Act No 251 / 2023 Coll.
Law amending certain laws in connection with the adoption of the Public Auctions Act
Valid
Effective from 01.01.2025
Text versions:
01.01.2025
25.08.2023
251
THE LAW
of 13 July 2023
amending certain laws in connection with the adoption of the Public Auctions Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Annex No 2 LIABILITIES LIABILIVED for the business of "Implementation of voluntary auctioning of movable goods under the Public Auction Act ', the text in column 1 reads as follows:
"Implementation of public auctions with the exception of compulsory auctions *) '.
2. In Annex No 2 LIABILITIES LIABILIVED for the subject of business "Implementation of public auctions with the exception of forced auctions', the text in column 2 reads:
'(a) higher education,
(b) higher vocational training and 1 year of experience in auction or real estate activities;
(c) secondary education with a graduate examination and 2 years of experience in auction or real estate activities;
(d) a certificate of retraining or other evidence of professional qualifications for the relevant work activity issued by an establishment accredited under specific legislation, an establishment accredited by the Ministry of Education, Youth and Sports, or by the Ministry under whose jurisdiction the sector in which the business is carried out and 4 years of experience in an auction or real estate activity,
(e) the certificate of professional qualifications of the Auctioneer, the auctioneer under the Law on the Recognition of the Results of Further Education * *); or
(f) the documents referred to in Article 7 (5) (j), (k), (l) or (m) ';
3. In Annex No 2 LIABILITIES LIABILITIES LIABILIED on the subject of business "Implementation of public auctions with the exception of forced auctions', the text in column 3 reads:
"*) Act No. 250 / 2023 Coll., on Public Auctions
* *) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended. "
4. In Annex No 3 CONCESTED LIFE for the subject matter of business
"Implementation of public auctions
- voluntary
- involuntary "text in column 1 reads:
"Execution of forced auctions."
5. In Annex 3 TO CONCESTED LIFE for the business of "Implementation of forced auctions', the text in column 2 reads as follows:
"(a) higher education and 3 years of experience in auction or real estate activities;
(b) higher vocational education and 4 years of experience in auction or real estate activities;
(c) secondary education with a graduate examination and 5 years experience in auction or real estate activities;
(d) a certificate of retraining or other evidence of professional qualifications for the relevant work activity issued by an establishment accredited under specific legislation, an establishment accredited by the Ministry of Education, Youth and Sports, or by the Ministry under whose jurisdiction the sector in which the business is carried out and 6 years of experience in an auction or real estate activity,
(e) a certificate of acquisition of professional qualifications by an Auctioneer, an auctioneer under the Law on the Recognition of the Results of Continuing Education *); or
(f) the documents referred to in Article 7 (5) (j), (k), (l) or (m) ';
6. In Annex 3 to CONCESTED LIFE for the business of "Implementation of forced auctions', the text in column 5 reads as follows:
"§ 33 of Act No. 250 / 2023 Coll., on Public Auctions
*) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended. "
Transitional provisions
1. An entrepreneur who, on the date of the entry into force of this Act, has maintained the business licence for the "Implementation of public auctions - voluntary - non-voluntary" to the full extent provided for in Annex 3 to Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, shall be entitled, as from the date of entry into force of this Act, to conduct a tied business "Implementation of public auctions," with the exception of the "Implementation of forced auctions" and the "Implementation of forced auctions" under Annexes 2 and 3 to Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act. The amendment of the decision to grant the concession shall be made by the business office at the request of the entrepreneur or at the first change of the data notified by the entrepreneur pursuant to § 56 of Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
2. An entrepreneur who, on the date of the entry into force of this Act, took the commercial right to operate the business "Implementation of public auctions - voluntary - non-voluntary 'in the partial scope of the business" Implementation of public auctions - non-voluntary' in accordance with Annex 3 to Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, shall be entitled to operate the linked business "Implementation of public auctions' in the version of Act No. 455 / 1991 Coll. The amendment of the decision to grant the concession shall be made by the business office at the request of the entrepreneur or at the first change of the data notified by the entrepreneur pursuant to § 56 of Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
3. An entrepreneur who, on the date of the entry into force of this Act, took the business authorisation to operate the business "Implementation of public auctions - voluntary - involuntary" in the partial scope of the business "Implementation of public auctions of voluntary" in accordance with Annex 3 to Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, shall be entitled to operate the linked business "Implementation of public auctions, except for forced auctions" in accordance with Annex 2 to Act No. 455 / 1991 Coll., as effective from the date of entry into force of the act.
4. An entrepreneur who, on the date of the entry into force of this Act, had the business licence to operate the business "Implementation of the voluntary auctions of movable goods under the Act on Public Auctions', pursuant to Annex 2 to Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, shall be entitled to operate the tied business" Implementation of public auctions except for forced auctions' as defined in Annex 2 to Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
5. The Trade Office shall record the change of data in the Trade Register referred to in points 1 to 4 no later than 3 months after the entry into force of this Act.
6. Acts carried out under points 1 and 2 shall not be subject to an administrative fee.
Amendment of the Real Estate Tax Act
In Section 13a of Act No. 338 / 1992 Coll., on Real Estate Tax, as amended by Act No. 23 / 2015 Coll., paragraph 12 reads:
"(12) Where, by 31 December of the tax year, the owner of the immovable property sold at auction has not exceeded the right, the taxpayer shall be obliged to submit the tax return no later than the end of the third calendar month immediately following the end of the calendar month in which the conditions for the acquisition of the property property right auctioned at auction by the auctioneer or overseer have been fulfilled. ';
Transitional provision
For taxes on real estate tax incurred in connection with the auctioning of immovable property pursuant to Act No. 26 / 2000 Coll., on public auctions, as effective before the date of entry into force of this Act, as well as for the rights and obligations relating thereto, Act No. 338 / 1992 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment of the Value Added Tax Act
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. in Article 21 (1) (a), the words "under Article 13 (1)" shall be replaced by the words "these goods, or";
2. Paragraph 21 (1) (b), including footnote 16, is deleted.
Point (c) shall be renumbered (b).
Transitional provision
For the tax liability on value added tax incurred in connection with the auction pursuant to Act No. 26 / 2000 Coll., on public auctions, as effective before the date of entry into force of this Act, as well as for the rights and obligations relating thereto, Act No. 235 / 2004 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment to the Capital Market Enterprise Act
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20, Act No. 20 / 2011,
1. In Paragraph 33 (2) and (10), the word "reasonably 'is deleted.
2. In Paragraph 33, at the end of the text of paragraph 2, the words "or, if the nature of the case does not result otherwise 'shall be added.
3. Paragraph 33 (5) and (6) read:
"(5) In the case of the forced auction of investment securities, the auctioneer shall ensure that the subject of the forced auction is valued at the usual price. If the invoicing price of the object of the forced auction exceeds CZK 100,000, the usual price must be determined by an expert opinion. The auctioneer shall publish this expert opinion or, if the price of the subject of the compulsory auction does not exceed CZK 100 000, another proof of valuation on his website for at least one year. The auctioneer of securities will also send an auction order containing the usual price of the subject of the compulsory auction within the time limits laid down by the law governing public auctions to the Czech National Bank.
(6) Where the public auction of securities is the subject of a book-entry security, the holder of the securities register shall register the transfer of ownership of the book-entry security to an auctioneer on the basis of a confirmation of the conclusion of the purchase contract by means of a letter from the auctioneer or auctioneer. In the case of a security per line, the auctioneer shall indicate on the security the transfer of ownership to the auctioneer. Paragraphs 1103 and 1104 of the Civil Code, with the exception of the second sentence of Paragraph 1103 (2), shall not apply. ';
4. In Article 33 (7), the words "securities" shall be inserted after the words "papers, auctioneer."
5. In Paragraph 33 (8), the words "Involuntary public 'are replaced by the words" Forced'.
6. In Paragraph 33 (9), the introductory part of the provision reads: "The Czech National Bank shall send the following information on the auctioneer to the Ministry of Regional Development for publication in the central register of public auctions: '.
7. In Paragraph 33 (9) (b), "a 'is replaced by a comma.
8. in § 33 (9) (c):
"(c) the date on which the authorisation is issued to organise public auctions of securities;"
9. In Paragraph 33, the following points (d) and (e) are added at the end of paragraph 9:
"(d) the date of suspension of the authorisation to organise public auctions of securities and its duration; and
(e) the date of expiry of the authorisation to organise public securities auctions. ';
Transitional provisions
1. Public auctions and re-auctions of securities or other investment vehicles under an auction or re-auction contract concluded before the date of entry into force of this Act shall be completed in accordance with Article 33 of Act No. 256 / 2004 Coll., as effective before the date of entry into force of this Act, and under Act No. 26 / 2000 Coll., on public auctions, as effective before the date of entry into force of this Act.
2. Article 33 of Act No. 256 / 2004 Coll., as effective before the date of entry into force of the Act, and Act No. 26 / 2000 Coll., on public auctions, as effective before the date of entry into force of the Act, shall apply to the rights and obligations relating to the public auction and to the re-auction concluded before the date of entry into force of this Act.
Amendment of the cadastral law
In Article 23 (1) (j) of Act No. 256 / 2013 Coll., on the Land Register (cadastral law), the words "auctions involuntary 'are replaced by the words" forced auctions'.
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. 251 / 2023 Coll., amending certain laws in connection with the adoption of the Act on Public Auctions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.08.2023 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 361
Public Contracts 1
CES 6584 - Smlouva o dílo k veřejné zakázce "Centrální evidence veřejných dražeb"
Ministerstvo pro místní rozvoj
OMAX Holding s.r.o.
3 049 200 CZK
01.07.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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