Decree No. 312 / 2007 Coll.
Ordinance on the content and other formalities of insolvency practitioners' examinations
Valid
Order
Effective from 01.01.2008
312
DECLARATION
of 22 November 2007
on the content and other requirements of insolvency practitioners' examinations
In agreement with the Czech National Bank, the Ministry of Justice provides, pursuant to § 37 paragraphs 1 and 2 of Act No. 312 / 2006 Coll., on Insolvency Managers (hereinafter "the Act"):
Subject matter
This decree regulates the content and other requirements of the insolvency practitioner's examination (hereinafter referred to as the "test ') and the special examinations of the insolvency administrator.
The provisions of this Order on the content and other requirements of the test shall also be applied to the special examinations of the insolvency administrator, unless otherwise provided for by the law or by this Decree.
Test content
(1) The test shall consist of a written and oral part; the special test of the insolvency practitioner shall consist only of an oral part.
(2) In order to verify the knowledge of the applicant needed to perform the function of the insolvency administrator, knowledge from the area shall be obtained during the test.
(a) civil, commercial and labour law;
(b) civil law,
(c) insolvency law;
(d) administrative law, including administrative procedure;
(e) financial law, including tax proceedings;
(f) management of the undertaking; and
(g) the accounting and financing of the undertaking.
(3) In the test, the knowledge of the applicant from the areas referred to in paragraph 2 (a), (b), (d) and (e) shall be examined to the extent necessary for insolvency proceedings and knowledge from the areas referred to in paragraph 2 (f) and (g) shall be examined to the extent necessary for the management of the debtor's assets not referred to in Article 3 (2) of the Act.
(4) In the special test of the insolvency administrator, knowledge from the area shall be collected for the purpose of examining the knowledge of the applicant needed to perform the function of the insolvency administrator of the debtor referred to in Article 3 (2) of the Act.
(a) principles and functioning of the financial market;
(b) organisation of the undertaking and legal regulation of the debtor referred to in Article 3 (2) of the Act;
(c) investment instruments, trading and other management of such instruments;
(d) the rules governing the insolvency administrator's obligations in the event of the insolvency of the debtor referred to in Article 3 (2) of the Act;
(e) insolvency law, civil and commercial law;
(f) management of the undertaking; and
(g) the accounting and financing of the undertaking.
(5) In the special test of the insolvency administrator, the knowledge of the applicant from the areas referred to in paragraph 4 (e) shall be examined to the extent necessary for insolvency proceedings in respect of the debtor referred to in Article 3 (2) of the law and the knowledge from the areas referred to in paragraph 4 (f) and (g) shall be examined to the extent necessary for the management of the debtor's assets referred to in Article 3 (2) of the law.
Application for a test to be carried out, for a repeat test to be carried out, for a different date or other replacement date to be set
(1) The applicant shall indicate in the application:
(a) the name and, where appropriate, the name and surname;
(b) the birth number or, if the birth number has not been assigned, the date of birth;
(c) the address of the permanent residence and, if not, the address of the residence;
(d) the address for service of documents, if different from the address of the permanent residence or the address of the residence or, where appropriate, the electronic address for service of documents;
(e) the type of test required;
(f) in the case of a request for a special examination by an insolvency administrator, the registration number of the certificate of execution of the insolvency administrator's examination or the reference number of the decision on recognition of the professional qualifications of the insolvency administrator;
(g) consent to the processing of personal data for the purposes of the test and for the purposes of the authorisation to carry out the activities of the insolvency administrator or special authorisation to carry out the activities of the insolvency administrator; and
(h) date and signature.
(2) The applicant shall attach to the application for the examination:
(a) proof of the educational attainment;
(b) documents proving professional experience in accordance with § 4a; and
(c) proof of payment of the fee required by the law.
(3) The applicant shall attach to the application for a repeat of the examination proof of payment of the fee required by law.
(4) The applicant shall add to the application for a different deadline or alternative deadline:
(a) a document proving the reason for not participating in the test; and
(b) proof of payment of the fee required by law.
(5) An application to which the tenderer does not attach the document provided for in paragraphs 2 to 4 shall not be taken into account.
Method of proving professional experience
(1) The applicant for the examination shall provide evidence of the professional experience required by law of documents certifying the form, content and duration of the professional experience.
(2) Professional practice completed more than 10 years before the date of application for the examination is not included in the professional practice required by law.
Withdrawal
(1) If the tenderer withdraws an application for a test or a special test of the insolvency administrator, the admission fee or special test of the insolvency administrator shall not be refunded.
(2) The application for the examination may be withdrawn by the tenderer at the latest before the beginning of the written part of the examination; the application for the special examination of the insolvency administrator may be withdrawn by the tenderer not later than before the start of the special examination of the insolvency administrator.
(1) An invitation to the examination shall be sent by the Ministry of Justice (hereinafter referred to as "Ministry") to the tenderer no later than 4 weeks before the date of the written examination. The Ministry shall inform the applicant on its website of the date, time and place of the oral part of the examination no later than 3 weeks before the date of the oral part of the examination.
(2) An invitation to the special examination of the insolvency administrator and an invitation to the oral part of the examination shall be sent by the Ministry to the applicant no later than 3 weeks before the date of the examination, either on the basis of a request for a repeat examination or at another date set in accordance with Article 11, indicating the date, time and place of the oral part of the examination.
Test panel for tests
(1) The test committee shall be five members. The members of the Examination Board shall be appointed and removed by the Minister of Justice. The members of the examination committee must have completed their higher education in a master's degree in economics or law.
(2) A quorum shall be available if at least three members are present.
(3) The examination committee shall act by an absolute majority of its members; in the event of a tie, the chairman's vote shall be decided.
(4) The Chairman of the Examination Committee shall be appointed by the Minister of Justice.
(5) The Chairman of the Examination Board and, in his absence, a member of the Examination Board shall manage the course of the examination.
Test panel for special tests of insolvency administrators
(1) The panel for the special examinations of insolvency administrators is eight members and is permanent. The members of the examination committee are appointed and removed by the Minister of Justice, of which two members in agreement with the Governor of the Czech National Bank. The members of the examination committee must have completed their higher education in a master's degree in economics or law.
(2) A quorum shall be available if at least five of its members are present.
(3) The examination committee shall act by an absolute majority of its members; in the event of a tie, the chairman's vote shall be decided.
(4) The President of the Examination Board shall be appointed and removed by the Minister of Justice.
(5) The Chairman of the Examination Board and, in his absence, a member of the Examination Board shall manage the course of the examination.
(6) During the special examination of the insolvency administrator, the applicant may, with the agreement of the chairman of the panel, consult the aids referred to in Article 9 (4).
Interpretation of the members of the test committee
(1) Members of the Examination Board are required to communicate to the Ministry, at the latest before the start of the examination, facts which could lead to doubts as to the unbiased nature of the members of the Examination Board in relation to the candidate.
(2) Candidates have the right to object to bias with the members of the examination committee at the latest before the beginning of the examination; they must be instructed by the Chairman of the Examination Committee. The objection of bias raised shall not prevent the test from being carried out.
(3) A written statement of the objection of bias referred to in paragraph 2 shall be sent by the tenderer to the Ministry no later than 10 days after the date of the examination, including an indication of the member of the examination committee against which the objection of bias is directed and of the evidence evidencing the alleged bias. The objection of bias raised, which has not been duly and in a timely manner justified, shall not be taken into account.
(4) Within five working days of its receipt, the Ministry shall examine the objection duly and in a timely manner, and shall at the same time send the tenderers a notification of the manner in which the objection was lodged. If the objection of bias is justified, the assessment of the test shall not be taken into account and the Ministry shall allow the candidate to carry out the test within the next replacement period; a member of the examination committee shall not be the person whose bias has been objected.
Common provisions for the written and oral part of the test
(1) The test is in Czech.
(2) Before the start of each part of the test, the tenderer shall demonstrate his identity.
(3) If, during the written or oral part of the examination, the candidate withdraws from the examination, the degree of failure shall be assessed.
(4) The candidate is obliged to work independently during the test. A candidate who has been in breach of his / her obligation to work alone or otherwise cancel the course of the test may be excluded from the test. If the candidate has been excluded from the test, he or she has failed.
Written part of the test
(1) The written part of the test will take place in the form of a test and case study.
(2) The written part of the test lasts a maximum of 6 hours. No later than the end of this period, the applicant is obliged to submit the written work, even if it is not completed.
(3) The written part of the examination is not public.
(4) During the written part of the examination, the applicant may use the text of the legislation and the calculator as an aid.
(5) A case study will only be evaluated if at least 80% of the test questions are answered correctly.
(6) The applicant has successfully completed the written part of the test if the overall evaluation of the case study, determined as an arithmetic average of the percentage evaluations of the case study of both members of the case study evaluation committee, has reached at least 80%. If the overall assessment of a case study has not reached at least 80% and at the same time one member of the case study evaluation committee has assessed the case study carried out at least 80%, the case study shall be submitted to the examination panel which shall assess, within 5 weeks of the date of the written examination, whether the candidate has carried out the written part of the test. If the candidate failed the written part of the test, the test part shall always be repeated in the repeat.
(7) The Ministry shall inform the applicant of the outcome of the written part of the examination on its website.
Commission for Evaluation of Case Studies
(1) The Commission for the Evaluation of Case Studies is two members. The members of the Commission shall be appointed and removed by the Minister for Justice. Members of the Commission must have completed their higher education in a master's degree in economics or law.
(2) In assessing the case study, each member of the commission shall assess the level of resolution of the given problem or model situation, the ability to apply the basic principles and provisions of the insolvency law and the knowledge needed to perform the function of the insolvency administrator referred to in Article 3 (2) and the manner of written speech of the tenderer.
(3) The members of the Commission shall carry out an evaluation of the case study separately.
(4) The members of the Commission shall prepare an assessment for the case study evaluated, which shall include the identification of the case study, the subject of the case study, the brief assessment of the case study, the percentage assessment of the case study, the date of the assessment and the name and surname of the member of the commission. The panel members shall send the opinion to the Ministry no later than 1 week after the date of the written part of the examination.
Oral part of the test
(1) The oral part of the examination may be carried out only by the tenderer who successfully completed the written part of the examination.
(2) The oral part of the examination shall be held no later than 5 weeks after the date of the written part of the examination or 5 weeks after the date of the assessment referred to in the second sentence of Paragraph 9 (6).
(3) The oral part of the test lasts a maximum of 2 hours.
(4) The oral part of the examination shall be public.
(5) The examination committee shall decide on the outcome of the oral part of the examination on the basis of a non-public consultation as a rule immediately after the oral part of the examination has been completed.
Non-participation in the test
(1) If the candidate does not duly and in due time excuse his non-participation in the test, he shall fail in the grade.
(2) If, for serious reasons, a candidate cannot attend the written or oral part of the examination within the prescribed time limit and will apologize in writing to the Ministry without undue delay after having become aware of these reasons, but not later than the date of the written or oral part of the examination, he may pass the examination at another time specified by the Ministry on the basis of his request for a different date.
(3) If, for reasons of special consideration, a candidate cannot attend a written or oral part of the examination by another deadline set by the Ministry and will apologize in writing to the Ministry without undue delay after having heard of these grounds, but at the latest on the date of the written or oral part of the examination, he may take the test at another replacement date set by the Ministry on the basis of his request for another replacement date.
(4) If the candidate does not excuse his non-participation in the test in time, he may pass the test at another time or at another time set by the Ministry on the basis of his request for a different time limit or other time limit, provided that he attaches a written apology to that request and proves that he could not have made his non-participation in the test in time for reasons of special consideration.
Test evaluation
(1) The test result is assessed as having succeeded (a) or failed (a).
(2) The candidate has succeeded in the test if he has been assessed by degree in writing and oral part of the test.
(3) The test results shall be notified to the candidate immediately after the oral part of the examination by oral declaration.
(4) If the candidate failed the oral part of the examination, he / she shall not be obliged to repeat the written part of the examination which he / she passed successfully.
Test progress report
(1) A protocol containing:
(a) the name and, where applicable, the name of the tenderer;
(b) the date of birth of the tenderer;
(c) the address of the applicant's permanent residence and, if not, his address;
(d) the date and place of the written part of the examination;
(e) the date and place of the oral part of the examination, where the tenderer has carried out that part of the examination;
(f) point evaluation of the written part of the test;
(g) oral examination questions;
(h) test result;
(i) the names, surnames and signatures of the members of the Examination Committee;
(j) where appropriate, other relevant facts.
(2) The annex to the report shall include a written test, case study and opinions of the members of the Committee for the Evaluation of Case Studies.
(1) The candidate who has succeeded in the test shall within 3 weeks send a certificate showing that the test has been successfully carried out.
(2) The certificate shall contain details of the name and, where applicable, names, surname of the tenderer, date of his birth, address of his permanent residence, and, if not, address of his residence, type of examination carried out, date of performance, date of issue of the certificate and signature of the Minister of Justice.
Efficacy
This Decree shall take effect on 1 January 2008.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 312 / 2007 Coll., on the content and other requirements of insolvency practitioners' examinations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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