Act No. 420 / 2011 Coll.

Law on the amendment of certain laws in connection with the adoption of and proceedings against the Law on criminal liability of legal persons

Valid Law Effective from 01.01.2012
420
THE LAW
of 27 October 2011
amending certain laws in connection with the adoption and proceedings against the Law on criminal liability of legal persons
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code
Čl. I
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, No 2006, No 2006, Act No. 2006, No 1999, Act No. 2000, No No.
1. In Paragraph 200d, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) the application for registration of a transformation or an application for erasure of a legal person against whom criminal proceedings are being prosecuted or who carries out a sentence imposed under a specific law has not been accompanied by a document proving that the court has authorised the conversion or the destruction of such legal person under a specific law."
2. In § 200da, at the end of paragraph 1, the sentence "The Court of First Instance shall also examine whether the execution of the registration does not prevent an ongoing prosecution against a legal person or the execution of a sentence imposed on it under a special law."
3. In Paragraph 200da (8), "4 'is replaced by" 5'.
4. In Article 200db, the following paragraph 4 is inserted after paragraph 3:
"(4) The provisions of paragraph 3 shall not be used if the conduct of the registration of an ongoing prosecution against a legal person or the enforcement of a sentence imposed on it under a specific law; in that case, the court shall decide on the application without undue delay. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
5. In Article 200db (7), "4 'is replaced by" 5'.

ČÁST DRUHÁ

Amendment of the Civil Code
Čl. II
In § 20j of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 509 / 1991 Coll., at the end of the text of paragraph 2, the sentence "Before deleting, the Regional Office shall examine whether its execution does not prevent an ongoing prosecution against an association or the execution of a sentence imposed on it under a special law."

ČÁST TŘETÍ

Amendment of the Civil Association Act
Čl. III
In Article 12 of Act No. 83 / 1990 Coll., on the bringing together of citizens, as amended by Act No. 68 / 1993 Coll., the dot is replaced by a comma at the end of the text of paragraph 1 and the following point (c) is added:
"(c) cancellation under another legislation8).
8) Act No. 418 / 2011 Coll., on criminal liability and proceedings against legal persons. '

ČÁST PÁTÁ

Amendment of the Association Act in political parties and political movements
Čl. V
Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 468 / 1991 Coll., Act No. 68 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 117 / 1994 Coll., the Constitutional Court found under No. 296 / 1995 Coll., Act No. 322 / 1996 Coll., Act No. 151 / 2002 Coll., Act No. 501 / 2004 Coll., Act No. 556 / 2004 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 227 / 2009 Coll.
1. In Paragraph 12, the sentence "Before deleting, the Ministry shall examine whether its execution does not prevent an ongoing prosecution against the party and the movement or the execution of a sentence imposed on them under another legislation. 'is added at the end of paragraph 1.
2. In Article 12, at the end of the text of paragraph 2, the sentence "If a Party and a movement are prosecuted or are punishable under another law, the appellant shall demonstrate, in the application for its deletion, that the court has authorised, under another law, the disappearance of such party and movement."

ČÁST SEDMÁ

Amendment of the Commercial Code
Čl. VII
Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100, Act No. 100 / 2004, Act No. 100, Act No. 100 / 2004.
1. In Paragraph 37, the following paragraph 4 is inserted after paragraph 3:
"(4) Where a legal person is subject to criminal prosecution or is subject to a sentence imposed under another law, the applicant shall provide evidence, in the application for registration of his or her transformation or the application for erasure, that the court has authorised, under another law, the conversion or termination of such legal person. ';
Paragraph 4 shall become paragraph 5.
2. In Paragraph 37 (5), "paragraphs 1 to 3 'is replaced by" paragraphs 1 to 4'.

ČÁST OSMÁ

Amendment to the Banking Act
Čl. VIII
Act No. 21 / 1992 Coll., as amended by Act No. 264 / 1992 Coll., Act No. 100 / 2009, Act No. 100 / 2009, Act No. 100 / 2008 Coll., Act No. 160 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 126 / 2005 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 71 / 2004 Coll., Act No. 99.
1. In Article 4 (4), "paragraph 5 (c) and (d) 'is replaced by" paragraph 5 (d) and (e)';
2. in Article 4 (5), the following point (c) is inserted after point (b):
"(c) the credibility and competence of the person to be granted the licence;"
Points (c) to (j) shall be renumbered (d) to (k).
3. § 7a reads:
„§ 7a
(1) The licence shall expire on a date,
(a) which has the legal power to decide on the withdrawal of a licence;
(b) to which the Bank shall be abrogated if it is abrogated with liquidation;
(c) from which, according to the decision of the General Meeting, the current bank will no longer pursue the activity for which the licence is required,
(d) the removal of the bank from the Commercial Register if it ceases to exist without liquidation;
(e) to which the decision to prohibit the activities of the Bank in the Czech Republic under another legislation has become legal.
(2) Licences granted to a foreign bank for its branch shall also expire on the date on which:
(a) the foreign bank ceases its branch in the Czech Republic,
(b) the foreign bank has ceased to act as a bank in the State of its registered office.
(3) From the date of expiry of the licence, the bank and the branch of a foreign bank shall not receive deposits and credit and carry out other activities, except those necessary to settle their claims and liabilities; until it has settled its claims and liabilities, it shall be considered as a bank and branch of a foreign bank under this law. ';

ČÁST DEVÁTÁ

Amendment to the Commodity Exchange Act
Čl. IX
In Section 5a of Act No. 229 / 1992 Coll., on Commodity Exchange, as amended by Act No. 247 / 2011 Coll., paragraphs 4 and 5 are added:
"(4) If a legal person is to be the founder or member of the stock exchange, it must be fair. For the purposes of this Act, a legal person who has been convicted of an intentional offence shall not be deemed to be righteous unless it is regarded as not being convicted.
(5) In order to prove the integrity of a legal person, the competent authority of the State administration shall, in accordance with the special legislature18), request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. Where a legal person does not have a registered office in the Czech Republic, he shall submit an extract of the record of the Register of Penalties or the corresponding document issued by the competent authority of the State in which he is located. '

ČÁST DESÁTÁ

Amendment of the Income Tax Act
Čl. X
In Article 25 (1) of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 323 / 1993 Coll., Act No. 259 / 1994 Coll., Act No. 149 / 1995 Coll., Act No. 316 / 1996 Coll., Act No. 210 / 1997 Coll., Act No. 168 / 1998 Coll., Act No. 492 / 2000 Coll., Act No. 260 / 2002 Coll., Act No. 438 / 2003 Coll., Act No. 264 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 2 / 2009 Coll., Act No. 545 / 2005 Coll., Act No. 189 / 2006 Coll.

ČÁST JEDENÁCTÁ

Amendment to the Pension Insurance Act with a State contribution
Čl. XI
Act No. 42 / 1994 Coll., on Pension Admission with State Contributions and on Amendments to Certain Laws related to its Implementation, as amended by Act No. 61 / 1996 Coll., Act No. 15 / 1998 Coll., Act No. 170 / 1999 Coll., Act No. 353 / 2001 Coll., Act No. 160 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 36 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 70 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll.
1. in Article 5 (2) (d):
"(d) whether the conditions of eligibility to be a member of the Board of Directors and the Supervisory Board laid down in § 7 (2) to (4) for the proposed persons are fulfilled,"
2. In Article 5, at the end of paragraph 3, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) documents proving the credibility of natural or legal persons who are the founders of the pension fund, if they cannot be requested by the Czech National Bank under a special legislation;
(f) documents proving the credibility of the proposed members of the board, the Supervisory Board of the Pension Fund and the Prosecutor, if they cannot be requested by the Czech National Bank under specific legislation, and their competence. "
3. Paragraph 5 (4) and (5) reads as follows:
"(4) The application referred to in paragraph 1 may be made only on a prescribed form to which the applicant shall accompany the documents referred to in paragraph 3 (a) to (d) and evidence of the credibility and competence referred to in paragraph 3 (e) and (f). The model of the form and its annexes shall be laid down in the implementing legislation.
(5) The Czech National Bank shall not grant authorisation under paragraph 1 if:
(a) the draft statute or pension plan does not comply with the requirements laid down by this law;
(b) the pension fund does not meet the conditions for the payment of the proposed supplementary pension benefits;
(c) the proposed members of the Board of Directors and the Supervisory Board of the Pension Fund are not eligible to be members of the Board of Directors and the Supervisory Board pursuant to § 7 (2) to (4);
(d) the founders do not comply with the requirement of credibility. ';
4. In Paragraph 7 (2), the word "fair 'is replaced by" credible'.
5. In Article 7 (3) (d), the words "and persons who are not considered to be righteous' are deleted.
6. In Article 7, the following paragraph 8 is added:
"(8) The application referred to in paragraph 2 may be made only on the prescribed form to which the applicant shall accompany documents certifying compliance with the conditions laid down in paragraph 2. The model of the form and the content of its annexes shall be laid down in the implementing legislation. ';
7. In Article 9 (3), "Article 5 (4) 'is replaced by" Article 5 (5) (a) and (b)';
8. The following Section 46a is inserted after Section 46:
„§ 46a
The Czech National Bank will issue a decree pursuant to § 5 (4) and § 7 (8). '
Čl. XII
Transitional provisions
1. The authorisation granted by the Czech National Bank under the existing legislation is considered to be an authorisation granted under Act No. 42 / 1994 Coll., as effective from the date of entry into force of this Act.
2. Proceedings initiated before the date of entry into force of this Act and pending by that date shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST DVANÁCTÁ

Amendment to the Penal Register Act
Čl. XIII
Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. In Paragraph 2 (1), the word "persons' is replaced by" natural and legal persons (hereinafter referred to as "persons') '.
2. In Article 2, the following paragraph 5 is added:
"(5) Data from the record of the Register of punishments on legal persons listed in the extract are publicly available."
3. in Article 3 (3) (a), the words "to a person convicted of being interchangeable" shall be replaced by "to a person convicted of being interchangeable."
4. In Paragraph 4, the following paragraph 3 is inserted after paragraph 2:
"(3) The Supreme Court may decide, on a proposal from the Ministry of Justice, to record in the Register of Penalties other convictions by a foreign court relating to a legal person who is established in the Czech Republic or has a business or organisational component located in the Czech Republic, or at least carries out his or her activities there or holds his or her property if he or she relates to an act which is criminal even under the law of the Czech Republic and the registration is justified by the seriousness of the offence and the type of penalty which he or she has been charged with."
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
5. In Paragraph 4 (4), the words "or legal persons' shall be inserted after the words" a citizen of the Czech Republic 'and the words "pursuant to paragraph 2' shall be replaced by the words" paragraph 2 or 3 '.
6. In Article 4 (5), "paragraph 2 'is replaced by" paragraph 2 or 3';
7.
„§ 6
Data on persons who have been legally convicted shall be kept for 100 years from:
(a) the birth of the natural person concerned;
(b) the final conviction of the legal person concerned; or
(c) the power of other matters relevant to criminal proceedings registered in accordance with Article 2 (1) concerning a legal person. ';
8. Paragraph 10 (4) reads as follows:
"(4) Upon written request, a person shall be allowed to consult the copy relating to him at the Registry of Penalties. If the applicant is a natural person, his identity shall be verified. Where the applicant is a legal person, the identity of the person on behalf of, or making an application for, the legal person and its authority to act on behalf of, or for, the legal person shall be verified. ';
9. In Article 10 (5), the words "natural persons or the effects of a legal person 'shall be inserted after the words" convictions'.
10. In Paragraph 11 (1), the words "a person's request 'are replaced by the words" a natural person's request'.
11. In Article 11, at the end of the text of paragraph 1, the sentence "An extract relating to a legal person shall be issued to any person at his written request."
12. in Article 11 (2) and Article 11a (3) and (4), the word "applicant" shall be replaced by "persons requesting an extract concerning a natural person."
13. in Article 11b (1), (2) and (3), third sentence, the words "concerning a natural person" shall be inserted after the words "extract."
14. in the first sentence of Article 11b (3), the words "concerning a natural person" shall be inserted after the words "extract."
15. in Article 15, the following paragraph 4 is added:
"(4) The record of whose request an extract has been issued shall not be entered in the register if it is for an extract relating to a legal person. ';
16. in Article 16c (4), the word "persons" shall be replaced by the words "natural persons," and at the end of the text the words "and 100 years after the facts referred to in Article 6 (b) or (c), if they are legal persons."

ČÁST TŘINÁCTÁ

Amendment of the Act on savings and credit cooperatives
Čl. XIV
Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 100 / 2000 Coll., Act No. 406 / 2001 Coll., Act No. 212 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 156 / 2010 Coll., Act No. 160 / 2010 Coll., Act No. 126 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 230 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 126 / 2008 Coll., Act No. 126 / 2008 Coll.
1. in Article 2a (4), the following point (a) is inserted:
"(a) the competence and credibility of the applicant for authorisation referred to in paragraph 1;"
Points (a) to (i) shall be renumbered (b) to (j).
2. in Paragraph 2a (4) (e), the words "credibility and competence" are replaced by the words "competence and credibility."
3. In Paragraph 2a, paragraphs 5 to 8 are deleted.
Paragraphs 9 to 11 shall be renumbered paragraphs 5 to 7.
4. Paragraph 2a (5) reads as follows:
"(5) By decree, the Czech National Bank sets out the list of documents and their requirements for proving
(a) the competence and credibility of the applicant for authorisation referred to in paragraph 4 (a);
(b) the professional competence and credibility of the persons elected to the function of the board of directors, the supervisory board and the credit committee and other persons proposed to the management functions in the cooperative reserve referred to in paragraph 4 (b); and
(c) the competence and credibility of natural or legal persons with a qualifying participation in a cooperative advance and members with another member contribution to exercise the rights of a member in accordance with paragraph 4 (e). ";
5. In Paragraph 2a (6), "paragraph 4 (e) and (f) 'is replaced by" paragraph 4 (f) and (g)'.
6. In Article 13 (6), the words "a person meeting 'are replaced by" a natural or legal person meeting' and the words "§ 2a (7) to (10) 'are replaced by" § 2a (5)'.

ČÁST PATNÁCTÁ

Amendment of the Higher Education Act
Čl. XVII
Act No. 111 / 1998 Coll., Act No. 362 / 2003 Coll., Act No. 96 / 2004 Coll., Act No. 121 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 473 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 342 / 2005 Coll., Act No. 552 / 2005 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 110 / 2009 Coll., Act No. 562 / 2004 Coll., Act No. 159 / 2010 Coll., Act No. 624 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll.
1. In Article 39, at the end of paragraph 8, the dot is replaced by a comma and the following point (d) is added:
"(d) a legal person seeking the granting of a state consent has been convicted of a criminal offence for which there is no guarantee of proper functioning as a university, unless it is regarded by law as not being convicted of such an offence; for the purposes of assessing whether that reason is given for not granting accreditation, the Ministry shall request an extract from the record of the Register of Penalties under another legislation27); a request for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a manner enabling remote access.
27) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '
2. in Paragraph 42 (1) (f):
"(f) notify the Ministry that a private university has been declared or terminated in accordance with the rules governing bankruptcy and its methods of solution13), or that a private university has been definitively convicted of a criminal offence,";
3. In Paragraph 79, at the end of paragraph 5, the dot is replaced by a comma and the following point (g) is added:
"(g) the legal person applying for accreditation has been convicted of a criminal offence for which there is no guarantee of the proper implementation of the accredited study programme, unless it is regarded by law as not being convicted of such an offence; for the purposes of assessing whether that reason is given for not granting accreditation, the Ministry shall request an extract from the record of the Register of Penalties under another legislation27); a request for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way which allows remote access. ';
4. In Paragraph 82, at the end of paragraph 6, the dot is replaced by a comma and the following point (e) is added:
"(e) the legal person applying for accreditation has been definitively convicted of an offence for which he does not offer a guarantee of the proper conduct of the habilitation procedure or of the procedure for appointment by a professor, unless it is regarded by law as not being convicted of such an offence; for the purposes of assessing whether that reason is given for not granting accreditation, the Ministry shall request an extract from the record of the Register of Penalties under another legislation27); a request for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way which allows remote access. ';

ČÁST ŠESTNÁCTÁ

Amendment to the Act on Social Protection for Children
Čl. XVIII
Act No. 359 / 1999 Coll., on Social Protection of Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 57 / 2005 Coll., Act No. 381 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 134 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll.
1. in Paragraph 49 (2) (c):
"(c) integrity
1. any natural person directly providing social legal protection;
2. a legal person who will provide social legal protection, '.
2. in Paragraph 49 (4) (f):
"(f) an extract from a register similar to the Register of Penalties held in States where:
1. during the last 3 years, a natural person has been continuously present for more than 3 months;
2. the legal person has its registered office or has been active or has its registered office for at least 3 months in the last 3 years;

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