Act No. 284 / 2004 Coll.
Act amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, and certain other laws
Valid
Law
Effective from 01.09.2004
284
THE LAW
of 8 April 2004
amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Tax Advice Act and the Chamber of Tax Advisers of the Czech Republic
In Article 6 of Act No. 523 / 1992 Coll., on Tax Advice and the Chamber of Tax Advisers of the Czech Republic, the sentence "Failure to confidentiality is not a violation of obligations to the relevant organisational component of the Ministry of Finance under a special legislation. 3a) '.
footnote 3a is replaced by the following:
"3a) Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended."
Amendment of the Enforcement Order
In § 31 of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Regulations) and amending other laws, the sentence "The failure to disclose is not a breach of the obligation to comply with obligations to the relevant organisational component of the Ministry of Finance under a special law is added at the end of paragraph 7. 4a) '.
footnote 4a is replaced by the following:
"(4a) Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended."
Amendment to the Lawyer Act
Act No. 85 / 1996 Coll., on Advocacy, as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., the Constitutional Court found under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll. and Act No. 237 / 2004 Coll., is amended as follows:
1. In Paragraph 7 (1), "the amount of CZK 5,000 'is replaced by" 1.4 times the minimum monthly wage'.
2. In Paragraph 21, at the end of paragraph 7, the sentence "Non-compliance is not a breach of the obligation of confidentiality. 10a) 'is added.
Footnote 10a) reads as follows:
"10a) Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended. '
3. The following Sections 25a and 25b are inserted after Section 25:
(1) The lawyer is entitled to replace the official verification of the signature required by the specific legislation by his declaration of the same effect, provided that the lawyer himself has drawn up the document and that the person in question has signed it in his own hands before the lawyer (hereinafter referred to as "the declaration of authenticity of the signature").
(2) The declaration of authenticity of the signature shall be drawn up on a document or on a document firmly attached to it and shall contain:
(a) the normal number of the book on declarations of authenticity,
(b) the name, surname, place of residence and, where applicable, the place of residence of the person in question and its birth number; if the birth number cannot be ascertained or the birth number is not, the declaration of authenticity of the signature must contain the date of birth of the person in question,
(c) an indication of how the identity of the person concerned has been established;
(d) a statement by the lawyer that the instrument has been drawn up by him;
(e) the date and place where the declaration of authenticity of the signature was made by the lawyer;
(f) the name and surname of the lawyer, his registration number as entered in the list of lawyers and his signature.
(3) The lawyer is obliged to submit to the Chamber before the first declaration of authenticity of the signature, a specimen of his signature, which must be officially verified; the official verification of the signature of the lawyer cannot be replaced by a declaration of authenticity.
(4) The lawyer shall keep a record of all statements of authenticity made by him in the form of a book of statements of authenticity, which he shall issue to the lawyer in return for payment of the Comoros.
(5) Details of the obligations of the lawyer under the preceding paragraphs shall be laid down in the rules of procedure.
The lawyer shall lend the relevant volume of the book on the statements of authenticity of the signature and, where appropriate, allow the copy or extract of that volume to be obtained from the Chamber, the Ministry of Finance in the exercise of its powers under specific legislation on measures against the legalisation of the proceeds of crime, 10a) the court, the criminal authority or the expert appointed in the proceedings before a State or other authority, unless the expert can give an expert opinion without knowledge. ';
4. In Paragraph 32 (2), the words "or special 'shall be inserted after the words" by this'.
5. In Paragraph 40 (1), the words "and with a branch in Brno 'shall be added at the end of the sentence.
6. Paragraph 46 (4) reads as follows:
"(4) It is for the Board of Supervisors to supervise compliance with this law, with specific legislation, including specific legislation on measures against the legalisation of proceeds from crime, 10a) in so far as they relate to the conduct of the Bar or to the activities of the Chamber, as well as the State Regulations, other bodies of the Chamber, employees of the Chamber, lawyers, European lawyers and lawyers. Advocates, European lawyers and lawyers shall be required to submit to the members of the Board of Supervisors any documents or other documents which they require in connection with the provision of legal services or, if this is not possible, to allow the members of the Board of Supervisors access to them; The other authorities of the Chamber and the staff of the Chamber have the same obligation as regards documents or other documents arising from their activities. ';
7. in Paragraph 46, the following paragraph 5 is inserted after paragraph 4:
"(5) The Board of Supervisors shall accept notification from lawyers in accordance with special legislation, 10a) ensure compliance with the legislation and transmission of the relevant organisational file of the Ministry of Finance. The procedure of the lawyer and the Board of Supervisors in this activity shall be laid down in the State Code. ';
Paragraph 5 shall become paragraph 6.
8. In the second sentence of Article 54 (1), (2) and (3), the words "at least in Brno and Prague 'shall be inserted after the words" perform'.
9. The following heading is inserted above Paragraph 56: "The administration of foreign property by a lawyer '.
10. The following Section 56a is inserted after Section 56:
(1) A lawyer is required to deposit money, securities or other property accepted by a lawyer into a special account with a bank or with another person authorised under special legislation to receive deposits or to manage securities or other assets.
(2) The client shall pay the lawyer the costs of managing the assets referred to in paragraph 1.
(3) The property management contract, a copy of the documents submitted by the client, the power of attorney granted to him by the client, or any other documents arising from the management of the property under the preceding paragraphs, shall be kept by the lawyer for a period of 10 years from the end of the proceedings.
(4) Details of the obligations of the lawyer under the preceding paragraphs shall be laid down in the Staff Regulations. "
Change of notarial order
Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 82 / 1998 Coll., Act No. 30 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 317 / 2001 Coll., Act No. 352 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 6 / 2002 Coll., Fact of the Constitutional Court, Act No. 349 / 2002 Coll., Act No. 476 / 2002 Coll., Act No. 88 / 2003 Coll., Act No. 18 / 2004 Coll., and Act No. 237 / 2004 Coll., is amended as follows:
1. In Article 48 (1), the words "or special 'shall be inserted after the words" by this'.
2. Paragraph 56, including footnote 4a, reads:
(1) The notary is obliged to maintain confidentiality of all the facts which he has learned about the notarial activity referred to in § 2 and other activities referred to in § 3 (1) and (2) and which may affect legitimate interests
(a) the party to the legal act on which the notarial registration has been drawn up;
(b) he whose declaration or decision has been certified;
(c) he whose signature has been verified;
(d) those at whose request a legally significant fact has been certified;
(e) the client in the case of other activities pursuant to Section 3;
or the legal successors of such persons (hereinafter referred to as "confidentiality obligation ').
(2) Only the persons referred to in paragraph 1 may waive the obligation of confidentiality.
(3) The obligation of confidentiality shall also apply to a notary who has been revoked.
(4) The duty of confidentiality cannot be invoked by the notary in disciplinary proceedings as well as against the plaintiff at the time of preparation of the disciplinary action. A notary shall not be bound by the obligation of confidentiality to the extent necessary for proceedings before a court or other authority, where the dispute between him and the person who may relieve the notary of confidentiality is the subject of proceedings, or where an appeal against the decision of the disciplinary panel is pending, to the extent necessary to protect his rights.
(5) The obligation of confidentiality shall be without prejudice to the statutory obligation to prevent the commission of a criminal offence and to the obligations laid down by specific provisions on the administration of taxes and charges.
(6) An infringement of the obligation of confidentiality shall not constitute an infringement of obligations to the relevant organisational component of the Ministry of Finance under a specific legislation. (4a)
(7) The obligation of confidentiality shall apply mutatis mutandis to the staff of the notary and of the staff of the notary chamber and of the Chamber, even after their employment has ceased; does not apply to notaries and their workers in relation to each other.
4a) Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended. '
3. In Part Six, the heading of the Fifth Section reads: "Notary custody '.
4. In Paragraph 81, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Money and documents accepted into notarial custody for the purpose of issuing them to other persons may also be accepted for the purpose of ensuring an undertaking."
5.
(1) Money may be transferred to notarial storage only upon request, which must include:
(a) the name, registered office and, where appropriate, the identification number of the legal person and the name, surname, birth number or date of birth and residence of the natural person acting on his behalf or on his name, surname or surname, surname or date of residence, surname of the natural person acting on his behalf or on his surname, surname, birth number or date of birth or place of residence (hereinafter referred to as "identification details"), who is to transfer the money to the notarial custody (hereinafter referred to as "the Complicator") and to be issued (hereinafter referred to as "the consignee");
(b) the amount of the cash amount and the currency unit of the money to be transferred to the notarial custody;
(c) an indication of the obligation to be guaranteed if the money is to be transferred to notarial storage in order to ensure the commitment.
(2) If the notary is not asked to take the money into custody in writing or by electronic transmission of the data, he shall, in the presence of the applicant, record in duplicate and issue a copy to the applicant.
(3) The transfer of money shall mean the composition of the funds into a special account with a bank, marked "notarial custody ', the owner of which is a notary, (hereinafter referred to as" special account') or their transfer into a special account with a cash transfer. In another way, money cannot be passed to the notary. If there is no reason to refuse such an action, the notary shall notify the applicant of the name of the special account and, where appropriate, indicate it in the application record.
(1) The notary shall accept the funds in his special account when he / she becomes aware of the fact that the money has been deposited or transferred to his / her special account, in the notarial custody, with the participation of a complex person; the notarial storage protocol shall contain:
(a) the name and surname of the notary and his seat;
(b) identification of the complexity and the recipient and how the notary's identity and, where appropriate, his representative has been verified by the notary;
(c) an indication of the amount of the monetary amount and the monetary unit;
(d) an indication that the notary accepted the money into the notary's custody,
(e) the time limit laid down by the payee's complex for the issue of the money and, where appropriate, the conditions laid down by the payee's complex for the issue of the money;
(f) the identification of the account with the bank to which the money is to be issued to the payee by means of a cash transfer from the special account,
(g) the name of the account with the bank to which the money is to be returned, where appropriate, by means of a cash transfer from the special account to the processor;
(h) the time of drawing up the protocol;
(i) the signature of the processor, the signature of the notary and the imprint of his official stamp.
(2) Where the money is to be transferred to a notarial storage facility for the purpose of ensuring the obligation, the notarial storage protocol shall also be obtained with the participation of the beneficiary and shall contain, outside the formalities referred to in paragraph 1 (b). (a) to (d) and (f) to (i)
(a) an indication that the money is transferred to a notarial storage for the purpose of ensuring the commitment, the designation of the undertaking and the fact on which the commitment is based;
(b) details of under which conditions and time limits the money is to be issued to the beneficiary or, where appropriate, returned to the Complainant (hereinafter referred to as "data relating to the issue of money from notarial storage") or, where applicable, the period for which the notarial storage obligation is guaranteed;
(c) the signature of the consignee or his representative and an indication of how the consignee or his representative's identity has been verified by the notary.
(3) The notarial safekeeping protocol referred to in paragraph 1 shall be drawn up in duplicate, one copy being issued by the notary to the complexity. The record-keeping protocol referred to in paragraph 2 shall be drawn up in triplicate; one copy shall be issued by the notary to the complexity and the consignee.
(1) The notary shall issue to the recipient the money from the notarial deposit by means of a cash-free transfer to the account or accounts indicated in the notarial safekeeping protocol within the prescribed period and after the conditions have been met. The notary works similarly if the money is to be returned to the complexity. If it was not possible for the payee to issue money for such an account and if the payee did not designate a notary at the request of the notary within the time limit specified in the notice in writing with his officially certified signature or in the addendum to the notarial safekeeping protocol, the notary shall issue the money from the notarial safekeeping to the complexity in the specified manner.
(2) If money is to be issued to a complex and it is not possible to issue it to an account indicated in the notarial safekeeping protocol, the notary will issue the money to the complex in a manner agreed with the complex. If a complex person refuses to take over the money, he shall be deemed to be late against a notary and the notary shall deposit the money in custody in a court of law in accordance with a special law.
(3) The notary shall inform both the recipient and the complexity of the issue of the money.
(4) If we do not accept the notary's safekeeping, he will return the money to the complexity.
(1) Until the date of issue of the money from the notarial safekeeping of the payee belongs to the notarial safekeeping of the payee, and the time of issue is the moment when the amount of money was credited to the account of the payee in accordance with the procedure laid down in Paragraph 87, unless otherwise provided in the notarial safekeeping protocol.
(2) Where the money is transferred to a notarial storage facility for the purpose of ensuring the obligation, the notary may not, in a procedure according to the content of the notarial safekeeping protocol, issue the money to the payee without the consent of the payee, if the time limit for fulfilling the conditions laid down for the issue of the money to the payee has been fulfilled or if the time limit for issuing the money to the payee or, where appropriate, the time limit for which the notarial safekeeping has been agreed, unless the fact referred to in Article 87 (1) on which the money is to be made available to the payee. ';
6. In Paragraph 95, the following sentence is added at the end of paragraph 2: "In the exercise of this authorisation by those to whom the notary is obliged to lend files under Paragraph 96, the notary does not detect compliance with the conditions set out in the first sentence. Those to whom a notary is obliged to lend files pursuant to § 96 may also consult and make copies and extracts of notaries' notaries' documents relating to the notarial activity, in particular the relevant volume of the verification book. '
7. In the first sentence of Paragraph 96, the words "and evidence tools, in particular the relevant volume of the verification book, 'shall be inserted after the word" files'.
Amendment of the Commercial Offices Act
Act No. 570 / 1991 Coll., on Trade Unions, as amended by Act No. 286 / 1995 Coll., Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
In Article 6, the sentence "Non-compliance is not a breach of confidentiality in respect of the relevant organisational component of the Ministry of Finance under the special legislature.7) 'is added at the end of paragraph 2.
footnote 7 is replaced by the following:
"7) Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended."
EFFECTIVE
This Law shall take effect on the first day of the fourth month following its publication, with the exception of the provisions of Article VIII (3), (5) and (8), which shall become effective on 1 January 2005.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 284 / 2004 Coll., amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.05.2004 |
|---|---|
| Effective from | 01.09.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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