Act No. 300 / 2021 Coll.
Act amending Act No 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, and Act No 634 / 2004 Coll., on administrative fees, as amended
Valid
Law
Effective from 01.09.2021
Zobrazeno prvních 200 z celkem 257 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
300
THE LAW
of 22 July 2021
amending Act No 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, and Act No 634 / 2004 Coll., on administrative fees, as amended
Parliament has decided on this law of the Czech Republic:
Change of notarial order
Act No. 30 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 70 / 2006 Coll., Act No. 352 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 344 / 2004 Coll., Act No. 349 / 2004 Coll., Act No. 554 / 2004 Coll., Act No. 628 / 2004 Coll., Act No. 216 / 2004 Coll., Act No. 344 / 2004 Coll., Act No. 5 / 2004 Coll.
1. At the end of the text of § 4, the words "; this shall also apply to the making of entries in the register under a specific legislation 'shall be added.
2. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notaries under this Act shall be drawn up in paper form; If this law so provides, it may also be written in electronic form. Public documents drawn up by a notary under a specific legislation may be drawn up in paper or electronic form, except for the drawing up of public documents under the Act on certain measures against the legalisation of proceeds from crime and terrorist financing. '
3. In Article 11 (h), the words "or from the date of its appointment, if the promise was made before its appointment, 'shall be inserted after the word" promise'.
4. In Paragraph 14 (1), the words "the notarial chamber 'are replaced by the words" the notarial chamber of which it is a member' and the words "its share 'are replaced by the words" the representative's share'.
5. Paragraph 14 (2) to (5) reads as follows:
"(2) The notary chamber shall appoint a representative from among the candidates in the employment relationship with the notary, if not among the notaries based within the district of the district court, whose perimeter is the seat of the notary to whom the representative is appointed, or candidates from among them in the employment relationship, and if or if none of them or is not in agreement with their provisions under the third sentence to the provision of any candidate, then from among other notaries who are members of the notarial chamber. The appointment of a representative shall require his written consent. The appointment of a candidate representative shall also require the written consent of the notary with whom the candidate is in employment.
(3) The notary chamber shall appoint a representative to the notary without undue delay upon his proposal if it is submitted before the expiry of the period referred to in paragraph 1; if not submitted, it shall, on its own motion, know that the notary has not performed the notary's activities for the period referred to in paragraph 1.
(4) Where a notary has died or has been removed, the notary chamber of which he was a member or, in the case of the procedure referred to in paragraph 5, the Chamber shall appoint an alternate notary (hereinafter referred to as "the alternate ') for the period when the notary office is released. The replacement shall be established mutatis mutandis for the period of suspension of the activities of the notary in accordance with Section 10. The appointment of an alternate shall require his written consent.
(5) The alternate shall be appointed by the notary chamber of notaries established within the perimeter of the district court in whose district the seat of the vacant notary office is situated; if none of them agree with their provisions, from among other notaries who are members thereof. If no such notary agrees with its provision, he shall appoint an alternate of any notary of the Chamber. '
6. Paragraph 14 (6) and (7) are deleted.
7. In Paragraph 35a (1) of the Introductory Part of the provision, the words "the Collection of Documents' shall be inserted after the words" the pledges'.
8. In Paragraph 35a, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) Evidence of certified signatures. ';
9. In Paragraph 35a, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) When entering, amending or deleting data in the Register of Guards, Collection of Documents, Records and Lists referred to in paragraph 1, the Chamber and notaries shall use data held in the basic registers and, where appropriate, data held in the Agenda Information Systems. With the exception of the data entered in the Document Collection and the Record of Verified Signatures, the Chamber shall keep the data kept up to date according to the status kept in the basic registers.
(3) Data from basic registers and data from agenda information systems may also be used by notaries through an information system that manages, manages and operates the Chamber. "
Paragraphs 2 to 10 shall be renumbered paragraphs 4 to 12.
10. in § 35a (4), the words "The Collection of Documents," shall be inserted after the words "The Register of Deposits,";
11. in Articles 35a (4) and (11) and 109i (1), the words "the list or the register of collateral" shall be replaced by the words "the list, the register of collateral and the Collection of Documents."
12. In Paragraph 35a, the following paragraphs 10 and 11 are inserted after paragraph 9:
"(10) In the Regulation on the Registration of Verified Signatories of the Chamber, the Chamber shall provide in particular:
(a) the procedure and method of recording the data;
(b) the procedure and method of inspection of the register.
(11) The Comoros provides in particular in the Code on Collection of Documents
(a) the procedure and method for establishing the document and for writing, amending or deleting data on the document;
(b) what other information, in addition to that provided for in this Act, is recorded on the document;
(c) who shall enter the data referred to in points (a) and (b) in the Collection of Documents;
(d) the procedure and method of inspection for the Collection of Documents,
(e) the procedure and method for storing the deleted data. ';
Paragraphs 10 to 12 shall be renumbered paragraphs 12 to 14.
13. in Article 35a (12), the words "the collection of documents," the words "Article 35a (1) (a) and (d)" shall be replaced by the words "referred to in paragraph 1 (a), (d) and (e)" and the words "Article 35a (1)" shall be replaced by the words "referred to in paragraph 1."
14. in Article 35e (2), the word "residence" is replaced by the words "residence address (7), if not residence (hereinafter referred to as" residence ")."
footnote 7:
"7) Act No. 111 / 2009 Coll., on Basic Registers, as amended. '.
15. in § 35f (1) (c), § 80b (1) (g), § 80ga (2) (f) and § 94c (1) (d), the word "residence" is replaced by "residence."
16. in § 35j (3) (a), § 63 (1) (c), § 80b (1) (f), § 80ga (2) (e), § 80gc (2) (e), § 80gd (2) (f), § 82 (1) (b), § 83 (1) (a), § 84 (2) (b), § 86 (1) (a), § 94c (1) (b) and (c) (1) (b) and (c) "residence" shall be replaced by "residence."
17. The following Sections 35m to 35o, including the headings and footnotes No 8, are inserted after § 35l:
"Registration of certified signatures
(1) Where there is a legalisation of the handwritten signature, the following information shall be recorded in the register of certified signatures:
(a) the serial number allocated to the register;
(b) the name, surname, date of birth and residence of the person whose signature has been legalized;
(c) the number and type of the document proving the identity of the person referred to in (b) or any other means of proving his identity;
(d) an indication that the person referred to in point (b) of the Charter has signed, or that he or she has recognised the signature on the instrument as his or her own, before the notary;
(e) a brief description of the instrument with a legalised signature or signatures, including the number of copies of the instrument and, where appropriate, the number of legalised signatures of the same person on a single instrument;
(f) date of legalisation;
(g) the name, surname and function of the verifier.
(2) Where the electronic signature is recognised as own, the following information shall be recorded in the register of certified signatures:
(a) the serial number allocated to the register;
(b) the name, surname, date of birth and residence of the person whose signature has been legalized;
(c) the number and type of the document proving the identity of the person referred to in (b) or any other means of proving his identity;
(d) an indication that the person referred to in (b) has declared that the document itself has been signed by an electronic signature attached to it, which he recognises as his own,
(e) a brief indication of the document on which the signature has been legalized;
(f) date of legalisation;
(g) the name, surname and function of the verifier.
(3) After entering the serial number of the registration, the name and surname and date of birth of the person whose signature has been legalized, everyone can verify by remote access which notary in the Czech Republic has legalized the document or other document with legalized signature or signatures. The Rapid Response Code (QR code) may also be used for verification if the verification clause contains it.
Documents collection
(1) The Collection of Documents shall record and store:
(a) documents resulting from the transfer of notarial entries written in paper form to an electronic form, accompanied by a qualified electronic signature of the notary who has written the notarial entry;
(b) notaries written in electronic form;
(hereinafter referred to as "the documents deposited ').
(2) Each document stored shall be assigned a serial number at the time of its deposit and shall be marked on the notarial record.
(3) The documents stored are stored in the Document Collection to ensure their integrity, authenticity, integrity, authenticity, authenticity and credibility throughout their preservation. The collection of documents shall be kept and operated in such a way as to preserve the evidentiary value of the documents stored therein without requiring the renewal of the signature by the administrator.
(4) The document referred to in paragraph 1 (a) shall be stored in the File of Documents transferred to an electronic form by means of a scanning device and in machine-readable form for the text parts of the notarial registration.
(5) The document referred to in paragraph 1 (a), deposited in the Collection of Documents and showing a written notarial record, is considered to be a authentic instrument and is equivalent to a notarial entry drawn up in paper form. In the event of a discrepancy between the content of the notarial registration written in paper form and the content of the document referred to in paragraph 1 (a) deposited in the Collection of Documents, the content of the notarial registration written in paper form shall be decisive. If a notarial entry, written in paper form, was selected as an archive or if, on the basis of a selection of archives, it was destroyed in accordance with a special legislature8), the content of the document stored in the Collection of Documents is decisive. If a discrepancy has been contested or detected in accordance with the sentence of the second sentence prior to the destruction of a notarial entry written in paper form, the destruction may not be carried out.
(6) The collection of documents also contains a register of documents stored. The notary shall, on the date on which the notarial registration is drawn up, enter the document referred to in paragraph 1 (a) or the notarial registration referred to in paragraph 1 (b) and enter the following information in the register:
(a) the details of the participant referred to in Article 63 (1) (c) and, if not, the same details of the applicant;
(b) the date of the notarial registration;
(c) the subject matter of the action.
(7) The storage of the document in the File of Documents and the entry in the register referred to in paragraph 6 shall be carried out by electronic transmission of the data by secure communication.
(8) After entering the serial number of the collection and the date of writing the notarial registration, anyone may, by means of remote access, look up which notary in the Czech Republic has written the notarial registration and the data referred to in paragraph 6, not the notarial registration of the legal acts registered in the Death Notice. A rapid reaction code (QR code) may also be used for verification if a copy of the notarial entry contains it.
Verification of authentic acts in relation to abroad
(1) Public documents issued or authenticated by notaries shall be verified by the Chamber in accordance with the procedure laid down in the Convention on the abolition of the requirement for the verification of external authentic documents.
(2) The Chamber shall carry out the activity referred to in paragraph 1 at its registered office and at the registered offices referred to in Article 29 (1).
(3) The Chamber shall be remunerated for the activity referred to in paragraph 1. The amount of remuneration shall be determined by the Ministry by decree.
8) Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended. '
18. In Paragraph 37, at the end of paragraph 3, the dot is replaced by a comma and the following points (v) to (x) are added:
"(v) adopt a regulation on the registration of certified signatures,
(w) adopt a document collection rule;
(x) adopt a regulation on the verification of authentic acts in relation to abroad. ';
19. in Paragraph 37 (4), the text 'u)' is replaced by 'x';
20. In Article 45, at the end of the text of paragraph 1, the words "and according to § 35o 'shall be added.
21. in Article 51a (1) of the introductory part of the provision, the word "terrorism" shall be inserted after the words "and financing";
22. In Article 59 (2), the words "to be fulfilled 'shall be inserted after the words" time limits'.
23. In Article 59, the words "and this is without prejudice to the provisions of Article 61a (2) and (3) 'shall be added at the end of the text of paragraph 3.
24. The following Section 61a is inserted after Section 61, including footnote 9:
(1) The provisions of this Law governing notaries written in paper form shall apply mutatis mutandis to notaries written in electronic form and particulars thereof, unless otherwise specified in this Act.
(2) The notarial entry written in electronic form shall contain an indication that it has been written in electronic form and shall:
(a) instead of the notary's handwritten signature, his qualified electronic signature and a qualified electronic time stamp;
(b) instead of the handwritten signatures of participants or their representatives, witnesses, confidants, interpreters and other persons signing notarial registration under the provisions of this Act, their recognised electronic signatures (9).
(3) If the notarial entry is written in electronic form, an official stamp of the notary and the interpreter shall not be required.
(4
(a) an indication of the place of legal action, if it is a notarial record of legal action; or
(b) an indication of the place where the notarial registration is drawn up, if the notarial registration is drawn up in accordance with the provisions of Section 6 of Part Two.
(5) For notaries written in electronic form, the procedure laid down in Article 62 (2) is excluded.
(6) Paragraphs 2 and 3 shall apply mutatis mutandis to authentic instruments drawn up by a notary under specific legislation, if they are written in electronic form.
9) Paragraph 6 (2) of Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions. '.
25. in Article 63 (1) (d), the words "who are natural persons" shall be inserted after the words "participants."
26. After Paragraph 64, the following Section 64a is inserted:
(1) Proof of the identity of participants, witnesses to an act, confidences or interpreters and of the content of the will to be included in the notarial registration may be carried out without their physical presence, by means of a video conference, with the simultaneous use of electronic identification means.
(2) Only electronic identification devices which fulfil:
(a) the technical specifications, standards and procedures for a high level of guarantee laid down in a directly applicable European Union regulation governing minimum technical specifications, standards and procedures for the level of guarantee of electronic identifies10) and which is issued and used within a qualified system under the Electronic Identification Act (11); or
(b) the conditions under which an electronic identification device may be used for the purpose of demonstrating the identity required by law or enforcement outside the framework of a qualified system under the law governing the activities of the bank12).
(3) Proof of identity of witnesses in accordance with the procedure laid down in the first sentence of Paragraph 64 (1) and (2) shall be excluded.
10) Commission Implementing Regulation (EU) 2015 / 1502 of 8 September 2015 laying down the minimum technical specifications and procedures for the level of guarantee of electronic identification devices pursuant to Article 8 (3) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
11) Act No. 250 / 2017 Coll., on Electronic Identification.
12) § 38ac of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 49 / 2020 Coll. '
27. In Article 65, at the end of paragraph 2, the sentence "In the case of a notarial entry written in electronic form with the ability to sign by hand, the ability to attach its recognised electronic signature to a document shall be added. 9 '.
28. In Paragraph 70, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where notarial registration of a legal act is to be a basis for registration in a public register, it may also be written in electronic form. ';
29. in Article 70a (1) (b), "or" is replaced by "a."
30. In Section 74, the word "handheld 'is inserted after the word" authenticity'.
31. in Article 74 (1), the words "at the end of the first sentence shall be added; this shall be without prejudice to the procedure laid down in Article 74a."
32. in § 74 (2) (a) and (b):
'(a) the serial number assigned to the registration of certified signatures,
(b) the name, surname, date of birth and residence of the person with whom legalisation is carried out; ';
33. in Paragraph 74 (2) (c), the words "were the identity of the applicant" shall be replaced by the words "the identity of the person referred to in point (b) was."
34. in Paragraph 74 (2) (d), the words "the person" shall be replaced by the words "the person referred to in (b)."
35. In Paragraph 74, the following paragraph 3 is inserted after paragraph 2, including footnote 13:
"(3) At the request of a person whose signature is legalised, the verification clause shall also include an indication that that person is registered in the public register of legal and natural persons under special legislature13 as a member of the statutory body of a legal person authorised to represent the legal person, as well as the manner in which he acts as a legal person registered in such a public register. The legal person shall be identified in accordance with Paragraph 63 (1) (c).
13) Paragraph 1 (1) of Act No. 304 / 2013 Coll., on public registers of legal and natural persons and on the registration of trust funds. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
36. in Article 74 (5), the words "If not a notary" shall be replaced by "If not a notary or his worker."
37. In Paragraph 74, paragraph 6 is added:
"(6) At the request of the person whose signature is legalised, the notary shall also draw up a verification clause in one of the official languages of the Member State of the European Union where such a language is controlled by the notary or his staff. ';
38. The following Section 74a is inserted after Section 74:
Verification of authenticity of electronic signature
(1) Electronic signature may also be legalized. In that case, the verification clause shall be drawn up in electronic form and the stamp shall not be required. The verification clause shall be accompanied by a qualified electronic signature of the validator and shall be linked to the electronically signed document in such a way as to avoid a breach of the integrity of the document on which the electronic signature is legalized. Article 64 (1) and (3) and Article 64a shall apply mutatis mutandis to the procedure for proving the identity of the person whose electronic signature is legalised.
(2) A person whose signature is legalized in accordance with paragraph 1 shall declare, before the attaching of the verification clause, that the document itself has signed with the electronic signature attached thereto, which it recognises as its own. The verification clause shall include an indication that the declaration referred to in the first sentence has been made. Paragraph 74 (2) (a), (b), (c) and (e) and paragraphs 3 to 6 shall apply mutatis mutandis.
(3) The authenticity of the electronic signature shall not be verified if the notary is unable to display the contents of the electronically signed document due to the damage to the document, technical incompatibility or absence of the relevant software.
(4) The format and formalities of the document in electronic form for which legalisation may be carried out and the procedure for the implementation of legalisation on the document in electronic form shall be laid down in implementing legislation. "
39. In Paragraph 80a, the sentence "Notary notation may also be written in electronic form shall be added at the end of paragraph 1."
(40) In Article 80b (1), the words "or, where appropriate, an indication that it has been voted by an authority of a legal person using technical means" shall be added at the end of the text of point (e).
41. in Article 80b (1) (j), the word "decisive" and the word "decisive" shall be deleted;
42. In § 80ga, the following paragraph 4 is added:
"(4) The notarial record of consent to the proposed decision given outside the meeting of the legal entity may also be drawn up in electronic form."
43. In § 80gc, the following paragraph 3 is added:
"(3) The notarial minutes of the draft decision may also be drawn up in electronic form."
44. In § 80gd, the following paragraph 3 is added:
"(3) Notary writing on decisions per roll can also be written in electronic form."
45. In Paragraph 80h, the following paragraph 4 is inserted after paragraph 3:
"(4) The notarial registration of a certificate for registration in a public register may also be made in electronic form."
Paragraph 4 shall become paragraph 5.
46. In § 80h, the sentence "Notary registration of the requirements for the registration of trust funds may also be written in electronic form at the end of paragraph 5."
47. in Paragraph 86 (1) (a), the words "legal person" shall be inserted after the words "number";
48. In Article 90 (2), "§ 35a 'is replaced by" § 35b';
49. In Paragraph 90, the words "and this shall not apply in the case of notarial registrations written in electronic form 'shall be added at the end of the text of paragraph 3.
50. In Article 92, the following paragraph 3 is added:
"(3) Where there is a copy of a notarial entry written in electronic form, the endorsement shall also contain details of the name and surname of the persons who have electronically signed the notarial entry. ';
51. in Paragraph 101 (1), the words "wills or the sentence" shall be replaced by the words "legal proceedings in the event of death referred to in Article 35b (1) (a), with the exception of an inheritance contract, and in points (b) and (c)."
52. In Paragraph 101 (3) (f), the words "death proceedings" shall be inserted after the words "death proceedings" and the words "wills or sentences taken in their form" shall be deleted.
53. In Article 101 (6), the words "particulars of the will or sentence and of the customer 'are replaced by the words" all particulars of the instrument' and the part of the sentence after the semicolon, including the semicolon, is deleted.
54. In Paragraph 104, the sentence "Paragraph 14 (5) shall apply mutatis mutandis' shall be added at the end of paragraph 1.
55. In the 10th part of the heading of Section 1, the words "basic population register 'are replaced by the words" basic registers'.
56. In Section 109a of the Introductory Part of the Provisions and Section 109b (3) of the Introductory Part of the Provisions, the word "used 'shall be replaced by" and the notary or chamber shall be used for the purposes of the registration, modification or deletion of data from the Register of Securities, Documents, Records and Lists referred to in Section 35a (1)'.
57. In Paragraph 109a, the words "surname" shall be added at the end of the text of point (a).
58. In Paragraph 109a, at the end of point (f), the dot is replaced by a comma and the following points (g) to (i) are added:
'(g) the limitation of incapacity;
(h) family status or registered partnership;
(i) the serial number, the publisher and the validity of the qualified certificate for electronic signature. ';
59. The following Section 109aa is inserted after Section 109a:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 300 / 2021 Coll., amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, and Act No. 634 / 2004 Coll., on administrative fees, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.2021 |
|---|---|
| Effective from | 01.09.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Self-administration
Administrative law
The regulation text is for informational purposes only.
Comments 0