Decree No. 392 / 2008 Coll.
Decree amending Decree No. 250 / 2005 Coll., on binding forms for submission of applications for registration in the Commercial Register
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Order
Effective from 30.10.2008
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30.10.2008
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392
DECLARATION
of 14 October 2008
amending Decree No. 250 / 2005 Coll., on binding forms for submission of applications for registration
According to § 32 (4) of Act No. 513 / 1991 Coll., the Commercial Code, as amended, provides for:
Decree No. 250 / 2005 Coll., on binding forms for submission of applications for registration in the Commercial Register ("the Order ') is amended as follows:
1. In Section 2, the following sentence is inserted after the first sentence: "In the summary of Annexes No 15 to 19 to this Decree, a list of the attached documents (annexes) is included to illustrate the registration of the transformation of a company or cooperative and a European cooperative company into a commercial register."
2. The following paragraph is inserted after the paragraph entitled "Capital 'in the Summary of Annexes to Form 1 of the Order:
"Right of redemption of participating securities
The application for registration of the right to purchase the participating securities of a public limited liability company under Section 183i and the following Commercial Code shall be accompanied by the following documents:
(a) a notarial record of the order of the general meeting of a public limited company under Section 183i of the Commercial Code,
(b) proof that the principal shareholder has transferred funds to the bank or the securities dealer at the amount required to pay the consideration. ";
(3) The summary of Annexes 15 (common to forms 1 to 12) to the application for registration of transfers of legal persons (change of legal form, merger, division, transfer of capital to a shareholder) and the compulsory redemption shall be deleted.
4. the following Annexes 15 to 19 are inserted after the current "Summary of Annexes to Form 13 of the deleted natural or legal person registered ':
"Summary of Annexes No 15 (common to forms 1, 2, 5, 6, 9, 10 and 12) on the application for registration of a national merger:
The facts recorded in the case of a national merger of a commercial company or cooperative and a European cooperative company ("cooperative ') shall be evidenced by:
(a) a copy of the notarial registration proving the merger decision,
1. in the case of the merger of a public commercial company or a limited partnership, a copy of the notarial record of the consent of each member to the merger pursuant to Article 16 (2) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives,
2. in the case of the merger of a company with a limited copy of the notarial note of the decision of the General Assembly on the merger pursuant to Article 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or, where applicable, a copy of the notarial note of the agreement of the member or members of the merger with the non-general meeting, together with a copy of the notice of the manager that the decision on the merger was taken pursuant to Sections 18 (2) and 19 (1) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or, where applicable, Article 130 of the Commercial Code,
3. in the case of the merger of a public limited company or a European company, a copy of the notarial registration of the decision of the general meeting pursuant to Article 21 (4) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives, or a copy of the notarial registration of the decision of the board of the acquiring public limited company on the merger pursuant to § 129, 132 and 133 of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, or a copy of the notarial registration of the decision of the board of the merging public limited company pursuant to § 132 and 133 of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, together with the statement of the board of directors of the general meeting of directors,
4. in the case of the merger of the cooperative, a copy of the notarial record of the decision of the member meeting (assembly of delegates) of the cooperative on the merger pursuant to Article 23 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
(b) a copy or an officially certified copy of the consent of a public authority under the Czech law or under the directly applicable regulation of the European Communities with a merger pursuant to Article 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where required, or a declaration by the person involved in the merger that the presumption of consent of such an authority under Article 15 (4) of the Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, has arisen;
(c) the final accounts of the participating company or cooperative pursuant to § 11 (1) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report if such verification is required;
(d) the interim accounts of the participating trading company or cooperative pursuant to Article 11 (2) of Act No. 125 / 2008 Coll., on the transformation of trading companies and cooperatives, if required, and the audit report on its verification if such verification is required;
(e) the opening balance sheet of the successor trading company or cooperative pursuant to Article 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report on its verification if such verification is required;
(f) proof of the provision of a guarantee to the creditor of the participating company or cooperative pursuant to Article 35 (3) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, where the law requires it to be provided, or a declaration by the participating company or cooperative that the right to provide a guarantee has not been exercised;
(g) if the company or cooperative is removed from the business register as a result of the merger, the agreement of the tax administrator with the deletion of the company or cooperative that has been acquired from the business register pursuant to Article 35 (2) of Act No. 337 / 1992 Coll., on the administration of taxes and charges, as amended,
(h) where, in connection with the merger of persons who are a statutory authority or a member thereof, or persons who are members of the Supervisory Board, the Management Board or the Audit Committee, documents proving compliance with the conditions for the performance of the duties set out in the schedule of annexes to forms 1, 2, 5, 9, 10 and 12 are recorded;
(i) where, in connection with the merger of persons who are entitled to act on behalf of a successor trading company or cooperative, the signatures of such persons are registered in accordance with Article 38i (2) of the Commercial Code;
(j) if other persons are registered in connection with the merger in the context of the registration of the acquiring trading company or cooperative as well as other persons, the written consent of those persons pursuant to Article 31 (3) of the Commercial Code,
(k) where, in the context of a merger, the subject matter of the business (s) of the acquiring trading company or cooperative is recorded or amended, documents certifying the activity to be registered under Paragraph 37 of the Commercial Code, unless such information is identifiable from public information systems or parts thereof which are public registers, registers or lists;
(l) if, in connection with the merger, the registered office of the acquiring trading company or cooperative or its amendment is registered, the documents proving the location of the registered office as shown in the summary of the annexes to forms 1, 2, 5, 9, 10 and 12,
(m) if the party to the merger is a debtor in respect of which insolvency proceedings are pending, the court's decision to approve the restructuring plan pursuant to Article 5 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and Article 348 of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended,
(n) in the case of the merger of a public limited company or a limited company, an expert's assessment of the assets of the acquired limited company or a public limited company pursuant to § 73, § 90 (2) and § 135 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, unless it is part of the expert report on the merger, in which case the expert report on the merger is attached,
(o) where, in connection with the merger, the registration of a lien in a commercial interest is proposed pursuant to § 42 of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, documents proving the cessation of the business share or shares to be exchanged for a business share, the registration which is proposed to stop,
(p) for the merger of a public limited liability company, proof that the public limited liability company has transferred the funds needed to pay the sums paid to the person entrusted pursuant to § 107 (2) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives,
(q) if the acquiring company is a public limited liability company, proof that the listed paper shares needed for the exchange of both the shareholders of the merging companies and the shareholders of the acquiring public limited liability company have been transferred to the entrusted person under Section 138 of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives,
(r) if the acquiring company is a public limited liability company, proof of receipt of the application to the CSD or, where applicable, the Securities Centre, pursuant to Section 143 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, on the issue of shares needed for the exchange of shares for the members of the merging companies or on the receipt of information on the change in the shares of the shareholders of the acquiring public limited liability company, if the shares are issued or amended,
(s) in the case of the merger of a public limited company as a company being acquired into a acquiring company with a liability limited to the company being acquired, that none of the shareholders had the right to withdraw from the public limited liability company or that none of the eligible shareholders had exercised the right to withdraw from the public limited liability company pursuant to § 159 of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, or documents proving the withdrawal of the shareholder from the public limited liability company;
(t) if, in connection with the merger, a split plant is deleted or changes relating to such a split plant are recorded, the documents attached to the application for registration of the split plant, as set out in the list of annexes to form 6;
(u) If a member of a public company, a limited company or a limited liability company has surrendered to an exchange right pursuant to § 7 (b) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, after publication of the merger project pursuant to § 33 (a) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives, one of the instruments proving the waiver of the right referred to in § 9 (1) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or a declaration by any interested public company, limited company or company that no member of the right to exchange has surrendered.
Summary of Annexes No 16: (common to forms 1, 2, 5, 6, 9, 10 and 12) on the proposal for the registration of a cross-border merger of a limited liability company, a public limited company, a European cooperative company or a European cooperative company ("cross-border merger '), a merger of a European company or a merger of a European cooperative company (" transnational merger') and a cross-border merger of a public company and a limited partnership:
The facts recorded in the event of a multinational merger of a company or cooperative shall be evidenced by:
(a) if the transnational merger is registered and the successor legal person is established in the Czech Republic, or one of the existing legal persons is established in the Czech Republic
1. the notary's certificate pursuant to § 210 or, as the case may be, § 208 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, or pursuant to § 18a or § 16 of Act No. 627 / 2004 Coll., on the European Company, as amended, or pursuant to § 19 or Article 17 of Act No. 307 / 2006 Coll., on the European Cooperative Society, as the latter,
2. where cross-border mergers are registered, certificates issued by the competent authorities of the Member States in which the foreign participating corporations have their registered office in accordance with the legislation governing cross-border mergers of those Member States, for each participating corporation, are one certificate under Section 212 (b) of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives,
3. if, in connection with the registration of the Czech successor company, the Czech company with limited liability is also deleted, the public limited company, European company or cooperative, a copy of the notarial registration of the merger, namely:
a. If the company is a Czech company with limited liability, a copy of the notarial note of the decision of the General Assembly on the merger pursuant to § 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial note of the agreement of the partner or members with the merger granted outside the general meeting, together with a copy of the notice of the Director that the decision of the merger was taken pursuant to § 18 (2) and § 19 (1) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or, where applicable, Article 130 of the Commercial Code, or, where applicable, the document of the act of the Director of the merger pursuant to Article 211 (c) of Law No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives,
b. If the company is a Czech joint stock company, a copy of the notarial record of the decision of the general meeting pursuant to § 21 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial note of the decision of the board of the acquiring public limited company or on the merger pursuant to § 133 and § 211 (c) of the Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or the divestment of shareholders pursuant to § 133 and § 211 (c) of the Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, together with the statement of the board of directors of the general meeting, that the shareholders did not apply for a general meeting pursuant to § 131 and 132 of Law No. 125 / 2008 Coll.
c. If the cooperative or the formation of a cooperative, a copy of the notarial record of the decision of the member meeting (assembly of delegates) of the cooperative on the merger pursuant to § 23 (3) of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives,
4. the final accounts of the Czech participating company or cooperative pursuant to § 11 (1) of Act No. 125 / 2008 Coll., on the Transformations of Companies and Cooperatives, and the audit report, if such verification is required,
5. the interim accounts of the Czech participating trading company or cooperative pursuant to Article 11 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, if required, and the audit report on its verification, if required,
6. the opening balance sheet of the successor trading company or cooperative pursuant to Article 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report on its verification if such verification is required;
7. in the case of a merger of a public limited company or a limited liability company, an expert's opinion on the valuation of the assets of a Czech acquired limited company or a public limited company pursuant to § 73, § 90 (2) and § 135 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, unless it is part of an expert report on the merger, in which case the expert report on the merger is attached, or the evidence of valuation required by the legal order governing the foreign participating corporation, unless such valuation is not required;
8. Where persons who are a statutory body or a member of a statutory body, or persons who are members of the Supervisory Board, the Management Board or the Audit Board, are registered in connection with a transnational merger, documents demonstrating compliance with the conditions for the performance of the duties set out in the schedule of annexes to forms 1, 2, 9 and 12, unless they have been requested and checked by a notary pursuant to § 208 (4) or § 210 (4) of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives,
9. if other persons are registered in connection with the transnational merger in the context of the registration of the successor company or cooperative as well as other persons, the written consent of those persons pursuant to § 31 (3) of the Commercial Code, unless it has been requested and checked by a notary pursuant to § 208 (4) or § 210 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
10. where, in connection with the transnational merger, the subject matter of the business (s) of the acquiring trading company or cooperative is registered or amended, documents certifying the activity to be registered under Section 37 of the Commercial Code, unless that information is identifiable from the information systems of the public administration or parts thereof which are public registers, registers or lists, unless they have been requested and checked by a notary pursuant to § 208 (4) or § 210 (4) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives;
11. if, in the context of a transnational merger, the registered office of the successor trading company or cooperative is registered or amended, the documents proving the location of the registered office listed in the schedule of annexes to forms 1, 2, 9 and 12, unless they have been requested and checked by a notary pursuant to § 208 (4) or § 210 (4) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives,
12. where persons who are entitled to act on behalf of a successor trading company or cooperative are registered in connection with a transnational merger, the signatures of such persons shall be in accordance with Article 38i (2) of the Commercial Code,
13. if the merger in the creation of a European company which has a monastic structure is recorded, a document showing that the governing board of a European company has decided, pursuant to Article 35 (2) of Act No 627 / 2004 Coll., on a European company, as amended, that the European company will be managed by the chairman of the Director-General or by another Director-General, if such a decision has been taken before the submission of the application for registration, or a statement by the Chairman of the Management Board that such a decision has not yet been taken by the Management Board,
14. if the company's organisational component is removed from the Czech Commercial Register and registered as a fissile plant, the documents attached to the application for registration of the fissile plant are included in the list of annexes to Form 6,
15. if the company's organisational component is deleted from the Czech Commercial Register by a foreign corporation, the documents proving the cancellation of the foreign company's organisational component,
b) If transnational mergers are registered, none of the participating companies has their registered office in the Czech Republic and the successor legal person is to have its registered office in the Czech Republic
1. a notary certificate pursuant to Section 210 of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives, or under Section 18a of Act No. 627 / 2004 Coll., on European Society, as amended, or under Section 19 of Act No. 307 / 2006 Coll., on a European Cooperative Society, as amended,
2. if the registered cross-border mergers are carried out, the certificates issued by the competent authorities of the Member States in which the foreign participating corporations have their registered office in accordance with the laws governing the cross-border mergers of those Member States, for each of the participating corporations, are one certificate under Section 212 (b) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives,
3. the draft terms of merger;
4. the opening balance sheet of the successor trading company or cooperative pursuant to § 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report on its verification if such verification is required;
5. if the acquiring trading company is a limited liability company or a limited liability company, the expert's opinion on the valuation of the assets acquired by the foreign participating corporation or other evidence of valuation of its assets;
6. if, in connection with the transnational merger, persons who are a statutory body or a member thereof, or persons who are members of the Supervisory Board, the Management Board or the Audit Committee, are registered with evidence demonstrating compliance with the conditions for the performance of the duties set out in the schedule of annexes to forms 1, 2, 9 and 12, unless they have been requested and checked by a notary pursuant to Article 210 (4) of Act No 125 / 2008 Coll., on the conversion of companies and cooperatives,
7. if other persons are registered in connection with the transnational merger in the context of the registration of the successor trading company or cooperative as well as other persons, the written consent of those persons pursuant to § 31 (3) of the Commercial Code, unless it has been requested and checked by a notary pursuant to § 210 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
8. If, in the context of a transnational merger, the object of the business (s) of the acquiring company or cooperative is registered or amended, documents certifying the activity to be registered under Section 37 of the Commercial Code, unless this information is identifiable from the information systems of the public administration or parts thereof which are public registers, registers or lists, unless they have been requested and checked by a notary pursuant to Section 210 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
9. if, in the context of a transnational merger, the registered office of the successor trading company or cooperative is registered or amended, the documents proving the location of the registered office, which appear in the summary of the annexes to forms 1, 2, 9 and 12, unless they have been requested and checked by a notary pursuant to Article 210 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
10. Where persons authorised to act on behalf of a successor trading company or cooperative are registered in connection with a transnational merger, the signature of such persons shall be in accordance with Article 38i (2) of the Commercial Code,
(c) if a transnational merger is registered, the successor legal person shall have his registered office abroad and the existing legal person shall have its registered office in the Czech Republic, or the successor legal person shall have its registered office in the Czech Republic before the merger was merged
1. the notary certificate pursuant to § 208 of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives, or under § 16 of Act No. 627 / 2004 Coll., on European Society, as amended, or under § 17 of Act No. 307 / 2006 Coll., on European Cooperative Society, as amended,
2. a copy of the notarial record proving the decision to abolish the Czech company or cooperative, namely:
a. If the company being acquired is a Czech limited company or a successor company before the merger was merged by a Czech limited company, a copy of the notarial note of the decision of the general meeting on the merger pursuant to § 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial note of the agreement of the partner or members with the merger granted outside the general meeting, together with a copy of the notice of the manager that the decision of the merger was adopted pursuant to § 18 (2) and § 19 (1) of Act No. 125 / 2008 Coll., on the conversion of the commercial companies and cooperatives, or, where applicable, Article 130 of the Commercial Act, or, where applicable, the document of the decision of the director of the merger pursuant to § 211 (c) of Act No. 125 / 2008 Coll., on the transformation, the transformation of the company and cooperatives,
b. If the company being acquired is a Czech joint stock company or a successor trading company before the merger was a merger of a Czech joint stock company, a copy of the notarial record of the decision of the general meeting pursuant to § 21 paragraph 4 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial note of the decision of the board of the acquiring public limited company on the merger pursuant to § 133 and § 211 (c) of Act No. 125 / 2008 Coll., on the transformation of the board of companies and cooperatives, together with the statement of the board of directors of the general meeting, that the shareholders did not request for the meeting of the shareholders pursuant to § 131 and § 132 of Act No. 125 / 2008 Coll.
c. if the Czech cooperative or the successor cooperative were merged by the Czech cooperative before the merger, a copy of the notarial record of the decision of the member meeting (assembly of delegates) of the cooperative on the merger pursuant to § 23 paragraph 3 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
3. the final accounts of the Czech participating company or cooperative pursuant to § 11 (1) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report if such verification is required,
4. the interim accounts of the Czech participating company or cooperative pursuant to § 11 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, if required, and the audit report on its verification, if required,
5. if, as a result of the creation of a European company, a merger or a merger of a European cooperative company, a Czech participating public limited company or cooperative is deleted, a document certifying the registration of a European company or a European cooperative company in a foreign register,
6. where the registration of the organisational component of the holding of the successor foreign corporation is proposed, the documents listed in the schedule of Annexes No 7,
(d) if, pursuant to Section 189 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, the cross-border merger of a public company or a limited partnership, and some of the companies involved were located in the Czech Republic,
1. where the registration of a Czech public company or a limited partnership is concerned, the documents listed in the Schedule of Annexes No 15,
2. where the acquiring company is a Czech public commercial company or a limited partnership, a certificate issued to that effect by the competent authority of the Member State of which the foreign person is governed by law, that it has complied with the requirements laid down in the foreign legal order for registration of a merger abroad, or, failing that, a declaration by a foreign person that the authority of the Member State does not issue such a certificate and that it has complied with the requirements laid down in the foreign legal order for registration of a merger abroad,
3. if the removal of a Czech public commercial company or limited partnership is carried out and the successor is established abroad, the document proving the registration of the merger in the foreign register,
4. if the successor person is established abroad and, in the context of the deletion of the Czech public commercial company or limited partnership, the registration of the organisational component of the foreign company and the documents listed in the list of Annexes No 7 is proposed;
5. if the successor public commercial company or commuter company has its registered office in the Czech Republic and proposes to delete the organisational component of the enterprise of foreign stakeholders from the Czech Commercial Register and to register this component as a fissile plant, as well as the documents attached to the application for registration of the fissile plant, as set out in the list of annexes to form 6,
6. a copy or an officially certified copy of the consent of the public authority pursuant to the Czech law or to the directly applicable regulation of the European Communities with a merger pursuant to § 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where required, or a declaration by the person involved in the merger that the presumption of consent of such an authority has occurred pursuant to § 15 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
(e) if, pursuant to Article 189 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, the cross-border merger of a public company or a limited partnership, and none of the companies involved were located in the Czech Republic,
1. a certificate issued to that effect by the competent authority of the Member State under whose law the foreign person is governed, that he has complied with the requirements laid down in the foreign legal order for registration of a merger abroad, or, failing that, the declaration of a foreign person, that he has not issued such a certificate, and that he has complied with the requirements laid down in the foreign legal order for registration of a merger abroad,
2. if the foreign person concerned had a registered organisational component of the enterprise in the Czech Republic and if the registration of that branch as a split plant is proposed, the documents listed in the schedule of Annexes 6, otherwise the document proving the decision to cancel that branch,
3. the draft terms of merger;
4. the opening balance of the successor trading company pursuant to Article 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report on its verification if such verification is required,
5. signature models of persons who are entitled to act on behalf of the acquiring trading company pursuant to Article 38i (2) of the Commercial Code,
6. If, in connection with this merger, a successor company and other persons are registered, the written consent of those persons pursuant to Article 31 (3) of the Commercial Code,
7. a copy or an officially certified copy of the consent of the public authority pursuant to the Czech law or to the directly applicable regulation of the European Communities with a merger pursuant to § 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where necessary a declaration by the person involved in the merger that the presumption of consent of such an authority has occurred pursuant to § 15 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
8. Documents certifying the activity to be entered in the Commercial Register under Section 37 of the Commercial Code, unless such information is identifiable from the public administration information systems or parts thereof which are public registers, registers or lists,
9. Documents proving the location of the registered office as indicated in the schedule of annexes to forms 5 and 10;
f) If, pursuant to Section 189 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, Cross-border Merchant of a Public Commercial Company or Command Company, the Czech Republic has its registered office only in the company being acquired and the successor has its registered office abroad
1. the documents listed in the Schedule of Annexes No 15 in relation to the Czech company being acquired,
2. a certificate issued to that effect by the competent authority of the Member State in whose right the foreign person will be governed, that he has complied with the requirements laid down in the law of that State for the registration of a merger or, failing that, a declaration by the Czech company being acquired in the form of a notarial registration, that such a certificate is not issued by the authority of that Member State and that he has complied with the requirements laid down in the foreign legal order for the registration of a merger;
3. if the merger has already been registered in a foreign register, a document certifying the implementation of this registration or a declaration by the Czech company being acquired in the form of a notarial registration that the merger will be registered abroad only after the merger has been registered, or that such registration is not required under the law governing the successor;
4. where, in connection with the deletion of the Czech public commercial company or limited company, the registration of the organisational component of the foreign company is proposed, as well as the documents listed in the list of Annexes No 7.
Summary of Annexes No 17 (common to forms 1, 2, 5, 6, 9, 10 and 12) on the application for registration of the division:
The facts recorded in the case of the division of a company or cooperative shall be evidenced by:
(a) if the company or cooperative being acquired or divided has its registered office in the Czech Republic and the acquiring company or cooperative or the acquiring company or cooperatives have or will have its registered office in the Czech Republic
1. a copy of the notarial note proving the decision on division,
a. in the case of the division of a public commercial company or a limited partnership, a copy of the notarial record of the consent of each member to the division pursuant to Article 16 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
b. When dividing a company with a limited copy of the notarial record of the decision of the general meeting on division pursuant to § 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial record of the agreement of the member or members with the division granted outside the general meeting, together with a copy of the notice of the manager that the decision of division was taken pursuant to § 18 (2) and § 19 (1) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or, where applicable, § 130 of the Commercial Code,
c. In the division of a public limited company, a copy of the notarial record of the decision of the general meeting pursuant to § 21 (4) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or a copy of the notarial note of the consent of the shareholder or shareholders with a division with an uneven exchange rate granted outside the general meeting pursuant to § 22 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, including a copy of the notice of the Board of Directors of division with an uneven exchange rate of shares pursuant to § 22 (3) of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives;
d. in the division of the cooperative, a copy of the notarial note of the decision of the member meeting (assembly of delegates) of the cooperative on the division pursuant to § 23 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
2. a copy or an officially certified copy of the consent of the public authority pursuant to the Czech law or to the directly applicable regulation of the European Communities with a division pursuant to Article 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where necessary a declaration by the person involved in the division that the presumption of consent of such an authority has occurred pursuant to Article 15 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
3. the final accounts of the participating company or cooperative pursuant to Article 11 (1) of Act No. 125 / 2008 Coll., on the Transformations of Companies and Cooperatives, and the audit report, if such verification is required,
4. the interim accounts of the participating company or cooperative pursuant to Article 11 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, if required, and the audit report on its verification, if required,
5. the opening balance sheet of the successor trading company or cooperative or divided trading company or cooperative pursuant to Article 11 (3) of Act No. 125 / 2008 Coll., on the transformation of trading companies and cooperatives, and the audit report on its verification if such verification is required;
6. proof of the provision of a guarantee to the creditor of the participating trading company or cooperative pursuant to § 35 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where the law requires it to be provided, or a declaration by the participating trading company or cooperative that the right to provide a guarantee has not been exercised,
7. if the company or cooperative is removed from the commercial register as a result of the division, the agreement of the tax administrator to delete the company or cooperative from the commercial register pursuant to Article 35 (2) of Act No. 337 / 1992 Coll., on the administration of taxes and charges, as amended,
8. Where, in connection with the division of a person who is a statutory authority or a member thereof, or persons who are members of the Supervisory Board, the Management Board or the Audit Committee, documents proving compliance with the conditions for the performance of the duties set out in the schedule of annexes to forms 1, 2, 5, 9, 10 and 12 are registered,
9. Where, in connection with the division of a person who is entitled to act on behalf of a successor trading company or cooperative, the signatures of such persons are registered in accordance with Article 38i (2) of the Commercial Code,
10. If other persons are registered in the Commercial Register in connection with the division in the context of the registration of a trading company or cooperative as well as other persons, the written consent of those persons pursuant to Article 31 (3) of the Commercial Code,
11. where, in connection with the division of the business (activity) of a trading company or cooperative, documents certifying the activity to be entered in the business register pursuant to Article 37 of the Commercial Code are entered, unless such information is identifiable from public administration information systems or parts thereof which are public registers, registers or lists;
12. where, in connection with the division, the registered office of the successor trading company or cooperative is registered or amended, the documents proving the location of the registered office as shown in the schedule of annexes to forms 1, 2, 5, 9, 10 and 12,
13. if the debtor is a party to the division in respect of which insolvency proceedings are pending, the court's decision to approve the restructuring plan pursuant to Article 5 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and § 348 of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended,
14. in the division of a limited company or a limited liability company, the expert's opinion on the valuation of the assets of the acquired limited company or a limited company and its parts or part of the assets distributed to the company pursuant to § 253, § 282 (2) and § 307 in connection with § 135 (2) of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, unless it is part of the expert report on division, in which case an expert report on division is attached,
15. where, in connection with the division of the registration of the lien to the commercial interest pursuant to § 42 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, documents proving the cessation of the business share or shares to be exchanged for the business share, the registration of which is proposed to be stopped,
16. If the acquiring company is a public limited liability company, proof that the public limited liability company has transferred the funds necessary for the payment of the sums paid to the person entrusted pursuant to § 291 (2) in connection with § 107 (2) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives,
17. if the acquiring company is a joint-stock company, proof that the quoted paper shares needed for the exchange of both the members of the merging companies and the shareholders of the acquiring company have been transferred to the delegate pursuant to § 307 in custody of § 138 of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives,
18. If the acquiring company is a public limited liability company, proof of receipt of the application to the CSD or, where applicable, the Securities Centre in connection with § 143 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, on the issue of shares needed for the exchange of shares for members of the merging companies or on the receipt of information on the change in the shares of the shareholders of the acquiring public limited liability company, if the shares are issued or amended,
19. In the division of a public limited company, if the acquiring company is a limited company, a declaration by the company being acquired or distributed that no shareholder has been entitled to withdraw from the company or that none of the eligible shareholders has exercised the right to withdraw from the company pursuant to § 318 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, or documents proving the withdrawal of the shareholder from the company,
20. If a member of a public company, a limited company or a limited liability company has surrendered to an exchange right pursuant to Article 7 (b) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, after publication of the merger project pursuant to § 33 (a) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, one of the instruments proving the waiver of the right referred to in § 9 (1) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a declaration by any interested public company, limited company or liability company that no member of the right to exchange has surrendered;
(b) where at least one participating trading company or cooperative has its registered office in the Czech Republic, or at least one successor trading company or cooperative has or is to have its registered office in the Czech Republic, and at least one interested party has or is to have its registered office abroad, or at least one successor person has its registered office in the Czech Republic, and that person is established under the law of another Member State of the European Union or another State of the European Economic Area (hereinafter referred to as "Member State"), and at the same time has its registered office, central administration or principal establishment in a Member State (hereinafter referred to as "foreign person"), "
1. the instruments referred to in point (a) in relation to the Czech company or cooperative concerned or the Czech successor company or cooperative;
2. a certificate issued to that effect by the competent authority of the Member State under whose law the foreign person is governed, that he has complied with the requirements laid down in the law of that State for the registration of a division abroad, or, if that authority is not such an authority, that he has not issued such a certificate, and that he has complied with the requirements laid down in the foreign legal order for the registration of the division abroad,
3. where the division has already been entered in a foreign register, the document certifying that this registration or declaration of a foreign person is to be entered abroad only after the division has been entered in the commercial register, or that such registration is not required under the law governing the foreign person,
4. Documents proving that the competent authority of a foreign person has decided to split,
5. if the foreign person concerned had a registered organisational component of the enterprise in the Czech Republic and if the registration of that branch is proposed as a fissile plant, as well as the documents listed in the schedule of Annexes 6, otherwise evidence proving the decision to cancel that branch,
6. if the successor person is established abroad and, in the context of the deletion of the Czech commercial company or cooperative, the registration of the organisational component of the foreign enterprise is proposed, as well as the documents listed in the list of Annexes No 7,
(c) if no interested party has its registered office in the Czech Republic and at least one successor trading company or cooperative is to have its registered office in the Czech Republic,
1. a certificate issued to that effect by the competent authority of the Member State whose law the foreign person is governed by, that he has complied with the requirements laid down in the law of that State for the registration of a division abroad, or, if that authority is not such, a declaration by a foreign person, that such a certificate is not issued by the authority of that Member State and that he has complied with the requirements laid down in the foreign law for the registration of the division abroad,
2. if the division has already been entered in a foreign register, the document certifying that this registration or the declaration of a foreign person is to be entered abroad only after the division has been entered in the commercial register, or that such registration is not required under the law governing the foreign person,
3. Documents proving that the competent authority of a foreign person has decided to distribute,
4. the division project,
5. the opening balance sheet of the successor trading company or cooperative pursuant to § 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and the audit report on its verification if such verification is required;
6. signature models of persons who are entitled to act on behalf of a successor trading company or cooperative pursuant to § 38i (2) of the Commercial Code,
7. If other persons are registered in connection with this division in the context of the registration of a company or cooperative as well as other persons, the written consent of those persons pursuant to Article 31 (3) of the Commercial Code,
8. A copy or an officially certified copy of the consent of the public authority pursuant to the Czech law or to the directly applicable regulation of the European Communities with a division pursuant to § 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where necessary a declaration by the person involved in the division that the presumption of consent of such an authority has occurred pursuant to § 15 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
9. documents certifying the activity to be entered in the Commercial Register under Section 37 of the Commercial Code, unless such information is identifiable from public administration information systems or parts thereof which are public registers, registers or lists;
10. Documents proving the location of the registered office, as shown in the summary of the annexes to forms 1, 2, 5, 9, 10 and 12;
11. where, in connection with the division of a person who is a statutory authority or a member thereof, or persons who are members of the Supervisory Board, the Management Board or the Audit Committee, documents proving compliance with the conditions for the performance of the duties set out in the schedule of annexes to forms 1, 2, 5, 9, 10 and 12 are registered,
12. where the acquiring trading company is a limited liability company or a limited liability company, the expert's opinion on the valuation of the assets of the acquired foreign person or other evidence of the valuation of its assets;
13. where, in the context of the division of the registration of the lien in a commercial interest pursuant to § 42 of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, documents proving the cessation of the business share or shares to be exchanged for that share,
14. if the acquiring company is a joint-stock company, proof that the listed paper shares needed for the exchange of both the members of the merging companies and the shareholders of the acquiring company have been transferred to the delegate pursuant to § 307 in custody of § 138 of Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives,
15. if the acquiring company is a public limited company, proof of receipt of the application to the CSD or, where applicable, the Securities Centre pursuant to Section 307 in connection with Section 143 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, on the issue of shares needed for members of the acquiring company,
16. if the foreign interested party had a registered organisational component of the enterprise in the Czech Republic and if the registration of that organisational component as a fissile plant is proposed, the documents listed in the list of Annexes 6, otherwise evidence proving the decision to cancel that organisational component,
(d) in the Czech Republic only the company or cooperative being acquired is established and the successor persons are to have their registered office abroad
1. the instruments referred to in point (a) in respect of the Czech company or cooperative being acquired;
2. a certificate issued to that effect by the competent authority of the Member State whose law the foreign person will be governed by, that he has complied with the requirements laid down by the law of that State for the registration of the division, or, if that authority is not such, a declaration by the Czech company being acquired or a cooperative made in the form of a notarial registration, that he has not issued such a certificate and that he has complied with the requirements laid down by the foreign legal order for the registration of the division in a foreign register;
3. if the division has already been entered in a foreign register, the document certifying the implementation of this registration or the declaration of the Czech company or cooperative being acquired in the form of a notarial registration that the division will be registered abroad only after the division has been registered, or that such registration is not required under the law governing the successor;
4. where, in the context of the deletion of the Czech commercial company or cooperative, the registration of the organisational component of the foreign enterprise is proposed, as well as the documents listed in the summary of Annexes No 7.
Summary of Annexes 18 (common to forms 1, 5, 6, 9, 10 and 12) to the application for registration of the transfer of assets:
The facts recorded in the case of the transfer of assets to a shareholder shall be evidenced by:
(a) a copy of the notarial note proving the decision to abolish the company with the transfer of capital to the acquiring partner,
1. on the taking over of the assets of a public company or a limited partnership, a copy of the notarial note of the decision of a single public company shareholder pursuant to § 16 (2) and (3) and § 345 (1) of Act No. 125 / 2008 Coll., on the transformation of commercial companies and cooperatives, on the taking over of the assets of a public company or a single associate pursuant to § 16 (2) and (3) and § 348 (2) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives, on the taking over the assets of a limited company. If the acquiring member of a public commercial company or limited partnership is a Czech limited liability company, a European company, a cooperative company or a European cooperative company, this copy is a copy of the notarial note of the decision of the general meeting pursuant to § 17 (3) or § 21 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial note of the decision of the member meeting (assembly of delegates, if applicable) under § 23 (3) of the Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, or a copy of the notarial of the agreement of the member or members of the Czech company with the takeover of assets granted outside the general meeting, together with the copy of the notice of the court of the decision of the decision of the takeover, was adopted pursuant to Article 18 (2) and § 19 (1) of the Czech company. If the acquiring partner is a Czech public company or a limited partnership, this copy shall be a copy of the notarial note of the consent of each member of the public company or limited partnership with the acquisition of assets pursuant to § 16 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
2. on taking over the assets of the company with a limited copy of the notarial note of the decision of the General Assembly on the acquisition of the assets pursuant to Article 17 of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives, or a copy of the notarial note of the agreement of the member or members with the transfer of the assets granted outside the general meeting, together with a copy of the notice of the manager that the decision to take over the assets was taken pursuant to Sections 18 (2) and 19 (1) of Act No. 125 / 2008 Coll., on the conversion of commercial companies and cooperatives, or, where applicable, Article 130 of the Commercial Code,
3. when the assets of a public limited company are taken over, a copy of the notarial note of the decision of the general meeting pursuant to § 21 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
(b) documents proving that the competent authority of the acquiring partner has decided to take over the assets of a limited liability company or a public limited company;
1. if the acquiring partner is a Czech public commercial company or limited partnership, a copy of the notarial note of the consent of each shareholder to take over the assets pursuant to § 16 (2) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives,
2. if the acquiring partner is a limited liability company, a copy of the notarial note of the decision of the general meeting on the acquisition of assets pursuant to Article 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or, where applicable, a copy of the notarial note of the consent of the partner or members to take over assets granted outside the general meeting, together with a copy of the notice of the manager that the decision to take over the assets was taken in accordance with Sections 18 (2) and 19 (1) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or Section 130 of the Commercial Code,
3. if the acquiring member is a public limited company, a copy of the notarial note of the decision of the General Assembly on the takeover of the assets pursuant to Article 21 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
4. if the acquiring partner is a cooperative, a copy of the notarial record of the decision of the member meeting (assembly of delegates) of the cooperative on the acquisition of assets pursuant to § 23 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
5. if the acquiring partner is another Czech legal person, documents proving that the competent authority of another Czech legal person has decided to take over the assets,
6. if the foreign acquiring partner is a foreign transferee, evidence showing that the competent authority of a foreign transferee who is not a natural person has decided to take over the assets together with the certificate issued by the competent authority of the Member State whose law is governed by the foreign person, that it has complied with the requirements laid down by the law of that State for the registration of the transfer of assets abroad, or that such a foreign transferee's declaration is not to be issued by that authority and that it has complied with the requirements laid down by the foreign legal order for the taking over of a foreign person, and, where the foreign law requires the entry of the transfer of assets in a foreign registry, the document proving that such registration has been made, otherwise must include a declaration according to the previous sentence that the entry of the transfer of assets is not required;
(c) documents proving that the acquiring partner was an entrepreneur in accordance with Section 340 of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, at the date of the application for the registration of the transfer of capital in the Commercial Register, unless this fact is already due to the documents deposited in the Collection of Instruments or the status of the registration in the Commercial Register;
(d) a copy or an officially certified copy of the consent of the public authority pursuant to the Czech law or to the directly applicable regulation of the European Communities or of the European Union body taking over the assets referred to in Article 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where required, or a declaration by the person involved in the transfer of the assets to a member, that the presumption of the consent of such an authority pursuant to Article 15 (4) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, where required, or, where appropriate, a declaration by the person involved in the transfer of the assets to a member of the company,
(e) the final accounts of the company being acquired pursuant to § 11 (1) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and of the acquiring partner, if he is obliged to keep accounts, and the audit report if such verification is required;
(f) the interim accounts of the company being acquired and the acquiring partner, if they are required to keep accounts, pursuant to Article 11 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where required, and the audit report on its verification, if such verification is required;
(g) the opening balance sheet of the acquiring partner pursuant to Article 11 (3) of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, if it is required to lead to the relevant accounting date, and the audit report on its verification, where such verification is required, or a statement by the acquiring partner that it is not obliged to keep accounts;
(h) if the participant in the acquisition of the assets is the debtor in respect of which insolvency proceedings are pending, the court's decision to approve the restructuring plan under Section 5 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and Section 348 of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended,
(i) proof of the provision of a guarantee by the creditor of the company being acquired or the Czech acquiring partner pursuant to § 35 (3) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives, where the law requires its provision, or a declaration by the company being acquired or the Czech acquiring partner that the right to provide a guarantee has not been exercised;
(j) the consent of the tax administrator to the deletion of the company being acquired from the Commercial Register pursuant to § 35 (2) of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended,
(k) if the transfer of assets is registered by a public company or a limited partnership, the documents proving payment of the settlement interest pursuant to Sections 346 and 347 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives,
(l) if the company being acquired is a public limited company, the document issued by the delegate pursuant to § 357 (2) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, proving the transfer of funds for settlement.
Summary of Annexes No 19 (common to forms 1, 5, 6, 9, 10 and 12) on the application for registration of a change of legal form:
The facts recorded in the event of a change in the legal form of a trading company or cooperative and European cooperative societies shall be evidenced by:
(a) a copy of the notarial record proving the decision to amend the legal form,
1. in the event of a change in the legal form of a public commercial company or a limited partnership, a copy of the notarial note of the consent of each member to change the legal form pursuant to Article 16 (2) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives,
2. When changing the legal form of a company with a limited copy of the notarial record of the decision of the General Assembly to change the legal form of the company pursuant to Article 17 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or a copy of the notarial record of the consent of the partner or members with a change of legal form granted outside the general meeting, together with a copy of the notice of the manager that the decision to change the legal form of the company was adopted pursuant to Sections 18 (2) and 19 (1) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, or Section 130 of the Commercial Code,
3. when changing the legal form of a public limited company or European company, a copy of the notarial note of the decision of the general company pursuant to § 21 (4) of Act No. 125 / 2008 Coll., on the conversion of companies and cooperatives,
4. in the event of a change in the legal form of the cooperative or European cooperative company, a copy of the notarial record of the decision of the member meeting (assembly of delegates) of the cooperative on the change of legal form pursuant to § 23 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives,
(b) a copy or an officially certified copy of the consent of a public authority under Czech law or under a directly applicable regulation of the European Communities with a change of legal form pursuant to § 15 (3) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, where required, or a declaration by a person changing his legal form that the presumption of consent of such an authority under § 15 (4) of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, has arisen;
(c) regular, exceptional or interim financial statements drawn up on the date of the change of legal form pursuant to Section 365 of Act No. 125 / 2008 Coll., on the transformation of companies and cooperatives, including the audit report on its verification, if required,
(d) where insolvency proceedings are pending in respect of a company or cooperative or European cooperative company changing its legal form, the court's decision to approve the restructuring plan pursuant to Article 5 of Act No. 125 / 2008 Coll., on the Transformations of Commercial Companies and Cooperatives, and Article 348 of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended,
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Regulation Information
| Citation | Decree No. 392 / 2008 Coll., amending Decree No. 250 / 2005 Coll., on binding forms for submission of applications for registration in the Commercial Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2008 |
|---|---|
| Effective from | 30.10.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Commercial law
Trade Register
The regulation text is for informational purposes only.
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