Decree No. 366 / 2009 Coll.

Decree amending Decree No. 329 / 2008 Coll., on the Central Record of Executions, as amended by Decree No. 426 / 2008 Coll.

Valid Order Effective from 01.11.2009
366
DECLARATION
of 15 October 2009
amending Decree No. 329 / 2008 Coll., on central records of execution, as amended by Decree No. 426 / 2008 Coll.
According to § 131 (d) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws:
Čl. I
Decree No. 329 / 2008 Coll., on central records of executions, as amended by Decree No. 426 / 2008 Coll., is amended as follows:
1. In Article 1 (2), the words "and to enter 'and the words" and to delete the data from the register' shall be inserted after the words "(hereinafter referred to as" registration ')'.
2. In Article 1 (3), the words "(a) and (b) 'shall be inserted after the words" Article 125 (1)'.
3. in Article 2 (2) (a), the words "or the executor" shall be inserted after the word "court."
4. The following Section 2a is inserted after Section 2, including footnote 1:
„§ 2a
An auction decree under § 125 (1) (c) of the Rules of Enforcement, decisions amending those Regulations, notices of an auction year under § 125 (1) (d) of the Rules of Enforcement and amendments thereto shall be entered in the register in electronic form.
1) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended. '.
5. Paragraph 3 (1) reads as follows:
"(1) The entry of data from the decisions referred to in Article 125 (1) (a) or (b) of the Rules of Enforcement shall be made within 3 days after the executor has become aware of the legal power of those decisions and the entry of other data within 5 working days after the executor has become aware of them. The information referred to in Article 125 (1) (c) or (d) 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. ';
6. In Paragraph 3 (2), "deleted 'is replaced by" deleted'.
7. In Article 4 (1) of the Introductory Part of the provision, the words "and insertion 'and the words" registration' and the words "and removal from registration 'shall be inserted after the words" and entries'.
8. Paragraph 5 (1) reads as follows:
"(1) The chamber shall be remunerated for each provision of electronic data from the register, if the execution order so provides. 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.“.
Čl. II
Transitional provisions
1. For the calculation of the remuneration pursuant to Article 5 (1) of Decree No. 329 / 2008 Coll. as effective from the date of entry into force of the decree, the electronic data provided by the central record of the execution of the decree shall not be counted until the date of entry into force of the decree.
2. The executor shall enter in the register no later than 1 month after the date of entry into force of this Order the information referred to in Article 2a if the auction order or notice of the auction year was issued before the date of entry into force of that decree and the auction act was ordered or the auction year was notified on the day following the date of entry into force of that decree.
Čl. III
Efficacy
This Decree shall take effect on 1 November 2009.
Minister:
JUDr. Kovářová v. r.

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Regulation Information

CitationDecree No. 366 / 2009 Coll., amending Decree No. 329 / 2008 Coll., on central records of executions, as amended by Decree No. 426 / 2008 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation26.10.2009
Effective from01.11.2009
Effective until-
Status Valid
The regulation text is for informational purposes only.
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