Act of the Czech National Council No. 358 / 1992 Coll.

Act of the Czech National Council on notaries and their activities (notarial order)

Valid Effective from 01.01.1993
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 ČÁST DRUHÁ ODDÍL PRVNÍ § 7 § 8 § 9 § 10 § 11 § 12 § 13 ODDÍL DRUHÝ § 14 § 15 § 16 ODDÍL TŘETÍ § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 ČÁST TŘETÍ ODDÍL PRVNÍ § 29 § 30 § 31 § 32 § 33 § 34 ODDÍL DRUHÝ § 35 § 35a § 35b § 35c § 35d § 35e § 35f § 35g § 35h § 35i § 35j § 35k § 35l § 35m § 35n § 35o § 36 § 37 § 38 § 39 § 40 § 41 ODDÍL TŘETÍ § 42 § 43 § 44 ČÁST ČTVRTÁ ODDÍL PRVNÍ § 45 § 46 § 47 § 48 § 49 § 49a § 49b § 49c § 50 § 50a § 51 ODDÍL DRUHÝ § 51a ČÁST PÁTÁ § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 61a ČÁST ŠESTÁ ODDÍL PRVNÍ § 62 § 63 § 64 § 64a § 65 § 66 § 67 § 68 § 69 § 70 § 70a § 71 § 71a § 71b § 71c ODDÍL DRUHÝ § 72 § 73 § 74 § 74a § 75 § 76 § 77 § 78 § 79 § 80 § 80a § 80b § 80c § 80d § 80e § 80f § 80g § 80ga § 80gb § 80gc § 80gd § 80h § 80i ODDÍL TŘETÍ § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 § 89 § 89a § 89b § 89c ODDÍL ČTVRTÝ § 90 § 91 § 92 § 93 § 94 § 94a ČÁST SEDMÁ § 94b § 94c § 94d § 94e ČÁST OSMÁ § 95 § 95a § 96 § 97 § 98 § 99 § 100 § 101 § 103 § 104 § 105 ČÁST DEVÁTÁ § 106 § 107 § 108 § 109 ČÁST DESÁTÁ Oddíl 1 § 109g § 109h Oddíl 2 § 109i ČÁST JEDENÁCTÁ § 109j ČÁST DVANÁCTÁ § 110 § 111 § 112 § 113 § 114 § 115 § 116
358
THE LAW
Czech National Council
of 7 May 1992
on notaries and their activities (notarial order)
The Czech National Council decided on this law:

ČÁST PRVNÍ

BASIC PROVISIONS
§ 1
(1) A notary is a natural person meeting the requirements of this Act, which has been entrusted by the State to the notarial office.
(2) The notaries' office means a set of powers to exercise notaries and other activities laid down by law (hereinafter referred to as "notaries' activities') permanently linked to the place of activity.
§ 2
The act of notaries shall mean the drawing up of public documents on legal proceedings, the certification of legal matters and declarations, the acceptance of documents and money into notarial custody ("notarial activity '). The notary shall perform his notary activities impartially.
§ 3
(1) The notary may provide the following legal services in relation to notarial activities in the context of further activities:
(a) to give legal advice and to represent natural and legal persons and in proceedings before public authorities; before the courts only in proceedings under Part Five of the Civil Code, in public registers and in cases under the Law on special legal proceedings with the exception of:
1. the proceedings concerning the estate in which the judicial commissioner operates,
2. Capital market proceedings,
3. Procedure for prior consent to conduct an investigation into competition matters,
4. the procedure for replacing the consent of the representative of the Czech Bar Association with the content of documents,
5. Proceedings for the performance of obligations under the European Court of Human Rights preliminary measures,
6. proceedings for the sale of the pledge,
7. proceedings in matters of family law, except for the treatment of minors and the enforcement of judgments in matters of the care of minors; and
(b) drawing up private documents and processing legal analyses.
(2) A notary may exercise management of property and represent him in this context.
(3) The notary may also perform the function of insolvency administrator, interim insolvency administrator, representative of insolvency administrator, separate insolvency administrator and special insolvency administrator in insolvency proceedings.
§ 4
In the course of another activity, the notary also carries out another activity, if provided for by this law or special law.2) Where there is another activity of making entries in the Register of Securities, Public Register or Public List, it shall be considered as a notarial activity; This also applies to the making of entries in the register under a specific legislation.
§ 5
(1) The notary's activities shall be performed by a notary for consideration and shall be independent in the performance of the notary's activities, unless a special law provides otherwise in the notary's activities under Article 4.
(2) The activities of a notary are incompatible with other gainful activities except the management of their own assets. However, a notary may perform the duties of a Member, Senator or representative of the municipal or regional council and, in return for payment, the activities of a scientific, publishing, pedagogical, interpretation, expert, artistic and advisory bodies of the Government, ministries, other central government bodies and self-government bodies, and of a registered mediator under the Mediation Act.
§ 6
(1) Notary entries and copies thereof, extracts from notarial entries and, under this law, documents of verification (hereinafter referred to as "notarial documents") are public documents if they comply with the requirements laid down by this law.
(2) The notarial documents under this Act are written in paper form; If this law so provides, it may also be written in electronic form. Public documents drawn up by a notary under a specific legislation may be written in paper or electronic form, except for the drawing up of public documents under the Act on certain measures against the legalisation of proceeds from crime and terrorist financing.

ČÁST DRUHÁ

_

ODDÍL PRVNÍ

NOTICE AND NOTICE AUTHORITY
§ 7
(1) A national citizen of a Member State of the European Union, of another State forming the European Economic Area or of the Swiss Confederation may be appointed a notary who:
(a) is fully competent;
b) obtained a university degree in law
1. in the Master's study programme law and legal science by studying at a university in the Czech Republic; or
2. study at a university abroad, where such education is recognised as equivalent in the Czech Republic as referred to in point 1 on the basis of an international agreement which the Czech Republic is bound by, or where such education has been recognised under special legislation, and at the same time corresponds to the content and scope of general education which can be obtained in the Master's study programme by law and legal science in the field of law at a university in the Czech Republic,
(c) is righteous;
(d) carry out at least five years of notarial practice; and
e) passed a notarial exam.
(2) Notary practice means the practice of a notary, a notary candidate and a notary associate under this law and the practice of a notary and a notary candidate under the former rules. In the notarial practice of the Notary Chamber of the Czech Republic (hereinafter referred to as "the Chamber"), the practice of a judge, prosecutor, prosecutor, lawyer, commercial lawyer, court executor, judge of the Constitutional Court, assistant judge of the Constitutional Court or Supreme Court and Supreme Administrative Court, executive candidate, judicial candidate, judicial candidate, assistant judge, assistant Ombudsman, assistant prosecutor, assistant prosecutor of the Prosecutor's Office, legal candidate of the Prosecutor's Office, lawyer of the Public Prosecutor's Office, lawyer of the Prosecutor's Office of the Law, executive associate or legal practitioner of a commercial lawyer, employee of the Ministry of Justice (hereinafter referred to as "Ministry" the Ministry "), who has obtained a higher education in the field of law in the field of law of medicine and who is involved in the drafting of general statutory law; The Minister of Justice, hereinafter referred to as" the Minister ', may, on a proposal from the Chamber from another legal practice, count a maximum of 2 years.
(3) A notarial test means a notarial test under this law and a notarial test under previous regulations. The person who passed the notarial examination shall also be considered to have passed the professional judicial examination, the judicial examination, the uniform judicial examination, the uniform judicial and legal examination, the prosecutor's examination, the professional final examination of the legal practitioners, the bar examination, the executive examination and the professional examination for a commercial lawyer.
§ 8
(1) The notary is appointed by the Minister on a proposal from the Chamber to the notary office.
(2) The number of notarial offices in each district court shall be determined by the Minister after the Chamber's observations.
(3) The notarial office shall establish and abolish the Minister after the Chamber has expressed its observations. The notarial office shall be designated by the name and surname of the notary in the district court.
(4) The seat of the notarial office shall be the seat of the district court in whose district it was established. The notary may, with the agreement of the notary chamber concerned, change the seat of the notary office within the district court.
(5) The notarial office may be revoked only if the notary appointed to the notarial office has been revoked or died.
(6) The Chamber shall submit the proposal referred to in paragraph 1 on the basis of the results of the bankruptcy which it declares and organises. The Chamber shall put into bankruptcy on the basis of an application by anyone who fulfils the conditions set out in Paragraph 7 (1).
§ 9
(1) The requirement to start a notary is
(a) appointment as notary,
(b) the composition of the promise in the hands of the Minister, if he has not already taken the promise,
(c) the acquisition of an official stamp of a notary;
(d) the conclusion of an indemnity insurance contract which could arise in connection with this activity.
(2) The promise is:
"I promise in my honour and conscience that, in the work of the notary, I will maintain constitutional and other laws and generally binding laws and I will remain silent. In notarial activities I will proceed impartially and independently."
(3) The official stamp of the notary shall contain:
(a) his name, surname or academic title, if any;
(b) the designation "notary,"
(c) the registered office of the notarial office;
(d) a small national emblem of the Czech Republic.
§ 10
(1) The Minister may suspend the notary's activities if:
(a) criminal proceedings have been brought against him for an intentional offence or for an offence relating to the activities of a notary until the final end of the criminal proceedings;
(b) proceedings have been initiated to restrict the competence of the notary until the final decision terminating the proceedings has been taken;
(c) the procedure laid down in Paragraph 51 has been followed.
(2) The Minister will suspend the notary's activities
(a) for the duration of the sentence of imprisonment, if there are no grounds for its removal;
(b) for the duration of an activity incompatible with that of a notary, but not more than four years.
§ 11
The Minister will call off the notary
(a) at his request,
(b) if he refuses to make a promise,
(c) on 31 December of the calendar year in which it reaches 70 years;
(d) if the citizenship of a Member State of the European Union, of another State constituting the European Economic Area or of the Swiss Confederation has ceased,
(e) where it has been restricted in its own right,
(f) where he has been convicted of an intentional offence or of an offence committed in connection with the activities of a notary;
(g) if his indemnity insurance has expired pursuant to § 9 (1) (d) and the notary does not renew it, despite the notice of the notary chamber (§ 29),
(h) if the notary, three months after the composition of the promise or from the date of its appointment, has taken up the promise before his appointment, without any serious reason, not to begin to act as notary,
(i) where it has been established by a final decision of the disciplinary committee that his health does not allow him to perform the duties of notary on a permanent basis;
(j) where he carries out an activity incompatible with that of a notary for a continuous period of more than 4 years.
§ 12
(1) The notary's seat is the seat of the notary's office to which he was appointed. In his seat, a notary for the activities of a notary shall set up a notary office, registered in the notary record kept by the notary chamber.
(2) The notary may introduce official days outside the notary office and outside his registered office. The establishment of an official day and its cancellation shall be required to notify the Chamber and the notarial chamber in whose district it has its seat. The Chamber and the notary chamber shall keep a register of established official days and a record of their cancellation.
§ 13
(1) The notary usually carries out the activities of a notary in a notary's office and during official days also at the place where they are held. The notary can perform individual tasks in another place. In another place, the notary shall perform a single act if necessary.
(2) Notaries who are members of the same notarial chamber and notaries who have the same registered office may be brought together as members for the purpose of joint activities of the notary or for the common purpose of the case. The contract which the notary undertakes to organise for the purpose of joint activity of the notary shall be in writing.
(3) Notaries who have joined together as partners in accordance with paragraph 2 for the purpose of the joint activity of a notary ("notary") shall represent each other in the activities of a notary. When representing a notary, a member shall carry out the activities of a notary on behalf of the represented notary of the member. It shall sign with its name, indicating which notary the partner represents. He's using his official notary stamp.
(4) Notary associates are obliged to notify the chamber and the notary chamber of which they are members in order to carry out the notary's activities jointly. The notification obligation also applies to the company's disappearance; If the notaries of the partners are more than two, even if the notary of the partner is removed from the company.

ODDÍL DRUHÝ

REPRESENTATIVES AND REPRESENTATIVES
§ 14
(1) If the notary does not perform the duties of notary for more than one month and is not represented by a notary partner or notary candidate (hereinafter referred to as "candidate") pursuant to § 24, the notary chamber of which he is a member shall appoint a representative and decide on the amount of the representative's share of the notary's remuneration. This decision may be appealed to the judicity.3)
(2) The notarial chamber shall appoint a representative from among the candidates in the service at the notary, if not among the notaries established within the district of the district court, whose perimeter is the seat of the notary to whom the representative is appointed, or candidates from among them in the service, and if they are not, or if none of them does not agree with their provisions, or is not agreed by a third sentence to the provisions of any candidate, then from among other notaries who are members of the notarial chamber. The appointment of a representative shall require his written consent. The appointment of a candidate representative shall also require the written consent of the notary with whom the candidate is in employment.
(3) The notary chamber shall appoint a representative to the notary without undue delay upon his proposal if it is submitted before the expiry of the period referred to in paragraph 1; if not submitted, it shall, on its own motion, know that the notary has not performed the notary's activities for the period referred to in paragraph 1.
(4) Where a notary has died or has been removed, the notary chamber of which he was a member or, in the case of the procedure referred to in paragraph 5, the Chamber shall appoint an alternate notary (hereinafter referred to as "the alternate ') for the period when the notary office is released. The replacement shall be established mutatis mutandis for the period of suspension of the activities of the notary in accordance with Section 10. The appointment of an alternate shall require his written consent.
(5) The alternate shall be appointed by the notary chamber of notaries established within the perimeter of the district court in whose district the seat of the vacant notary office is situated; if none of them agree with their provisions, from among other notaries who are members thereof. If no such notary agrees with its provision, he shall appoint an alternate of any notary of the Chamber.
§ 15
(1) Where a candidate is appointed as a representative, the composition of the pledge in the hands of the Minister (§ 9 (2)) shall be a prerequisite for his activities as notary, unless he has already made a promise.
(2) Furthermore, the possibility of carrying out the activities of a notary by an alternate is to conclude an injury insurance contract which could arise in connection with that activity.
§ 16
(1) The representative shall represent the notary in the performance of the duties of the notary in particular in acts which cannot be delayed. It shall carry out this activity on behalf of the representative notary. It shall sign with its name, indicating which notary it represents. If the representative is a notary, he shall use his official stamp as a notary. If he is a candidate, he shall use the official stamp of the notary he represents. The representative notary may not, at the time of representation, engage in the activities of the notary.
(2) The alternate shall act on his behalf as notary; it shall carry out such activities in particular in acts which do not bear a delay.

ODDÍL TŘETÍ

_
Notary associate
§ 17
(1) The notarial associate (hereinafter referred to as the "associate") is the one included in the list of notarial associates.
(2) The list of notarial associates is kept by a notarial chamber in the district of which the notary has his seat, where the associate is employed.
§ 18
(1) Within two months of the date of receipt of the written application, the notarial chamber shall register any person who:
(a) is a national of a Member State of the European Union, of another State constituting the European Economic Area or of the Swiss Confederation;
(b) is fully competent;
c) obtained a university degree in law
1. in the Master's study programme law and legal science by studying at a university in the Czech Republic; or
2. study at a university abroad, where such education is recognised as equivalent in the Czech Republic as referred to in point 1 on the basis of an international agreement which the Czech Republic is bound by, or where such education has been recognised under special legislation, and at the same time corresponds to the content and scope of general education which can be obtained in the Master's study programme by law and legal science in the field of law at a university in the Czech Republic,
(d) is fair, and
(e) is in employment with a notary.
(2) The notaries' Chamber shall notify the associate and notary of the implementation of the registration referred to in paragraph 1 in respect of which the associate is engaged.
(3) He who has not been included in the list of notarial associates at the time laid down has the right to seek registration by a court.
§ 19
The notary may entrust the clerk in writing with:
(a) by issuing copies, copies or certified copies and extracts from notarial entries, issuing certificates pursuant to Article 94, verifying the conformity of copies or copies (hereinafter referred to as "copies") with the instrument (hereinafter referred to as "visions"), verifying the authenticity of the signature (hereinafter referred to as "legalisation") with the exception of vision and legalisation in relation to abroad, issuing certified outputs from the public administration's information system pursuant to the special legislation2a), issuing copies or certificates from the register of legal acts on death pursuant to Article 35c (3), issuing copies, issuing extracts or certificates from the register of penalties, implementing the authorised conformation of documents, executing copies pursuant to Article 35i (1), issuing copies or certificates from the list of matrimonial documents,
(b) individual actions in operation pursuant to Article 3 (1);
(c) preparatory and partial actions of the activities referred to in Articles 2 and 3 (2);
(d) the performance of further operations or activities, where provided for by this law or specific legislation.
§ 20
(1) The notary chamber will remove from the list of notarial associates,
(a) who died or who was declared dead;
(b) who has lost citizenship of a Member State of the European Union, of another State constituting the European Economic Area or of the Swiss Confederation;
(c) who has been restricted in their own right,
(d) who has been convicted of an intentional offence or of an offence committed in connection with the activities of the associate;
(e) who has requested in writing the notarial chamber to be removed from this list,
(f) who has ended up having a job with a notary and has not entered into a job with a notary having its head office in the perimeter of that notary chamber within three months of the end of the previous job with a notary;
(g) who has been included in the list of notarial candidates.
(2) The notarial chamber shall notify the removal referred to in paragraph 1 to the associate and notary in respect of whom the associate is employed.
(3) Whoever has been removed from the list of notarial associates has the right to seek protection in court.
Notary candidate
§ 21
(1) The candidate is the one who is included in the list of notarial candidates.
(2) The list of notarial candidates is kept by a notarial chamber in whose district a notary is based, where the candidate is in employment.
§ 22
(1) Within two months of the date of receipt of the written request, the notarial chamber shall enter in the list of notarial candidates of anyone who:
(a) meets the conditions laid down in Paragraph 18 (1);
(b) carry out at least three years of notarial practice (§ 7 (2)); and
c) passed a notarial exam.
(2) Any person who fulfils the conditions laid down in paragraph 1 (a) and (b) must be admitted to the notarial test. Notary tests shall be carried out at least once a year.
(3) In the time of the associate's notarial practice, leave drawn during the period of that practice shall be counted. If the associate does not carry out notarial practice due to obstacles to his or her work or to his / her excused absence of work, he / she shall be counted against the period of notarial practice not exceeding 70 working days in each year.
(4) The notaries shall notify the conduct of the minutes referred to in paragraph 1 to the candidate and notary with whom the candidate is in employment.
(5) He who has not been included in the list of notarial candidates at the time laid down has the right to seek registration by a court.
§ 23
The notary may entrust the candidate in writing
(a) drawing up notarial minutes on legal proceedings, unless the form of notarial minutes is provided for in a specific law, drawing up notarial minutes pursuant to § 71b, certification of legally relevant facts and declarations, not including certification of decisions of the legal person's authorities and the implementation of specific acts, issuing copies, copies or certified copies and extracts of notarial entries, issuing copies or certificates of certificates of matrimonial property pursuant to § 35l (2), issuing extracts from records, issuing certified extracts from the public administration's information system pursuant to § 35i (2a), issuing copies or certificates of certificates of certificates of registration of legal proceedings pursuant to § 35c (3), issuing copies, issuing of copies, extracts or extracts from the register of official documents pursuant to § 35i (1), issuing copies or certificates of certificates of certificates of certificates of certificates of certificates of certificates of matrimonies of matrimonal property pursuant to § 35c (3);
(b) preparatory and partial actions in other notarial activities;
(c) carrying out the activity referred to in Article 3 (1);
(d) individual actions in operation pursuant to Article 3 (2);
(e) the performance of further operations or activities, where provided for by this law or specific legislation.
§ 24
(1) A candidate may be appointed by the appropriate notary chamber, on the basis of a proposal from a notary with whom he is in employment, to represent him in the performance of the notary's activities, with the exception of that referred to in Article 3 (3). The candidate shall carry out this activity on behalf of the representative notary, sign on his behalf and use the official stamp of the notary he represents. Paragraph 15 (1) shall apply mutatis mutandis to such representation. The notary chamber shall cancel the provisions of the candidate by the representative, on the basis of a proposal from the notary or appointed candidate. The notary chamber shall, on a proposal from the notary, cancel the provisions of the candidate by the representative.
(2) If the notary does not carry out the notary's activities for more than one month, the notary's competent chamber shall decide on the amount of the candidate appointed by the representative in accordance with paragraph 1 in respect of the notary's remuneration. This decision may be appealed to the judicity.3)
§ 25
(1) The notary chamber shall remove the candidate from the list of notarial candidates for the reasons set out in § 20 (1) (a) to (f).
(2) The notaries shall notify the removal referred to in paragraph 1 to the candidate and notary for whom the candidate is in employment.
(3) Whoever has been removed from the list of notarial candidates has the right to seek protection in court.
§ 26
Other notary staff
(1) The notary may entrust in writing to other staff working with him preparatory and part-time staff in accordance with Sections 2 and 3. If these staff have passed a qualification test, the notary may entrust them with the activities defined in Section 19, except for individual acts under Section 3 (1).
(2) A further notary worker who has been employed at a notary or at a public notary for at least 1 year shall be admitted to the qualification test. The notaries' chamber may, until that time, account for the period during which the worker was employed in a court, lawyer, district attorney's association or commercial lawyer.
(3) The qualification test shall also be considered to be a professional and other similar test composed of staff of state notaries in accordance with previous regulations. The notaries' chamber may recognise a professional or other similar examination by officials of courts, lawyers, regional associations of lawyers or commercial lawyers as a qualification test under this law.
Common provisions
§ 27
(1) The activities of the notary's staff under his mandate pursuant to Sections 19, 23 and 26 (1) shall be considered as activities of the notary.
(2) In carrying out this activity, the worker shall sign on his behalf and use the official stamp of the notary.
§ 28
(1) The notary is required to conclude a contract of insurance of his liability for damage to workers in the performance of his duties or in direct connection with them, unless otherwise provided by the Special Law. The insurance must last as long as the notary employs workers.
(2) Labour relations between a notary and his staff are governed by the Labour Code.

ČÁST TŘETÍ

NOTIARY AUTONOMOUS

ODDÍL PRVNÍ

NOTARY COMPANY
§ 29
(1) The notarial chamber is established in the district of each county court and in the district of the municipal court in Prague.
(2) Circuits and offices of notarial chambers are the same as those of regional courts.
(3) The district and seat of the notarial chamber for the capital city of Prague coincides with the district and seat of the municipal court in Prague.
(4) The notary chamber brings together all notaries based in its perimeter. The notary becomes a member of the notary chamber on the day of his appointment as notary. Membership in the notarial chamber shall cease by its appeal or death.
(5) The notarial chamber is a legal person. Its revenue shall consist of membership contributions, gifts and other revenue. Members' contributions shall be paid by notaries at the level specified by the college of notaries (hereinafter referred to as "the College ').
§ 30
The notary chamber shall have the following organs:
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Regulation Information

CitationAct of the Czech National Council No. 358 / 1992 Coll., on notaries and their activities (notarial order)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation07.07.1992
Effective from01.01.1993
Effective until-
Status Valid
The regulation text is for informational purposes only.

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