Decree No. 329 / 2008 Coll.
Order on the central record of execution
Valid
Order
Effective from 08.09.2008
329
DECLARATION
of 25 August 2008
on the central record of execution
The Ministry of Justice provides, pursuant to § 125 (5) and § 131 (d) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Regulations) and on the amendment of other laws:
(1) The central record of execution (hereinafter referred to as "registration") is kept at a designated address in a publicly available information system (Internet).
(2) The Executive Chamber of the Czech Republic (hereinafter referred to as the Chamber) provides access to electronic registration or amendment (hereinafter referred to as "registration") and to the entry of data into the register and to the deletion of data from the register, as provided for in Article 4 (1).
(3) The data referred to in Article 2 shall be entered in the records referred to in the documents referred to in Article 125 (1) (a) to (c) and (f) of the execution order or in the file kept by the executor. Changes to the data entered in the register shall be made by the executor in such a way as to correspond to the management status of the executor.
(1) To be entered in the register
(a) the designation of the execution court;
(b) details of the execution title, namely:
1. type of execution title,
2. the authority which issued it or the person who prepared it,
Day 3, month and year of its issue in the form of DD. MM. a
4. his reference number,
(c) the day, month and year of issue of the notification of the start of execution in the form of: DD. MM. YYYY,
(d) the obligation enforced as follows:
1. the amount of the enforcement of the cash performance;
2. a description of the non-cash performance recovered, of a maximum of 100 characters in the case of non-cash performance;
3. the amount of the cash performance recovered and a description of the non-cash performance recovered, of a maximum of 100 characters if both cash and non-cash benefits are recovered,
(e) an indication of whether the proceeding has been joined,
(e) an indication that the debtor is subject to execution by the sale of movable property, not by execution pursuant to Article 67 (2) of the Rules of Enforcement,
(f) an indication that the execution is conducted after the suspension of the execution pursuant to Article 54 (9) of the execution order.
(2) To be entered in the register
(a) an indication of the court or executor which has decided to postpone or suspend the execution;
(b) the file number of the order which decided to postpone or suspend the execution;
(c) the day, month and year of the order for suspension or suspension of execution in the form of: DD. MM. YYYY.
(3) For a compulsory natural person, the entry of:
(a) the name and, where appropriate, the name and surname;
(b) the birth number and, if not allocated, the date of birth;
(c) the address of the place of permanent residence or, where applicable, the place of residence in the Czech Republic according to the type of residence of the alien, including the five-digit postal routing number in the form of XXXXX; if the postal code is not the postal code, then no indication shall be given.
(4) A compulsory legal person is hereby registered
(a) name or business name,
(b) an identification number, if assigned,
(c) the address of the registered office, including the five-digit postal routing number in the form of XXXXX; If the postal code is not a postcode, then it shall not be provided.
(5) The data referred to in paragraph 3 (a) and (c) and the date of birth shall be recorded for the authorised natural person and the data referred to in paragraph 4 shall be entered for the authorised legal person. If an indication of the legal successor authorised under § 125 (3) of the Rules of Procedure has been entered in the register, the record shall also keep the particulars of the previous creditor. For the previously established creditor, the information specified in the notice of execution shall be entered.
(6) It is also entered in the register
(a) the title, the name and, where applicable, the name of the executor leading or leading the proceedings, the seat of his executive office and the file number of the executor, consisting of three numbers representing the executor's registration number, the designation of the relevant register by the letters "EX," the serial number of the case and the last two numbers of the calendar year;
(b) the termination of the mandate of the executor to conduct the execution for the reasons set out in Section 51 of the execution order, indicating the reason for the termination.
An auction decree pursuant to § 125 (1) (d) of the Rules of Enforcement, decisions amending those Regulations, notices of the auction year pursuant to § 125 (1) (e) of the Rules of Enforcement and amendments thereto shall be entered in the register in electronic form.
(1) The entry of the data in the documents referred to in Article 125 (1) (a) or (b) of the Enforcement Rules shall be made within 3 days of the entry of the execution clause in the register of the executions initiated. The entry of data in the decision pursuant to Article 125 (1) (c) of the Rules of Enforcement shall be carried out within 3 days after the executor has become aware of the legal power of those decisions and the entry of other information within 5 working days after the executor has become aware of them. The update of the data pursuant to Article 125 (2) (d) of the Rules of Enforcement shall be carried out by 15 January of the following calendar year. The information referred to in Article 125 (1) (d) or (e) of the Rules of Enforcement shall be entered in the register within 3 working days of the issue of the auction order or notice of the auction year. The entry of the information referred to in Article 2 (1) (e) shall take place within 3 working days of the drawing up of the movable item and the entry of the information referred to in Article 2 (1) (f) shall take place within 3 days of the end of the suspension of the execution pursuant to Article 54 (9) of the execution order.
(2) The executor shall delete from the register all data relating to the execution ordered without undue delay after 15 days from the date on which he became aware of the end of execution.
(1) The executor carries out entry and entry into the register and removal by electronic remote access by entering the data
(a) through secure individualised access to the website of the register application assigned to the executor by the Chamber (hereinafter referred to as the "individualised approach");
(b) by means of a secure individualised transmission programme supplied to the executor by the Chamber (hereinafter referred to as the transmission programme).
(2) The executor is entitled to allow his agent or employee responsible for carrying out the execution records in connection with the management of the use of the individualised approach and transmission programme.
(1) The Chamber shall be remunerated for each provision of electronic data from the register, if the execution rules so provide. The amount of remuneration, depending on the amount of electronic data provided to the applicant in the calendar year shall be:
| do 1 000. poskytnutého údaje | 60 Kč, |
| od 1 001. poskytnutého údaje do 10 000. poskytnutého údaje | 30 Kč, |
| od 10 001. poskytnutého údaje do 1 000 000. poskytnutého údaje | 15 Kč, |
| od 1 000 001. poskytnutého údaje | 6 Kč. |
(2) The provision of electronic data from the register referred to in paragraph 1 shall be considered as:
(a) display of the search result whether the result is negative or contains data on multiple entities meeting the specified search criteria; or
(b) a description of the specific details of the execution proceedings against the entity.
(3) In the case of continuous monitoring, the provision of electronic data shall be deemed to be:
(a) placing the entity in continuous monitoring mode and simultaneously displaying the search result in accordance with paragraph 2 (a);
(b) the first display of specific data on each execution procedure against the entity in every three calendar months; or
(c) an indication of the change in the search results obtained under (a) or (b).
(4) The Chamber is responsible for the extract from the register or for the confirmation that a certain entry in the register is not entered, a reward of CZK 50 per page.
(5) For the first extract from the register issued in the calendar year to the compulsory natural person in the execution procedure in which the information contained in the extract was entered in the register, the Chamber shall be remunerated in total
a) 75 CZK, if the listing does not exceed 6 pages,
b) 100 CZK, if there are at least 7 pages.
(6) The data referred to in Article 2 (5) are only provided by the Chamber
(a) in the extract referred to in paragraph 5; or
(b) at the request of the compulsory natural person in the execution procedure in which the particulars contained in the extract have been entered in the register and the extract not referred to in (a).
Transitional provision
The executor shall enter in the register no later than 2 months after the date of application of this Order the data relating to the execution of the final order and not completed before the date of application of this Order.
Repeal
The following shall be deleted:
1. Decree No. 331 / 2001 Coll., on central record execution.
2. Decree No. 130 / 2005 Coll., amending Decree No. 331 / 2001 of the Ministry of Justice Coll., on central records of executions.
Efficacy
This Decree shall take effect on the day of its publication, with the exception of Article 5, which shall take effect on the first day of the third calendar month following its publication.
Minister:
JUDr. Pospíšil v. r.
1) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended.
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Regulation Information
| Citation | Decree No. 329 / 2008 Coll., on central records of executions |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.2008 |
|---|---|
| Effective from | 08.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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