Decree of the Ministry of Justice No. 479 / 2000 Coll.
Decree of the Ministry of Justice on the remuneration and reimbursement of final expenses of the liquidator and member of the body of the company appointed by the court
Valid
Order
Effective from 01.01.2001
Text versions:
01.01.2001
29.12.2000
479
DECLARATION
Ministry of Justice
of 12 December 2000
on the remuneration and reimbursement of final expenses of the liquidator and a member of the company body appointed by the court
The Ministry of Justice provides pursuant to § 71 paragraph 9 of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 370 / 2000 Coll.:
General provisions
(1) The remuneration and reimbursement of final expenses under this Order is for the liquidator appointed by the court and the member of the company body appointed by the court in cases laid down by the Commercial Code. 1)
(2) The remuneration of the liquidator and a member of the body of the company appointed by the court is determined by the court. Where the remuneration of the liquidator and his final expenses are paid by the State, those amounts shall be paid by the court.
Remuneration of the liquidator
(1) The basis for determining the remuneration due to the liquidator for the execution of the liquidation is the balance of assets remaining after all the operations necessary for the execution of the liquidation prior to the settlement of the liquidator's remuneration ("liquidation assets").
(2) If the court decides to renew the liquidation, (2) the basis for the remuneration of the liquidator is the liquidation property resulting from the re-liquidation.
(1) The remuneration of the liquidator is:
| do | 100 000 Kč základu | 15 % |
| z přebývající částky až do | 500 000 Kč základu | 10 % |
| z přebývající částky až do | 1 000 000 Kč základu | 7 % |
| a z další přebývající částky | 5 %, |
| nejméně 1 000 Kč. |
(2) The Court of First Instance may, where appropriate, increase or reduce the remuneration of the liquidator referred to in paragraph 1 accordingly. The remuneration may only be increased up to the amount of the liquidation property.
(1) If liquidation is completed before the amount of the liquidation property is established, or if the liquidation property is insufficient in whole or in part to pay the remuneration, the liquidator shall receive a reward of CZK 1 000.
(2) According to the circumstances of the case, the remuneration of the liquidator referred to in paragraph 1 may be increased accordingly up to CZK 5,000.
If several liquidators have been liquidated, each of them shall have a share of the remuneration in accordance with Sections 2 and 3 or with Section 4 corresponding to the size and duration of its activities.
The remuneration of the liquidator shall include compensation for administrative and other work carried out in connection with the execution of the liquidation.
Reimbursement of remuneration and final expenses by the State
If the liquidation assets are not to be paid for the remuneration and final expenses of the liquidator, the State shall pay the remuneration and expenses as provided for in paragraphs 8 and 9. If the liquidation assets are only partly sufficient to cover the remuneration and final expenses, the State shall pay the remuneration and the final expenses only to the extent that they have not been paid out of the company's assets.
Total expenditure of the liquidator
(1) The liquidator is responsible for the reimbursement of expenses incurred effectively in the context of the execution of the liquidation, in particular for judicial and other charges, travel expenses, postal charges, telecommunications charges, expert opinions and professional observations, translations, copies and photocopies.
(2) The amount of reimbursement of travel expenses is governed by special legislation.3)
(1) The liquidator is entitled to compensation for the time elapsed in connection with the execution of the liquidation operations of the company
(a) in the case of operations carried out in a place which is not the place of residence or the place of residence of the liquidator, for the time spent travelling to and from that place;
(b) for time elapsed as a result of a delay in the opening of proceedings before a court or other authority, if that delay is more than 30 minutes.
(2) The refund referred to in paragraph 1 shall be CZK 20 for each half hour.
Remuneration and reimbursement of final expenses of a member of a company body
A member of a company body appointed by a court shall be entitled to pay and reimburse the final expenses of the same amount and extent as the other members of that body in a similar position.
Transitional and final provisions
This decree applies to the remuneration and final expenses of the liquidator and a member of the body of the company appointed by the court from the date of entry into force of this decree.
This decree shall take effect on 1 January 2001.
Minister:
JUDr. Rychetský v. r.
1) § 135 (2), § 138 (2), § 194 (2) and § 200 (3), § 243 (8) of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 142 / 1996 Coll. and Act No. 370 / 2000 Coll.
2) § 75b of the Commercial Code.
3) Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll., Act No. 125 / 1998 Coll., Act No. 36 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 220 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 479 / 2000 Coll., on the remuneration and reimbursement of final expenses of the liquidator and member of the body of the company appointed by the court |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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