Decree of the Ministry of Justice No. 330 / 2001 Coll.
Ordinance of the Ministry of Justice on the Remuneration and Reimbursement of the Court Executioner, Manager of the Commercial Plant, Maintainer of Real Estate and Salary and Other Income, and Conditions of Injury Insurance by the Executioner (Executive Tariff)
Valid
Order
Effective from 18.09.2001
330
DECLARATION
Ministry of Justice
of 5 September 2001
on the remuneration and compensation of the court executor, the manager of the commercial establishment, the manager of the immovable property and the payer of the salary or other income and the conditions for the liability of damages caused by the court executor (execution tariff)
The Ministry of Justice provides, pursuant to § 131 (a) to (c) of Act No. 120 / 2001 Coll., on judicial executors and execution activities (execution order) and on the amendment of other laws (hereinafter referred to as "the Act"):
GENERAL PROVISIONS
(1) The court executor (hereinafter referred to as "the executor") carries out the execution activity and other activity for remuneration, the amount and manner of which is determined by this decree.
(2) Other activities of the executor shall mean the provision of legal assistance, the drawing up of executive records, the taking up of cases for safekeeping, the carrying out of other activities under the authority of the court, in particular the service of court documents and of the activity of the judicial executor, and the conduct of auctions of movable or immovable property on the basis of a proposal from the owner or person entitled to dispose of the case ("voluntary auction '). Other activities of the executor shall also mean the management of assets under the authority of a court or prosecutor in criminal proceedings.
(3) The remuneration of the executor includes compensation for ordinary administrative and other work related to the execution and other activities of the executor.
(1) In the context of the execution and other activities, the executor is entitled to reimbursement of the final expenses and to reimbursement of the service of documents.
(2) In the context of the execution activity, the executor shall, in addition to the claims referred to in paragraph 1, be compensated for the loss of time.
If the executor has agreed with the creditor in the execution contract, the executor shall be entitled to the contractual remuneration for the execution of the execution activity in addition to the claims under paragraphs 1 (1) and 2.
The manager of the establishment or the manager of the immovable property shall be responsible for the activity in the execution of the disability of the establishment or in the execution of the immovable property by the management of the immovable property, the remuneration and reimbursement of the final expenses.
PERFORMANCE PERFORMANCE
REMUNERATION FOR EXECUTIVE ACTIVITIES
Remuneration for execution imposing payment of the cash amount
(1) Save as otherwise provided, the basis for determining the remuneration for the execution imposed on the payment of the amount of the cash amount by the executor of the performance recovered, not including the cost of the execution and the costs of the creditor, is to be established.
(2) Where several recovery claims are paid on the sale of movable property, the basis for determining the remuneration shall be that part of the recovered amount paid on those claims.
(3) Where the rights of the creditor have been met in whole or in part in the execution of the sale of immovable property or in the execution of the disability of the plant, the person who has entered the proceedings as another creditor or creditor of the debtor who has filed the application shall be the basis for determining the remuneration of the part of the distributed substance which has been so met by those persons.
(4) Where the execution is carried out under the enforceable title in which the creditor is entitled to the returnees, the basis for determining the remuneration shall be the amount of the enforceable performance not including the costs of execution and the costs of the creditor. Where the basis for determining the remuneration is the amount of the performance not including the costs of the execution and the costs of the creditor, which have been recovered from the repayable benefits since the date on which the execution proceedings are opened, the basis for determining the remuneration shall not exceed five times the value of the annual performance.
(1) The remuneration for execution imposing the payment of the sum of money is:
| do 3 000 000 Kč základu | 15 %, |
| z přebývající částky až do 40 000 000 Kč základu | 10 %, |
| z přebývající částky až do 50 000 000 Kč základu | 5 %, |
| z přebývající částky až do 250 000 000 Kč základu | 1 %. |
(2) An amount of over CZK 250,000 is not included in the base.
(3) The remuneration referred to in paragraph 1 shall be at least CZK 2,000.
Remuneration for execution other than payment of cash
Remuneration for execution by removal
(1) The remuneration of the executor for the execution of the clearance shall be for each immovable item, building, apartment or room with floor or surface area cleared
(a) not exceeding 80 m2................ 14 000 CZK,
(b) from 80 m2 to 120 m2................................................ 18 000 CZK,
(c) exceeding 120 m2................ 22 000 CZK.
(2) The floor or surface area referred to in paragraph 1 shall be determined by the executor on the basis of:
(a) data registered in the real estate register;
(b) the supporting documents available where the actual condition of the floor area or area referred to in (a) cannot be established; or
(c) own estimates where the actual condition of the floor area or area referred to in (a) or (b) cannot be established.
Remuneration for execution by removal
Remuneration of the executor for execution by removing the item for each item or set of items shall be 15% of their value, but at least CZK 3,000.
Remuneration for execution by dividing the common cause
(1) The amount of the executor's remuneration for the execution by dividing the common case where the common case is to be sold and its proceeds distributed to the joint owners shall be calculated in accordance with Article 6. The basis for determining the level of remuneration is the proceeds of the sale of the item.
(2) The remuneration of the executor for the execution by dividing the common cause where the common cause is to be divided differently from the sale, is CZK 8,000 for each separate item.
Remuneration for execution by work and performance
Remuneration of the executor is CZK 8,000 for each execution title, which is required for the execution of work and performance.
Common provisions on remuneration for execution
(1) If the debtor fulfils within 30 days of the date of receipt of the call for recovery and pays the advance on the reduced execution costs and the authorised costs (Paragraph 46 (6) of the Act), the executor shall be remunerated
(a) at the rate of 50% of the remuneration provided for in Article 6, if the execution is imposed on the payment of the sum of money;
(b) at the rate of 30% of the remuneration provided for in Articles 7 to 10, where the execution is subject to an obligation other than payment of the sum of money.
(2) If the mandate of the executor to conduct the execution by the court to exclude the executor or to suspend the execution or change of the executor pursuant to § 51 (a), (b) and (d) of the law, the remuneration of the executor whose mandate has expired shall be CZK 2 000, unless otherwise specified.
(3) Where, for the reasons set out in paragraph 2, the executor has ceased to be responsible for the execution of a part of the claim, the remuneration provided for in paragraph 6 shall be based on the amount of the claim recovered, but not less than that referred to in paragraph 2.
(4) The executor is remunerated at CZK 750 if the executor was not in charge of the execution and refused the execution proposal or stopped the execution procedure.
(5) If the executor has not been entrusted with the execution or if the mandate of the executor has expired for reasons which the executor has caused, the remuneration shall not be due to him.
(6) The rights of the executor to reimburse expenditure incurred in the context of the execution activity are without prejudice to the provisions of paragraphs 1 to 5.
Advances on execution costs
(1) The amount of the advance on the costs of the execution referred to in paragraph 2 and the time limit for the deposit on the costs of the execution referred to in paragraphs 2 and 3 shall be determined by the executor.
(2) Save as otherwise provided for in paragraph 3, the advance on the costs of execution imposing payment of the cash amount may not exceed 50% of the remuneration provided for in Article 6 and the flat-rate amount of the reimbursement of the final expenses referred to in Article 13 (1) or, where appropriate, the estimate of the expenditure effectively incurred, if it exceeds the flat-rate amount provided for in Article 13 (1). The amount of the claim to be recovered shall be considered as the basis for the remuneration; the addition of the claim is disregarded. In the case of execution imposing an obligation other than payment of the cash amount, the advance on the costs of execution may not exceed 50% of the remuneration provided for such execution in paragraphs 7 to 10 or the flat-rate amount of compensation for the final expenses referred to in paragraph 13 (1) or, where appropriate, the estimate of the expenditure actually incurred, if more than the flat-rate amount referred to in paragraph 13 (1).
(3) If the execution is conducted for a claim for which the execution has already been stopped once or for the recovery of the costs of the execution which has been stopped and the costs of the proceedings have not been paid, the advance shall be CZK 500. Where the executor is a payer of value added tax, the advance shall include value added tax.
(4) The advance on the further execution management is CZK 500. Where the executor is a payer of value added tax, the advance shall include value added tax.
REFUNDS ON CURRENT EXPENDITURE, REFUNDS ON LOSS OF TIME AND REFUNDS ON CORRECTION OF DOCUMENTS
Reimbursement of final expenditure
(1) The executor is entitled, in the context of the execution of the execution activity, to reimbursement of the expenditure in full
(a) CZK 3,500 for execution, in which, on the date of issue of the mandates pursuant to § 43a of the law enforced, which does not include the cost of execution and the cost of the creditor, does not exceed CZK 5,000, and in which no obligation other than payment of the cash amount is enforced,
(b) CZK 4,500 for execution not mentioned in (a).
(2) The compensation referred to in paragraph 1 shall include, in particular, the individual judicial and other charges not exceeding CZK 1000, travel expenses, the costs of delivering documents via the public data network to the data box or to the e-mail address, the postal charges relating to the notification of the initiation of execution, the enforcement order to the debtor's spouse, the first order of deferral of execution to the debtor and the debtor's spouse, the order of the application for the cessation of execution, the particulars, copies, photocopies and the reimbursement of the costs of the transfer or recovery of data from the central information systems.
(3) Where the amount of the final expenses of the executor effectively incurred in connection with the execution of the execution activity exceeds the flat-rate amount of the reimbursement of the final expenses referred to in paragraph 1, 4 or 5, he shall be entitled, instead of the refund referred to in paragraph 1, 4 or 5, to full reimbursement of the final expenses. These costs are the executor's duty to prove.
(4) If the debtor fulfils within 30 days of the date of receipt of the call for payment of the recovery claim and pays the advance on the reduced execution costs and the eligible costs, the executor shall be entitled, instead of the refund referred to in paragraph 1, to reimbursement of the final expenses in a lump sum.
(a) CZK 1,750 for execution in which, on the date of issue of the mandates pursuant to § 43a of the law enforced performance, which does not include the cost of execution and the cost of the creditor, does not exceed CZK 5,000, and in which no obligation other than payment of the cash amount is enforced,
(b) CZK 2 250 for execution not mentioned in (a).
(5) Instead of compensation under paragraph 1, the executor shall be entitled to reimbursement of the final expenses in a lump sum of CZK 500, unless the executor has been entrusted with the management of the execution and has refused or refused the execution proposal or stopped the execution procedure.
(6) The executor shall be entitled to reimbursement of the expenditure effectively incurred in respect of the various judicial and other charges not referred to in paragraph 2, the postage not referred to in paragraph 2, the auction of the execution, the expert's report and the translations which the executor is required to prove. This refund shall not be included in the flat-rate amount referred to in paragraphs 1, 4 or 5.
(7) The amount of reimbursement of travel expenses is governed by special legislation1). The amount of the reimbursement of travel expenses, which is part of the cost of execution, shall not exceed CZK 1,500 per trip to a place which is not the seat of the executor, who leads the execution, and back. Travel expenses shall be reimbursed only once for a common journey in several execution procedures conducted by the same executor. In each of these proceedings, the executor shall be entitled to a proportion of the reimbursement of travel expenses.
(8) Reimbursement of costs incurred in expert assessments is governed by specific legislation2).
(9) Paragraphs 1 to 8 shall not apply if the creditor has agreed with the executor in advance the amount of expenditure effectively incurred pursuant to Paragraph 89 of the Act.
(10) Where the execution procedure is subject to two authorisations or two compulsory, the flat-rate amount of the reimbursement of the final expenditure referred to in paragraphs 1 and 4 shall be increased by 30%. Where more than 2 or more compulsory than 2 are involved in the execution procedure, the flat-rate amount of the reimbursement of the expenditure referred to in paragraphs 1 and 4 shall be increased by 50% irrespective of the number of participants.
(11) If two or more execution procedures are brought together for joint proceedings pursuant to Paragraph 37 (5) or (6) of the Act, the flat-rate amount of the reimbursement of the final expenses referred to in paragraphs 1, 4 and 10 shall be increased by 20%, irrespective of the number of simultaneously or gradually linked execution procedures.
Compensation for loss of time
(1) Compensation for the loss of time belongs to the executor in the execution of an activity carried out in a place which is not the seat of his office, for the time spent travelling to and from that place. The amount of compensation for the loss of time, which is part of the cost of execution, is up to CZK 1 000 per trip to a place which is not the seat of the executor, who leads the execution, and back.
(2) Compensation for the loss of time spent on the way to a place which is not the seat of its office is for the executor only once, if he has carried out multiple execution procedures at that place. In each of these proceedings, the executor shall be entitled to a proportion of the compensation for the loss of time according to the number of operations carried out in each execution procedure.
(3) The refund is CZK 150 for each half hour.
Compensation for service of documents
(1) If the executor himself delivers the document in the enforcement proceedings, he shall be compensated for the service of the documents.
(2) The compensation for the service of documents consists of the reimbursement of the final expenses incurred effectively for the service of the document and a lump sum of CZK 100 for the service of one document. If multiple documents are delivered to the same person at the same time, the lump sum shall not be increased.
(3) If it was not possible to deliver the document to the addressee, the executor shall be responsible for compensating for the expenses incurred effectively to service the document.
LEGAL AID
(1) In order to determine the amount and the method of determining the remuneration of the executor for the provision of legal assistance and to determine the reimbursement of final expenses in connection with the provision of legal assistance by the executor, a separate legislation shall apply mutatis mutandis. (3) The provision of legal services under this special law shall be deemed to be the provision of legal assistance by the executor for the purposes of this decree.
(2) The compensation for service of documents relating to the provision of legal aid is governed by the provisions of Paragraph 15.
SECURITISATION OF EXECUTORY REPRESENTATIONS
(1) In order to determine the amount and the method of determining the remuneration of the executor for the writing of the executive minutes and for the taking of cases into custody and for the fixing of the reimbursement of final expenses in connection with the writing of the executive minutes and the taking of cases into custody, a separate legislation shall apply mutatis mutandis. 4) For the purposes of this Decree, the drawing up of the executive minutes and the taking of the matters into custody by the executor shall be considered to be the drawing up of the notaries and the receipt of the documents in the custody of the executor.
(2) The compensation for the service of documents in connection with the writing of the executive records and the taking of matters into custody is governed by the provisions of Paragraph 15.
OTHER ACTIVITIES UNDER THE CERTIFICATE OF THE COURT
(1) The executor shall receive a fee of CZK 50 for the service of documents by the court under the authority of the court; that remuneration shall include compensation for the service of documents. If more documents are delivered to the same person at the same time, the remuneration shall not be increased. If it was not possible to deliver the document to the addressee, the reward of the executor is not due.
(2) The reimbursement of final expenses in connection with service of documents by the court is governed by the provisions of Paragraph 13.
(1) The executor shall be responsible for carrying out the activities of the judicial executor under the authority of the court,
a) if cash transactions are enforced up to and including 15 000 CZK, a reward of 300 CZK,
b) if the cash supply is recovered in excess of CZK 15,000, a remuneration of 2% of that amount, but not more than CZK 50,000,
c) if non-cash performance is enforced, a reward of CZK 1 000.
(2) The remuneration determined in accordance with paragraph 1 shall be payable to the executor for each enforcement ordered, in respect of which the executor, under the authority of the court, shall act as executor.
(1) For monetizing individual items, rights and other assets from the deceased's assets in the auction under the jurisdiction of the court, the executor shall be remunerated at the rate of 5% of the proceeds of the auction, but not less than CZK 1,000 and not more than CZK 1 000 000, plus 1% of the proceeds of the auction exceeding CZK 10,000.
(2) Where more than one auction is carried out under the mandate referred to in paragraph 1, the basis for calculating the remuneration shall be the sum of all the proceeds.
(3) Paragraph 13 shall apply mutatis mutandis to the reimbursement of expenditure in connection with the purchase of individual items, rights and other assets of the deceased's assets in the auction, and to the reimbursement for the service of documents, mutatis mutandis, paragraph 15.
(1) The reimbursement of final expenses relating to the performance of the activities of the judicial executor is governed by the provisions of Section 13.
(2) The compensation for the service of documents relating to the performance of the activities of the judicial executor is governed by the provisions of Paragraph 15.
If the executor, under the authority of the court, carries out an activity different from that set out in the provisions of § 18 to 19a, he shall receive a remuneration of CZK 100 for each operation and reimbursement of the final expenses and compensation for the service of documents pursuant to § 20.
The remuneration and compensation for any other activity of the executor carried out under the authority of the court shall be paid to the executor by the court which entrusted him with the activity.
Remuneration for the management of the secured item and property
(1) In determining the amount and the manner in which the remuneration for the administration of a case or property which has been secured in criminal proceedings is to be determined, mutatis mutandis, under the specific legislature4a). The remuneration of the executor shall be based on the price of the item or property entrusted to him by the administration in accordance with the first sentence, established in accordance with special legislation4b).
(2) On a proposal from the executor, the law enforcement authority which has entrusted the executor with the administration of the case or property may take measures to provide the executor with an appropriate advance payment for remuneration and reimbursement of the final expenses before the final end of the criminal proceedings, where justified by the duration of the criminal proceedings or other serious reasons.
(3) The remuneration, remuneration and compensation payment referred to in paragraph 4 shall be paid to the executor by the law-enforcement authority which has entrusted him with the administration of the matter or property or to which he has transferred jurisdiction to the administration under the special legislature7).
(4) The reimbursement of final expenses in connection with the administration of the case or property shall be governed by the provisions of Section 13; the reimbursement of service of documents shall be governed by the provisions of Section 15.
IMPLEMENTATION OF THE DRAFT
(1) Special legislation shall apply mutatis mutandis to determine the amount and manner of remuneration of the executor for carrying out the voluntary auction and to determine the reimbursement of the final expenditure in connection with the voluntary auction.5) For the purposes of this decree, the remuneration of the executor and the reimbursement of the final expenses shall be regarded as the cost of the auction under this special legislation.
(2) The compensation for service of documents in connection with the voluntary auction is governed by the provisions of Paragraph 15.
ACTIVITIES OF THE PRINCIPLES MANAGER AND MANAGER OF THE IMMOVABLE MATTERS
In order to determine the amount and the method of determining the remuneration of the plant manager and the real estate manager and to determine the reimbursement of the final expenses in connection with the activity of the plant manager and the real estate manager, a decree governing the remuneration of the plant manager shall apply mutatis mutandis. 6)
PRELIMINARY DETERMINATION OF COSTS OF WAGES OR OTHER REVENUE
The amount and method of determining the flat-rate reimbursement of the costs of the payer's salary or other income shall apply mutatis mutandis to the decree governing the remuneration of the plant manager (6).
INSURANCE OF RELIEF
The Executive Chamber of the Czech Republic may arrange for the Executive Director to negotiate an indemnity insurance contract that could arise in connection with the execution of the execution activity, and the Executive Director may use this mediation to negotiate with the insurer.
PROVISIONS COMMON AND FINAL
(1) The reward of the executor for the issue of the extract from the executive record is CZK 200 for each page of the published text. If this extract from the executive record contains a copy of the annexes to the executive registration, the remuneration for each side of the annex shall be CZK 30.
(2) The replacement of the executor for the issue of another copy of the executor's registration shall be CZK 100 for each page of the published text. If this copy contains the copy of the annexes to the executive registration, the remuneration for each side of the annex shall be CZK 30.
(3) The remuneration of the executor for the issue of a simple copy of the executor's registration and extract, copy or confirmation from the file is CZK 30 for each page of the text.
The basis for determining the executor's remuneration shall be rounded up to the whole hundred crowns and the calculated remuneration shall be up to the whole ten crowns.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Bures v. r.
1) Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll., Act No. 125 / 1998 Coll., Act No. 36 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll.
2) Act No. 36 / 1967 Coll., on Experts and Interpreters. Decree No. 37 / 1967 Coll., implementing the Act on Experts and Interpreters, as amended by Decree No. 11 / 1985 Coll., Decree No. 184 / 1990 Coll., Decree No. 77 / 1993 Coll. and Decree No. 432 / 2002 Coll.
2a) Decree No. 331 / 2001 Coll., on the central record of execution, as amended by Decree No. 130 / 2005 Coll.
3) Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended by Decree No. 235 / 1997 Coll. and Decree No. 484 / 2000 Coll.
4) Decree No. 196 / 2001 Coll., on the remuneration and compensation of notaries and heirs.
4 a) § 22 to 23a of Decree No. 196 / 2001 Coll., on the remuneration and compensation of notaries and administrators of inheritance, as amended by Decree No. 403 / 2005 Coll.
4b) Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended by Act No. 121 / 2000 Coll., Act No. 237 / 2004 Coll. and Act No. 257 / 2004 Coll.
5) Act No. 26 / 2000 Coll., on public auctions, as amended by Act No. 120 / 2001 Coll.
6) Decree No 485 / 2000 Coll., on the amount of the remuneration of the managers of the enterprise, the method of determining it and the compensation of their final expenses.
7) Act No. 279 / 2003 Coll., on the performance of property and property security in criminal proceedings and on the amendment of certain laws, as amended.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, the manager of the business establishment, the manager of the real estate and the salary or other income payer and the conditions of liability insurance for damages caused by the court executor (executive tariff) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.09.2001 |
|---|---|
| Effective from | 18.09.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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