Government Regulation No 351 / 2013 Coll.
The Government's regulation determining the amount of interest on late payment and the costs associated with the claim determines the remuneration of the liquidator, the liquidator and the member of the body of the legal entity appointed by the court and regulates certain issues of the Commercial Journal, public registers of legal and natural persons and the records of trust funds and the data relating to beneficial owners
Valid
Regulation
Effective from 01.01.2014
351
GOVERNMENT REGULATION
of 16 October 2013
determining the amount of interest on late payment and the costs associated with the recovery of the claim, determining the remuneration of the liquidator, the liquidator and the member of the body of the legal entity appointed by the court and governing certain issues relating to the Commercial Journal, the public registers of legal and natural persons, and the records of trust funds and the records of data on beneficial owners
The Government orders the implementation of Act No. 89 / 2012 Coll., Civil Code, Act No. 90 / 2012 Coll., on Commercial Companies and Cooperatives (Act on Commercial Corporations), Act No. 292 / 2013 Coll., on Special Proceedings, and Act No. 304 / 2013 Coll., on Public Registers of Legal and Natural Persons:
INTRODUCTORY PROVISIONS
This Regulation provides for
(a) the amount of interest on late payments and the costs associated with the recovery of the claim;
(b) the method of determining the remuneration and calculating the reimbursement of the final expenses of the liquidator, the liquidator and a member of the legal entity appointed by the court;
(c) the issue and maintenance of the Commercial Journal; and
(d) the scope and manner of publication of the minutes in the public register and the records of the trust funds and the manner in which the application for registration, amendment or deletion of the minutes is made in the register of the beneficial owners.
AMOUNT OF THE INTEREST ON LATE PAYMENTS AND ASSOCIATED COSTS
(1) The amount of interest on late payment corresponds annually to the rate of repo fixed by the Czech National Bank for the first day of the calendar half-year in which the delay occurred plus 8 percentage points.
(2) The amount of interest on late payment of maintenance claims for a minor child who has not acquired full capacity shall be 2,5 per month for the first 6 months of delay for each day of delay. After that period, the amount of interest on late payments shall be determined in accordance with paragraph 1.
If the mutual commitment of entrepreneurs or the content of a mutual commitment between the entrepreneur and the contracting authority is an obligation under the law governing public procurement to supply goods or provide services for consideration to the contracting authority, the minimum amount of the costs associated with the application of each claim shall be CZK 1,200.
REMUNERATION OF THE SUPERVISOR, THE SURVEILLANCE MANAGEMENT AND THE MEMBER OF THE AUTHORITY OF THE LEGAL PERSON OF THE COURT
If the remuneration and expenses due to the liquidator, the liquidator and the member of the legal person's body appointed by the court are paid by the State, those amounts shall be paid by the court which determined the remuneration.
Remuneration of the liquidator
(1) The basis for determining the remuneration of the liquidator is the net asset balance resulting from the liquidation ("the liquidation balance").
(2) If the court decides to renew the liquidation, the basis for the remuneration of the liquidator is the liquidation balance resulting from the re-liquidation.
(1) The remuneration of the liquidator is based on:
| do 100 000 Kč | 15 %, |
| nad 100 000 Kč do 500 000 Kč | 15 000 Kč + 10 % z částky přesahující 100 000 Kč, |
| nad 500 000 Kč do 1 000 000 Kč | 55 000 Kč + 7 % z částky přesahující 500 000 Kč, |
| nad 1 000 000 Kč do 20 000 000 Kč | 90 000 Kč + 5 % z částky přesahující 1 000 000 Kč. |
(2) An amount of over CZK 20 000 000 is not included in the basis for determining the liquidator's remuneration.
(3) According to the circumstances of the case, the remuneration of the liquidator referred to in paragraph 1 may be increased or reduced accordingly. The remuneration may only be increased up to the amount of the liquidation balance.
(1) If liquidation is completed before the amount of the liquidation balance is established, or if the liquidation balance is insufficient to cover the remuneration of the liquidator, the liquidator shall receive a remuneration of CZK 1 000. Depending on the circumstances of the case, the remuneration of the liquidator can be increased accordingly up to CZK 20,000.
(2) If the State pays the remuneration of the liquidator, it will pay it to the extent that it cannot be paid from the balance of the liquidator.
If several liquidators have been liquidated, each of them shall have a share of the remuneration determined in accordance with paragraphs 5 to 7, depending on the extent and duration of his activity.
Amount of compensation for final expenditure of the liquidator
(1) The liquidator is entitled to travel compensation to the extent and under the conditions laid down for workers in employment in the Labour Code, and his or her seat or residence is considered to be the regular working place of the liquidator.
(2) The liquidator is entitled to reimbursement of the expenditure effectively incurred at the amount shown but not exceeding the price normally paid at the time and place of application of the expenditure.
(3) If the State pays for the reimbursement of the final expenses if it cannot be paid in whole or in part from the assets of the dissolved legal person, it will be paid to the extent that it cannot be paid from these sources, but not more than CZK 50 000.
Remuneration and reimbursement of final expenses of the winding-up administrator
(1) The provisions of this Regulation on the amount of remuneration and reimbursement of final expenses of the liquidator shall apply mutatis mutandis to the determination of the amount of remuneration and reimbursement of final expenses of the liquidator.
(2) The basis for determining the remuneration of the liquidator is the proceeds of the redemption of assets constituting the liquidator's winding-up after deduction of the costs incurred in managing the assets and the costs incurred in monetizing them.
Remuneration and reimbursement of final expenses of a member of an institution of a legal person appointed by a court
A member of an institution of a legal person appointed by a court shall be entitled to remuneration and reimbursement of the final expenses of the same amount and extent as the other members of that body in a similar position.
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The publication of the Commercial Journal ("the Journal ') is provided by the Ministry of the Interior through a public administration portal (" the portal').
(1) Where a law requires publication of a registration in a public register, or the deposit of a document in a catalogue, it shall be deemed to be published in the publication of a registration in the Journal, or the deposit of a document in a register in a manner that allows remote access under the Law on Public Registers of Legal and Natural Persons.
(2) The obligation to publish twice the notification of the entry into liquidation of a legal person entered in a public register other than a commercial register, together with an invitation to creditors to make their claims known, is also fulfilled if it is published in a manner that allows remote access under the Law on the Public Register of Legal and Natural Persons for a period of 3 months and 2 weeks.
(a) entry into liquidation;
(b) data identifying the liquidator; and
(c) an invitation to creditors to submit their claims within a period of at least 3 months and 2 weeks from the day following the date of publication of the registration.
(3) The obligation to publish for the first time the notification of the entry of a legal person entered into the Commercial Register into liquidation, together with an invitation to creditors to register their claims, is also fulfilled if it is published in a manner that allows remote access under the Law on public registers of legal and natural persons to register
(a) entry into liquidation;
(b) data identifying the liquidator; and
(c) an invitation to creditors to submit their claims within a specified period.
(4) The publication in the Journal may include data for which the law imposes an obligation to publish them but does not provide for a method of publication.
(1) The Journal shall publish in full the particulars the publication of which is required by the law, indicating the name, name or business name, address of the registered office or address of the place of residence and the identification number of the person to whom the publication relates. Where a person is registered in a public register under the Law on the Public Register of Legal and Natural Persons, the register court and the file under which the register file is kept shall also be indicated.
(2) The minutes and documents referred to in Article 13 (1) shall be published to the extent that those entries and documents are published under the Law on the public registers of legal and natural persons, in a manner which allows remote access and the date of publication.
Data intended for publication in the Journal shall be sent to the portal operator in the cases referred to in Article 13 (4).
THE PUBLIC REGISTERS, THE EVIDENCE OF THE HEALTH FUNDS AND THE EVIDENCE OF THE ACTUAL PROPERTY
(1) The information entered in the public register and the documents deposited in the instrument collection are published by means of publication in a way that allows remote access under Article 3 of the Law on public registers of legal and natural persons.
(2) The particulars and documents referred to in paragraph 1 shall be published in so far as those entries and documents are published in accordance with the Law on the Public Register of Legal and Natural Persons, in a manner enabling remote access and indicating the period of publication.
(3) The data and documents referred to in paragraph 1 shall also be published in machine-readable format. If the published instrument is not in machine-readable format, the administrator of the public register information system shall ensure that it is automatically transferred through the application software of the public register information system; the instrument resulting from the transfer shall be published together with the original instrument.
(4) The data referred to in Article 25 (2) and the documents referred to in Article 68 of the Law on public registers of legal and natural persons are not published.
(1) Where the registration, amendment or deletion of a registration in a public register is carried out by a court, the application for registration, amendment or deletion of the registration shall be filed by electronic means on the website of the Ministry of Justice. The form thus completed may be sent to the court in both electronic and paper form.
(2) Paragraph 1 shall not apply where registration is carried out or amended on an official basis or where a form has not been prescribed for the registered person.
Documents which are incorporated in a collection of documents which do not substantiate the facts in the application for registration, amendment or deletion of registration in a public register shall be submitted only in electronic form in the Portable Document Format (pdf) format with a text layer or in Extensible Hypertext Markup Language format. The signature of the signatory may be replaced by the words "own hand 'or the abbreviation" v. r.' on the instrument submitted in electronic form, which shall appear at the surname of that person. In the case of an officially certified signature, the designation of the Office, the serial number of the officially certified signature, the date of official verification and the name of the person who carried out the official verification shall also be indicated.
Paragraph 13 (1) and (4) and the provisions of this Part shall apply mutatis mutandis to the records of trust funds.
Where the registration, amendment or deletion of the registration in the register of beneficial owners is carried out by a court, the application for registration, amendment or deletion of the registration in the register of beneficial owners shall be made by means of an electronically completed form. The form thus completed may be sent to the court in both electronic and paper form.
PROVISIONS TRANSITIONAL, REPEAL AND FINAL
Transitional provisions
(1) The amount of interest on late payment that occurred before the date of entry into force of this Regulation is governed by Government Regulation No 142 / 1994 Coll., as effective before the date of entry into force of this Regulation.
(2) If the debt was delayed before the date of entry into force of this Regulation, the minimum amount of the costs associated with the application of the claim shall be governed by Government Decree No. 142 / 1994 Coll., as effective before the date of entry into force of this Regulation.
(3) The obligation to submit an application for registration, amendment or deletion of a registration in a public register by means of an electronically completed form in accordance with Article 17 (1) from the date of entry into force of this Regulation also affects persons registered in a public register before the date of entry into force of this Regulation.
Repeal
The following shall be deleted:
1. Government Decree No. 503 / 2000 Coll., on the Commercial Journal.
2. Government Decree No. 408 / 2003 Coll., amending Government Decree No. 503 / 2000 Coll., on the Commercial Journal.
3. Government Regulation No. 511 / 2005 Coll., amending Government Regulation No. 503 / 2000 Coll., on the Commercial Journal, as amended by Government Regulation No. 408 / 2003 Coll.
4. Government Regulation No. 127 / 2007 Coll., amending Government Regulation No. 503 / 2000 Coll., on the Commercial Journal, as amended.
Efficacy
This Regulation shall take effect on 1 January 2014.
Prime Minister:
Rusnok v. r.
Minister of Justice:
Benešová v. r.
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Regulation Information
| Citation | Government Regulation No 351 / 2013 Coll., determining the amount of interest on late payments and the costs associated with the claim, determines the remuneration of the liquidator, the liquidator and the member of the legal entity appointed by the court and regulates certain issues of the Commercial Journal, the public registers of legal and natural persons and the records of trust funds and the records of actual owners |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.11.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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