Decree No 414 / 2011 Coll.
Order on the formalities for submitting applications for registration in the Commercial Register
Valid
Order
Effective from 01.01.2012
Text versions:
01.01.2012
22.12.2011
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414
DECLARATION
of 9 December 2011
on the formalities for submitting applications for registration in the Commercial Register
The Ministry of Justice provides pursuant to § 32 (4) of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 370 / 2000 Coll., Act No. 216 / 2005 Coll. and Act No. 351 / 2011 Coll.:
SUBJECT MATTER OF THE ADJUSTMENT
(1) This decree sets out the details of the forms for submission of applications for registration in the Commercial Register.
(2) The facts which are the subject of the application for registration or amendment of the data in the Commercial Register are evidenced by the relevant documents.
The Ministry of Justice shall publish the forms and the list of annexes to the documents to be documented on its website and make them available without charge.
FORMULTIANTS
FORM FOR THE REGISTER OF SINGLE FACTS
Entrepreneur - natural person
Forms of the application form for registration of an entrepreneur - natural person or change of data about an entrepreneur - natural person are
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the entrepreneur - the natural person to whom the application relates, including the section and number of the insert of the file mark under which it is kept, if not for initial registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Public commercial company
The particulars of the application form for registration of a public commercial company or the change in the information relating to a public commercial company shall be:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the public company to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Command company
The details of the application form for registration of a limited company or the change of data concerning a limited company are:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the limited company to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Limited liability company
The particulars of the application form for registration of a limited company or the change in the details of a limited company are:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the limited liability company to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Stock company
The details of the application form for registration of a public limited liability company or the change in the information relating to a public limited liability company are:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the public limited company to which the application relates, including the section and number of the insert of the file mark under which it is registered, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Cooperative
The details of the application form for registration of the cooperative or the amendment of the details of the cooperative shall be:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the cooperative to which the application relates, including the section and number of the insert of the file mark under which it is kept, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
European Economic Interest Association
The particulars of the application form for registration of the European Economic Interest Association or the amendment of the data on the European Economic Interest Association shall be:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the European Economic Interest Association to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the initial registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
European society
The elements of the application form for registration of a European company or the amendment of data on a European company are:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the European company to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the original registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
European Cooperative Society
The details of the application form for registration of a European cooperative society or the amendment of data on a European cooperative society are:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the European cooperative society to which the registration relates, including the section and number of the insert of the file mark under which it is kept, if not for the initial registration;
(e) an indication as to whether registration or deletion of data is proposed as part of the amendment;
(f) particulars of the facts covered by the application for registration or amendment;
(g) the date on which the relevant information is to be entered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicant.
Foreign company or organisational component of foreign enterprise
The details of the application form for registration of an organisation or an undertaking of a foreign person or the change in the details of an organisation or an undertaking of a foreign person shall be:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the organisation or undertaking of the foreign person to whom the registration relates, including the section and number of the insert of the file mark under which it is kept or kept, if not for the initial registration;
(e) an indication of whether it is an organisational component of an undertaking or an undertaking of a foreign person having its registered office in a Member State of the European Union or in another State forming the European Economic Area or whether it is an organisational component or an undertaking of a foreign person having its registered office outside a Member State of the European Union or outside a State constituting a European Economic Area;
(f) an indication of whether registration or deletion of data is proposed as part of the amendment,
(g) details of the facts covered by the application for registration or amendment;
(h) the date on which the relevant information is to be entered;
(i) the list of Annexes; and
(j) the date and officially certified signature of the applicant.
A fissile plant or other organisational component incorporated in the Commercial Register
The details of the application form for registration of a fissile plant or other organisational component of an enterprise incorporated in a commercial register or the amendment of the details of the fissile plant or other organisational component of an enterprise registered in a commercial register shall be:
(a) an indication that it is an application for registration or modification of data in a commercial register;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the designation of the fissile plant or other organisational component of the undertaking registered in the business register to which the registration relates;
(e) the designation of the founder, unless the applicant is the founder of a fissile plant or any other organisational component of an undertaking incorporated in a commercial register;
(f) an indication of whether registration or deletion of data is proposed under the proposed amendment;
(g) details of the facts covered by the application for registration or amendment;
(h) the date on which the relevant information is to be entered;
(i) the list of Annexes; and
(j) the date and officially certified signature of the applicant.
Removal of an entrepreneur - natural or legal persons
Forms of application for the removal of an entrepreneur - natural persons or legal persons from a commercial register
(a) an indication that it is an application for erasure;
(b) the designation of the registration court;
(c) the appellant's designation,
(d) the name of the person to be deleted, including the section and number of the insert of the file mark under which it is kept;
(e) an indication of the legal basis for deleting a person from the Commercial Register;
(f) the date on which the person is to be removed from the commercial register;
(g) the list of Annexes; and
(h) the date and officially certified signature of the applicant.
Mergers
(1) The details of the application form for registration of the merger are:
(a) an indication that it is an application to register a merger;
(b) the designation of the register court on which the application for registration of a merger is made;
(c) the names of the applicants,
(d) the names of the legal persons involved in the merger, including the section and number of the insert of the file mark under which they are kept and, in the case of the merger, the successor legal persons concerned by the application;
(e) an indication of whether and for which legal person the application for registration, change of particulars or deletion is concerned,
(f) particulars of the facts covered by the application for registration or amendment or designation of the legal person or persons to be deleted;
(g) the date on which the merger is to be registered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicants.
(2) Indication of the fact which is the subject of the application for registration at the time of the merger, the change at the time of the merger or deletion, means in particular:
(a) in the case of a successor legal person, an indication as to whether it is a merger or a merger, when the designation of the data recorded at the time of the formation of the legal person, when the indication of the changes to the recorded data is combined, if any, and the designation of the existing legal persons; and
(b) in the case of an acquired legal person, an indication as to whether it has disappeared as a result of a merger or a merger, an indication as to any other dying legal persons and a successor legal person.
Breakdown
The particulars of the application form for registration of the division shall be:
(a) an indication that it is an application for registration of a division in a commercial register;
(b) the name of the registration court on which the application for registration of the division is made;
(c) the names of the applicants,
(d) the names of the legal persons involved in the division, including the section and number of the insert of the file mark under which they are kept, and, where new or new legal persons are formed, the designation of the successor legal person or persons concerned by the application;
(e) an indication of whether and for which legal person the application for registration, change of particulars or deletion is concerned,
(f) particulars of the facts which are the subject of the application for registration or amendment or designation of the legal person to be deleted;
(g) the date on which the division is to be registered;
(h) a list of the Annexes; and
(i) the date and officially certified signature of the applicants.
(2) Indication of the fact which is the subject of an application for registration, amendment or deletion shall in particular mean:
(a) in the case of a successor legal person, an indication of whether the division or separation is a merger or a division or division with the formation of new or new legal persons, when the division of a designation of changes to the recorded data, if any, is the formation of a new legal person or persons, and a designation of the existing or distributed legal person; and
(b) in the case of the acquired legal person, when the splinter is split, an indication that it has disappeared as a result of the splinter and the designation of all the successor legal persons; or
(c) in the case of a split legal person, when a divisive legal person has been separated, an indication of the divisive legal person or any successor legal person and an indication of changes to the recorded data, if any.
Transfer of assets to a shareholder
(1) The particulars of the application form for registration of the transfer of capital to the shareholder are:
(a) a statement that it is an application to register a transfer of assets to a shareholder;
(b) the name of the registration court on which the application for registration of the transfer of capital to a member is made;
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Regulation Information
| Citation | Decree No 414 / 2011 Coll., on the details of forms for submission of applications for registration in the Commercial Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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