Act No. 301 / 2008 Coll.
Law amending certain laws in connection with the adoption of the Electronic Act and the authorized conversion of documents
Valid
Law
Effective from 01.07.2009
301
THE LAW
of 17 July 2008
amending certain laws in connection with the adoption of the Electronic Act and the authorized conversion of documents
Parliament has decided on this law of the Czech Republic:
Amendment of the Administrative Charges Act
Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 217 / 2005 Coll., Act No. 228 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 235 / 2006 Coll., Act No. 545 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 48 / 2006 Coll., Act No. 56 / 2006 Coll., Act No. 226 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 130 / 2006 Coll.
1. In the Annex to the Graphic Code, under heading 4 of Part I, the current text becomes point (a) and the following points (b), (c) and (d) are added:
| „b) Provedení autorizované konverze dokumentů do elektronické podoby za každou i započatou stránku konvertované listiny | Kč | 30 |
| c) Provedení autorizované konverze dokumentů do listinné podoby za každou i započatou stránku konvertované listiny | Kč | 30 |
| d) Opětovné vydání přístupových údajů k datové schránce | Kč | 200“. |
2. The following points (e), (f) and (g) are added to point 151 of Part XII of the Annex to the Graper:
| „e) Provedení autorizované konverze dokumentů do elektronické podoby za každou i započatou stránku konvertované listiny | Kč | 100 |
| f) Provedení autorizované konverze dokumentů do listinné podoby za každou i započatou stránku konvertované listiny | Kč | 100 |
| g) Opětovné vydání přístupových údajů k datové schránce | Kč | 600“. |
Amendment to the Code of Criminal Procedure
In the first sentence of Paragraph 62 (1) of Act No 141 / 1961 Coll., on criminal proceedings, as amended by Act No 265 / 2001 Coll., the words "in data box 1b 'shall be inserted after the words" in criminal proceedings'. If the document cannot be served in this way, it shall be served by the law enforcement authority. ';
footnote 1b:
"1b) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 253 / 2005 Coll., Act No. 269 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 70 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll.
1. In Article 7 (1), "Article 74 (1) (b) 'is replaced by" Article 74 (1) (c)';
2. In Paragraph 56, the words "or through a public data network in data boxes 16a) 'shall be inserted after the words" their staff member'.
Footnote 16a reads:
"(16a) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
3. in Paragraph 74 (1), the following point (b) is inserted after point (a):
"(b) carry out an authorised conversion of documents in accordance with the specific legislation16a),"
Point (b) shall be renumbered (c).
Amendment to the Administrative Rules of Procedure
In § 42 (1) of Act No. 150 / 2002 Coll., the administrative court order, the words "in data box 8a) shall be inserted after the word" documents, "if it is not possible to deliver the document in this way, it shall be served by the court."
Footnote 8a reads:
"(8a) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
Amendment of insolvency law
Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 312 / 2006 Coll., Act No. 108 / 2007 Coll. and Act No. 296 / 2007 Coll., is amended as follows:
1. In Article 77 (1), the words "to be transmitted by the insolvency court 'shall be replaced by the words" to be served by the insolvency court in the data box of the insolvency administrator 16a). Where a document cannot be served in this way, the insolvency court shall transmit the document' and at the end of the paragraph the sentence "It may be served at another address or electronic address only if it is not possible to deliver to the data box. '
Footnote 16a reads:
"(16a) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
2. In Paragraph 78 (1), the words "and if it is not possible to deliver the document to the data box of the insolvency administrator 16a) 'shall be inserted after the words" to other natural persons'.
3. In Paragraph 79 (1), the word "transmitted 'shall be replaced by the words" delivered to the data box by its chairman (16a). If it is not possible to service the document in this way, it shall transmit the document'.
4. In Paragraph 79, at the end of paragraph 2, the sentence "To another address or e-mail address it may be delivered only if it cannot be delivered to a data box. '
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. 88 / 2003 Coll., Act No. 18 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 476 / 2002 Coll., Act No. 628 / 2004 Coll., Act No. 216 / 2005 Coll., Act No. 237 / 2004 Coll., Act No. 37 / 2004 Coll.
1. In Article 19 (a), the words ", by issuing extracts from the records of the Register of Penalties, by carrying out an authorized conversion of documents, by carrying out acts of the contact point in accordance with special legislation3a 'shall be inserted after the word" pledge'.
footnote 3a is replaced by the following:
"(3a) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
2. In Article 23, the words "by issuing extracts from the Register of Penalties, by carrying out an authorised conversion of documents and by carrying out the operations of the contact point in accordance with special legislature3a 'shall be added at the end of point (a).
3. In Paragraph 72, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) authorised conversion of documents.";
4. In Paragraph 72 (4), "(i) to (k) 'is replaced by" (i) to (l)';
5. in Article 72 (4), the words "Regulations (4a), (5)" shall be replaced by "Regulations (3a), (4a), (5)";
Amendment of the Verification Act
Act No. 21 / 2006 Coll., on the verification of the conformity of a copy or copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (the Law on Verification), as amended by Act No. 165 / 2006 Coll., is amended as follows:
1. In Article 1 (1), the dot at the end of point (e) is replaced by a comma and the following points (f) and (g) are added:
"(f) the holder of the postal licence;
(g) Chamber of Commerce of the Czech Republic. ';
2. In Article 2, at the end of point (a), the text "as well as the specimens of the official stamps of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic and the signatures of the employees of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic carrying out the vision and legalisation, including their amendments, shall be added."
3. In Section 2, at the end of point (b), the words "and the employees of the holder of the postal licence and of the Chamber of Commerce of the Czech Republic carrying out vision and legalisation (Section 14a (2)) 'are added.
4. In Article 4 (c) (2), the words "(employee) 'are deleted.
5. In Section 5 of the Introductory provision, the following text is added: "Municipal Office, Ústědní úzádní úří, the holder of the postal licence and the Chamber of Commerce of the Czech Republic."
6. In the second sentence of Article 6 (2), "neither the office of departure 'is replaced by", the office of departure, the holder of the postal licence nor the Chamber of Commerce of the Czech Republic'.
7. In Article 8 (g), the words "or staff member 'are replaced by the words" staff member in the office of departure, staff member of the postal licence holder or employee of the Chamber of Commerce of the Czech Republic'.
8. The following Section 14a is inserted after Section 14:
(1) Visitation and legalisation are carried out by the holder of the postal licence and the Chamber of Commerce of the Czech Republic by the employee who passed the exam.
(2) The content of the test shall be an oral verification of the knowledge of the legislation relating to vision and legalisation, the selected provisions of the legislation relating to administrative fees and administrative rules and the ability to apply them.
(3) The composition of the test shall be demonstrated by a certificate of completion issued by the Ministry in accordance with Paragraph 14 (3).
(4) If the staff member has failed the test, he may repeat the test twice. The re-examination may be carried out not earlier than 60 days and not later than 90 days after the date of the test in which the staff member failed. '
9. In the second sentence of Article 16 (5), the words "The Regional Office shall notify the Ministry of the Interior" shall be replaced by the words "The Regional Office, the holder of the postal licence and the Chamber of Commerce of the Czech Republic shall notify the Ministry."
10. In Article 19 (4), the words "the Office 'are replaced by the words" the Regional Office, the Regional Office of the Municipality with extended competence, the Municipal Office or the Ústí Office', the words "their 'are inserted after the words" for' and the words "the Office 'are deleted.
11. the following Section 19a is inserted after Section 19:
The holder of the postal licence and the Chamber of Commerce of the Czech Republic shall send to the Ministry, in two copies, changes to the designs of the official stamps and signatures of their staff performing the vision and legalisation within 5 working days of the date on which the changes occurred. A copy of the prints of the official stamps and signatures referred to in the first sentence shall be sent by the Ministry to the Ministry of Foreign Affairs. ';
Transitional provision
The holder of the postal licence and the Chamber of Commerce of the Czech Republic shall, within 30 days of the date of application of this Act, send two copies to the Ministry of the Interior of the designs of official stamps and the signatures of their staff performing the vision and legalization. A copy of the prints of the official stamps and signatures as described in the first sentence shall be sent by the Ministry of Interior to the Ministry of Foreign Affairs.
EFFECTIVE
This Act shall take effect on 1 July 2009.
Wolf
Klaus v. r.
v. Chunek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 301 / 2008 Coll., amending certain laws in connection with the adoption of the Act on Electronic Transaction and Authorised Conversion of Documents |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2008 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0