member of the Board of Directors - citizen of the Czech Republic is registered in the Commercial Register: extract from the Register of Penalties not more than 3 months old,
(g) on registration of a member of the board of directors - citizen of another Member State of the European Union: an extract from the criminal record or an equivalent document from the State of which he is a citizen issued by the competent judicial or administrative authority. If that State does not issue the relevant extract of the criminal record or equivalent document, a declaration of honour made by a member of the Board of Directors before the notary or authority of the Member State of the European Union of which it is a citizen or of the Member State of the European Union of last residence shall be submitted,
(h) on registration of a member of the Board who is not a citizen of the Czech Republic or of another Member State of the European Union: an extract from the Register of Penalties not earlier than 3 months and an extract from the record of punishments or the corresponding document of the State of which the Board Member is a citizen and States in which he has remained continuously for at least 3 months in the last 3 years; such documents may not exceed 3 months;
(i) an affidavit by a member of the Board of Directors that:
1) is fully eligible for legal action;
2) meets the conditions of the business operation according to § 6 of Act No. 455 / 1991 Coll., on the business business, as amended, and has not been subjected to a fact which is an obstacle to the business operation pursuant to § 8 of Act No. 455 / 1991 Coll. on business business, as amended
3) fulfils the conditions under Section 381 of the Commercial Code;
the signature must be officially certified,
(j) a final decision by a court or administrative authority proving that a member of the Board has ceased to fulfil one of the conditions of eligibility for a member of the Board, as a result of which his membership of the Board has ceased;
Liquidator
The facts recorded in the liquidator section are evidenced by:
(a) proof of appointment / choice of liquidator;
(b) proof of the liquidation of the liquidator;
(c) an affidavit by the liquidator that it fulfils the conditions laid down in Article 381 of the Commercial Code;
the signature must be officially verified.
Prokura
The facts recorded in the Prokura section are evidenced by:
(a) instruments of origin, extinction, extension or narrowing of the procure;
(b) proof of the appointment of the inspector;
(c) an affidavit by a procuring entity to satisfy the conditions laid down in Article 381 of the Commercial Code;
the signature must be officially verified.
Supervisory Board
The facts recorded in the part of the Supervisory Board shall be evidenced by:
(a) the minutes of the resolution of the General Assembly on the election or withdrawal of a member of the Supervisory Board elected by the General Assembly;
(b) documents certifying the choice or withdrawal of a member of the supervisory board elected by the staff member, or an affidavit of the Board of Directors, that the company did not have 50 employees within the meaning of Article 200 (1) of the Commercial Code;
(c) a record of the resolution of the Supervisory Board on the election or withdrawal of a member of the Supervisory Board to a post on the Supervisory Board;
(d) Minutes of the Supervisory Board meeting on co-opting a member of the Supervisory Board
(e) a statement by a member of the Supervisory Board on the withdrawal from office in the Supervisory Board, proof of its service to the Supervisory Board, including proof of the hearing by the Supervisory Board;
(f) a statement by a member of the Supervisory Board on the withdrawal from membership of the Supervisory Board, proof of its receipt to the competent authority of the company, including proof of the hearing by the competent authority;
g) when a member of the Supervisory Board - citizen of the Czech Republic is registered in the Commercial Register: an extract from the Register of Penalties not older than 3 months,
(h) on registration of a member of the Supervisory Board - a citizen of another Member State of the European Union: an extract of the criminal record or an equivalent document from the State of which the member is a citizen issued by a competent judicial or administrative authority. If that State does not issue the relevant extract from the criminal record or equivalent document, a declaration of honour made by a member of the Supervisory Board before the notary or authority of the Member State of the European Union of which it is a citizen or of the Member State of the European Union of last residence shall be submitted,
(i) on registration of a member of the Supervisory Board who is not a citizen of the Czech Republic or of another Member State of the European Union: an extract from the Register of Penalties and an extract from criminal records or an appropriate document from the State of which the Supervisory Board is a citizen and the States in which he has remained continuously for at least 3 months in the last 3 years; such documents may not exceed 3 months;
(j) an affidavit from a member of the Supervisory Board that:
1) is fully eligible for legal action;
2) meets the conditions of the business operation according to § 6 of Act No. 455 / 1991 Coll., on the business business, as amended, and has not been subjected to a fact which is an obstacle to the business operation pursuant to § 8 of Act No. 455 / 1991 Coll. on business business, as amended
3) fulfils the conditions under Section 381 of the Commercial Code,
the signature must be officially certified,
(k) a final decision by a court or administrative authority proving that a member of the Supervisory Board has ceased to comply with one of the conditions of eligibility for membership of the Supervisory Board, as a result of which his membership of the Supervisory Board has ceased.
Only shareholder
The facts recorded in the part of a single shareholder shall be evidenced by:
- instruments certifying the acquisition or disposal by a single person of all shares
- if the shareholder is a foreign legal person, proof of its existence
Shares
The facts recorded in part of the share are evidenced by:
(a) the public offer of shares;
(b) a prospectus of a security or a narrow prospectus of a security approved by the Securities Commission;
(c) the public offer of securities;
(d) notarial minutes of the decision of the General Assembly to change the nominal value, type, form, form, merger and split-up of shares or other documents,
(e) subscription contract
Capital
The facts recorded in the share capital shall be evidenced by:
(a) a court order appointing an expert pursuant to Article 59 (3) of the Commercial Code;
(b) expert's opinion on the valuation of non-cash deposits;
(c) evidence of repayment of deposits within the meaning of Article 60 (2) and (4) of the Commercial Code;
(d) proof of payment of the capital;
(e) notarial registration certifying the adoption of a decision by the General Assembly to increase capital;
(f) a notarial record certifying the adoption of a decision by the General Assembly on the delegation of the Board of Directors under Section 210 of the Commercial Code,
(g) notarial registration certifying the adoption of a decision by the Board of Directors to increase capital pursuant to Article 210 of the Commercial Code,
(h) the subscription contract (s);
(i) the shareholder agreement under Section 205 of the Commercial Code;
(j) proof of repayment of the share issue rate in the event of increases in capital by both cash and non-cash deposits;
(k) confirmation by the auditor of the existence of a claim on the share issue rate, including a document proving the legal reason for the claim;
(l) the netting agreement;
(m) a notarial record certifying the adoption of a decision by the General Assembly to reduce the capital;
(n) proof of publication of the decision of the General Assembly on the reduction of capital pursuant to Article 215 of the Commercial Code,
(o) proof of compliance with the conditions laid down in Section 216a (1) of the Commercial Code
Right of redemption of participating securities
The application for registration of the right to purchase the participating securities of a public limited liability company under Section 183i and the following Commercial Code shall be accompanied by the following documents:
(a) a notarial record of the order of the general meeting of a public limited company under Section 183i of the Commercial Code,
(b) proof that the main shareholder has transferred funds to the bank or the securities dealer at the amount needed to pay the remuneration.
Other facts
Information, communications and suggestions to the Registry Court contained in part of the other facts. they are accompanied by documents only if, under a special law, this is mandatory or the appellant intends to do so voluntarily on his own initiative.
Spark plant or other organisational component
The facts recorded in the part of the fissile plant or other organisational component shall be documented:
(a) a decision to establish or abolish a fissile plant or other organisational component;
(b) a decision to appoint or withdraw or otherwise terminate the office of head of the fissile plant or other organisational body;
VII. Final part
Where a public limited company is represented by a lawyer, notary or other representative in a registration procedure, the following shall always be added:
- power of attorney; the signature (s) of the persons (s) who granted it on behalf of the public limited company must be officially verified.
Where other natural or legal persons are entered in the register within a public limited company, the applicant shall provide proof of:
(a) a written declaration giving the consent of the registered natural or legal person (s) to the registration or change of registration; the signature (s) on the declaration must be officially certified; or
(b) a public instrument giving the person's consent to register him.
If the applicant is a foreign person, the applicant must attach a communication on the delivery address in the Czech Republic or an agent for the receipt of documents with a delivery address in the Czech Republic.
Overview of annexes to Form 2 of the cooperative:
IV. Application for registration
Basic information
The facts recorded in the basic data section are evidenced by:
(a) a copy of the notarial record of the constituent meeting of the cooperative;
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Regulation Information
| Citation | Decree No. 250 / 2005 Coll., on binding forms for submission of applications for registration in the Commercial Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Commercial law
Trade Register
The regulation text is for informational purposes only.
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