Decree No. 323 / 2013 Coll.
Ordinance on the formalities for the submission of forms for the registration, amendment or deletion of data in the public register of legal and natural persons and the registration of trust funds and repealing certain regulations
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Order
Effective from 01.01.2014
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323
DECLARATION
of 2 October 2013
on the formalities for the submission of forms for the registration, amendment or deletion of data in the public register of legal persons and natural persons and the registration of trust funds and repealing certain regulations
The Ministry of Justice provides pursuant to Section 21 of Act No. 304 / 2013 Coll., on public registers of legal and natural persons and on the registration of trust funds ("the Act '):
SUBJECT MATTER OF THE ADJUSTMENT
This decree sets out the details of the forms for the submission of applications for registration, amendment or deletion of data in the public register of legal and natural persons and the registration of trust funds under the law (hereinafter referred to as the register).
(1) The Ministry of Justice shall publish on its website forms for registration, amendment or deletion of data on:
(a) the association,
(b) a subsidiary association,
(c) a foreign subsidiary association,
(d) the Foundation;
(e) the Foundation Fund;
(f) the Institute,
(g) the association of unit owners;
(h) the natural person - the entrepreneur;
(i) public companies;
(j) limited companies;
(k) limited liability companies;
(l) public limited liability companies,
(m) to the cooperative;
(n) the European Economic Interest Association,
(o) European companies;
(p) European cooperative societies;
(q) the establishment of a foreign person or a fissile plant of a foreign person;
(r) fissile plants;
(s) community service;
(t) trust fund,
(u) an establishment governed by the law of another State and operating in the territory of the Czech Republic which is a structure or function similar to a trust fund (the "foreign trust fund").
(2) The Ministry of Justice will publish on its website a form to amend or delete data on the trade union organisation, the international trade union organisation, the employers' organisation and the international employers' organisation.
FORMULTIANTS
FORM FOR THE REGISTER OF SINGLE FACTS
General
(1) The particulars of the application form for registration of persons referred to in Article 2 (1) or the amendment of the particulars relating to such persons are:
(a) an indication that it is an application for registration or modification of data in the register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the legal person or natural person - the entrepreneur to whom the registration relates and, if not for the original registration, the section and number of the insert of the file mark under which the person is kept;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and signature of the applicant.
(2) The signature on the paper form must be officially verified, the electronic form must be signed in a manner which links the effects of the handwritten signature to another legislation.
Branches
In addition to the particulars referred to in Article 3, the application form for registration of a subsidiary association or the change of the details of the subsidiary association shall also include the designation of the founder, unless the applicant is the founder of the subsidiary association.
Foreign Branch
In addition to the formalities provided for in Sections 3 and 4, the application form for registration of a foreign branch association or the amendment of data on a foreign branch association shall also contain an indication of the law of the State governing the foreign association and, where the law of that State commands registration, the registration details, including the registration number in that register in which the foreign association is registered.
Fission plant
In addition to the particulars referred to in Article 3, the application form for registration of the split plant or the change in the details of the split plant shall also include the designation of the founder, unless the applicant is the founder of the split plant.
Foreign plant or fissile plant
In addition to the particulars referred to in paragraphs 3 and 6, the application form for registration of a plant or a fissile plant shall also include an indication of whether the plant or fissile plant is a foreign plant located in a Member State of the European Union or in another State constituting the European Economic Area or whether the plant or fissile plant is a foreign plant located outside a Member State of the European Union or outside a State constituting the European Economic Area.
Removal of a natural person - entrepreneur or legal person
The details of the application form for the deletion of a natural person - entrepreneurs or legal persons from the register shall be:
(a) an indication that it is a proposal for erasure;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the person to be deleted, including the section and number of the insert of the file mark under which it is kept;
(e) an indication of the legal basis for erasing a person from the register;
(f) the date on which the person is to be removed from the register;
(g) the list of Annexes; and
(h) the date and signature of the applicant; Paragraph 3 (2) shall apply mutatis mutandis.
Mergers
(1) The details of the application form for registration of the merger are:
(a) an indication that it is an application for registration of a merger;
(b) the designation of the register court on which the application for registration of a merger is made;
(c) the names of the applicants,
(d) the names of the legal persons involved in the merger, including the section and number of the insert of the file mark under which they are kept and, in the case of the merger, the successor legal persons concerned by the application;
(e) an indication of whether and for which legal person the application for registration, change of particulars or deletion is concerned,
(f) particulars of the facts covered by the application for registration or amendment or designation of the legal person or persons to be deleted;
(g) the date on which the merger is to be registered;
(h) a list of the Annexes; and
(i) the date and signature of the applicants; Paragraph 3 (2) shall apply mutatis mutandis.
(2) Indication of the fact which is the subject of the application for registration at the time of the merger, the change at the time of the merger or deletion, means in particular:
(a) in the case of a successor legal person, an indication as to whether it is a merger or a merger, when the designation of the data recorded at the time of the formation of the legal person, when the indication of the changes to the recorded data is combined, if any, and the designation of the existing legal persons; and
(b) in the case of an acquired legal person, an indication as to whether it has disappeared as a result of a merger or a merger, an indication as to any other dying legal persons and a successor legal person.
Breakdown
(1) The details of the application form for registration of the division are:
(a) an indication that it is a proposal to register a division;
(b) the name of the registration court on which the application for registration of the division is made;
(c) the names of the applicants,
(d) the names of the legal persons involved in the division, including the section and number of the insert of the file mark under which they are kept, and, where new or new legal persons are formed, the designation of the successor legal person or persons concerned by the application;
(e) an indication of whether and for which legal person the application for registration, change of particulars or deletion is concerned,
(f) particulars of the facts which are the subject of the application for registration or amendment or designation of the legal person to be deleted;
(g) the date on which the division is to be registered;
(h) a list of the Annexes; and
(i) the date and signature of the applicants; Paragraph 3 (2) shall apply mutatis mutandis.
(2) Indication of the fact which is the subject of an application for registration, amendment or deletion shall in particular mean:
(a) in the case of a successor legal person, an indication as to whether it is a division, a division or a division by division, a division or division with the formation of new or new legal persons, when the division of the names of changes to the recorded data, if any, is made when the formation of a new legal person or persons is made, a designation as to the origin of the legal person, and a designation as to whether the acquired or distributed legal person; and
(b) in the case of the acquired legal person, at the time of the split, the indication that it has died as a result of the split, and the designation of all the successor legal persons;
(c) in the case of a split-up legal person, the indication that there has been a split-up, the designation of the successor legal person or all the successor legal persons and the indication of changes to the recorded data, if any; or
(d) in the case of a distributed legal person, where a designation has been made that the division has taken place, the designation of the successor legal person or all the successor legal persons and the indication of changes to the recorded data, if any.
Transfer of assets to a shareholder
(1) The particulars of the application form for registration of the transfer of capital to the shareholder are:
(a) an indication that it is an application to register a transfer of assets to a shareholder;
(b) the name of the registration court on which the application for registration of the transfer of capital to a member is made;
(c) the names of the applicants,
(d) the names of the persons involved in the transfer of the assets to the shareholder, including the section and number of the insert of the file mark under which they are kept;
(e) an indication of whether and to which person involved in the transfer of capital to a member is an application for registration, alteration of data or deletion;
(f) particulars of the facts which are the subject of the application for registration or amendment or designation of the legal person to be deleted;
(g) the date on which the transfer of the assets to the shareholder is to be registered;
(h) a list of the Annexes; and
(i) the date and signature of the applicants; Paragraph 3 (2) shall apply mutatis mutandis.
(2) Indication of the fact which is the subject of an application for registration, amendment or deletion shall in particular mean:
(a) for the acquired legal person, an indication that it has disappeared as a result of the transfer of the capital to the shareholder and an indication of the acquiring member; and
(b) in the case of the acquiring member, an indication that he has taken over the assets of a legal person designated as a deceased legal person.
Amendment of the legal form
(1) The elements of the application form for registration of a change to the legal form are:
(a) an indication that it is a proposal to register a change to the legal form;
(b) the designation of the registration court on which the application for registration of an amendment to the legal form is made;
(c) the appellant's designation,
(d) the designation of the legal person who changes his legal form, including the section and number of the insert of the file mark under which he is kept;
(e) an indication that it is an application for erasure and an application for registration,
(f) particulars of the facts covered by the application for erasure and registration;
(g) the date on which the change in legal form is to be registered;
(h) a list of the Annexes; and
(i) the date and signature of the applicants; Paragraph 3 (2) shall apply mutatis mutandis.
(2) Indication of the fact which is the subject of the application for erasure and registration means in particular:
(a) in the case of a legal person who changes legal form, the designation of a legal person after the registration of the change in legal form; and
(b) in the case of an application for registration, an indication of the particulars to be entered when a legal person is registered.
Writing of conversion data when publishing the conversion project on the website
(1) The details of the application form for the registration of conversion data in the publication of the conversion project on the website are:
(a) an indication that it is a proposal for the entry of data when the conversion project is published on the website;
(b) the designation of the register court on which the application for entry of data is made when the conversion project is published on the website;
(c) the appellant's designation,
(d) the designation of the legal persons involved in the conversion, including the section and number of the insert of the file mark under which they are kept, and the designation of the new successor legal person or persons concerned by the proposal;
(e) if the registered office is moved abroad, the designation of the legal person after the cross-border transfer of the registered office;
(f) an indication of whether the application for registration, amendment of the particulars or deletion is concerned,
(g) details of the facts covered by the application for registration or amendment;
(h) a list of the Annexes; and
(i) the date and signature of the applicant; Paragraph 3 (2) shall apply mutatis mutandis.
(2) Indication of the fact which is the subject of an application for registration, amendment or deletion shall in particular mean:
(a) the designation of the legal person involved in the conversion;
(b) the designation of a new successor legal person or the designation of a legal person following a cross-border transfer of the registered office; and
(c) an indication of the website referred to in § 61 (1) (c) of the Act.
Cross-border transformations
(1) The elements of the application form for the registration of a cross-border merger are those set out in Section 9, for the registration of the cross-border distribution of the fact referred to in Section 10, for the registration of the cross-border transfer of the property referred to in Section 11 and for the entry of data on cross-border transformation when publishing the cross-border conversion project on the website of the fact referred to in Section 12a. The application for registration shall state that it concerns the registration of cross-border mergers, cross-border divisions, the cross-border acquisition of assets or the entry of cross-border transformation data in the publication of the cross-border conversion project on the website.
(2) The particulars of the application for registration of a cross-border merger or division shall also be the particulars of the registration of the foreign legal person involved in the cross-border transformation and of the foreign successor legal person, including the number of that registration. If the entry of cross-border transformation data is made when the cross-border transformation project is published on a website, the details of the form are also those of the registration of the foreign legal person involved in the conversion, including the number of this registration.
(3) The details of the application form for registration of the cross-border transfer of the registered office are:
(a) an indication that it is a proposal to register a cross-border transfer of the registered office;
(b) the designation of the registration court on which the application for registration of the cross-border transfer of the registered office is made;
(c) the appellant's designation,
(d) if the registered office is moved abroad, the designation of the Czech legal person who has moved the registered office abroad, including the section and number of the insert of the file mark under which it is kept;
(e) if the transfer of the registered office to the Czech Republic takes place, the designation of the foreign legal person before the transfer of the registered office to the Czech Republic, including the designation of the foreign register, the number and the date of such registration, if required in the State in which it was still registered, and its designation in the Czech Republic,
(f) particulars of the facts covered by the application for erasure or registration;
(g) the date on which the cross-border transfer of the registered office is to be registered;
(h) a list of the Annexes; and
(i) the date and signature of the applicants; Paragraph 3 (2) shall apply mutatis mutandis.
(4) An indication of the fact which is the subject of an application for erasure pursuant to paragraph 3 is, in particular, an indication of the fact that a legal person has moved his registered office abroad with details of his business firm, name or registered office abroad, and an indication of the foreign register in which that legal person is registered, including the number and date of such registration, where required in the State of the new registered office of the legal person.
(5) An indication of the fact which is the subject of the application for registration referred to in paragraph 3 is that which is entered in the register in the relevant form of the Czech legal person.
Trade unions, international trade unions, employers' organisations and international employers' organisations
Article 3, 6 to 8 shall apply mutatis mutandis for the purposes of the application form for modification of trade union data, international trade union organisations, employers' organisations or international employers' organisations or the proposal for their deletion.
Trust funds and foreign trust funds
Paragraph 3, 6 to 8 shall apply mutatis mutandis for the purposes of the application form for registration or deletion of the trust fund and the foreign trust fund or the amendment of their data.
COMMON PROVISIONS
(1) The natural person shall be identified by his name, date of birth and birth number, if any, and address of his place of residence, and, where appropriate, address of residence, and, if applicable, by the natural person - entrepreneur, identification number, if assigned to him.
(2) The legal person shall be identified by the name or business name, the identification number of the person, if assigned to him, and the address of his registered office.
(3) The trust fund or foreign trust fund shall be identified by an identification number, if assigned to it, and an identification of the trust administrator.
(4) The address of the place of residence, residence or registered office is either domestic or foreign.
(5) The local address is the address assigned to the address point kept in the basic register of territorial identification, addresses and real estate. The local address consists of the data
(a) the name of the municipality or military exit; the name of the district is given in Prague (Prague 1 to 10),
(b) the name of the part of the municipality, unless it is identical to the name of the municipality; the name of the cadastral territory is indicated in Prague,
(c) the postal code assigned to the address point;
(d) the name of the street or other public area;
(e) the description or registration number and the indicative number; the registration number shall be marked with the abbreviation "E '; the indicative number, if assigned, shall be indicated as the descriptive or the registration number and shall be separated by a slash.
(6) The foreign address consists in particular of the name of the city (municipality) and region, street name and house number, postal code (ZIP code) and state name.
(7) The amount of the proportion referred to in Section 48 (1) (j) of the Act is indicated in the form by a fraction or in percentage rounded to 2 decimal places.
FINAL PROVISIONS
Repeal
The following shall be deleted:
1. Decree of the Ministry of Justice No. 479 / 2000 Coll., on the remuneration and reimbursement of the final expenses of the liquidator and member of the body of the company appointed by the court.
2. Decree No. 562 / 2006 Coll., laying down the method of converting the documents into electronic form, the way in which the transferred documents are handled and the binding electronic form of the documents (Ordinance on the digitisation of the Commercial Register).
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Regulation Information
| Citation | Decree No. 323 / 2013 Coll., on the formalities for forms for submission of applications for registration, amendment or deletion of data in the public register of legal and natural persons and the registration of trust funds and repealing certain regulations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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