Decree of the Ministry of Justice No. 485 / 2000 Coll.
Decree of the Ministry of Justice on the level of remuneration of the manager of the commercial establishment and the manager of the real estate, the method of determining and determining the reimbursement of their final expenses and the flat-rate reimbursement of the costs of the payer's salary or other income
Valid
Order
Effective from 01.01.2001
485
DECLARATION
Ministry of Justice
of 18 December 2000
on the level of remuneration of the manager of the commercial establishment and of the manager of the immovable property, the method of determining and determining the reimbursement of their final expenses and the flat-rate reimbursement of the costs of the payer's salary or other income
According to Section 374a (d) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll. and Act No. 30 / 2000 Coll., hereinafter referred to as "the Act":
Remuneration and reimbursement of final expenses of the establishment manager
(1) If the court decides to order the sale of the plant in an auction in the exercise of its decisions, the basis for determining the remuneration of the plant manager is the determined price of the plant (Section 338n (1) and (2) of the Act). The remuneration shall be based on the amount:
| do 1 000 000 Kč | 10 %, |
| z přebývající částky až do 10 000 000 Kč | 5 %, |
| z přebývající částky až do 50 000 000 Kč | 2 %, |
| z přebývající částky až do 100 000 000 Kč | 1 %, |
| z přebývající částky nad 100 000 000 Kč | 0,5 %. |
(2) If the court decides that the execution of the plant's handicaps will be continued by the management of the plant, Paragraph 4a (1) and (2) shall apply mutatis mutandis to the remuneration of the plant manager.
(3) The remuneration of the plant manager is at least CZK 45,000.
Where several plant managers have been involved in the enforcement proceedings for the sale of the plant, each of them shall be remunerated in proportion to the extent and duration of its activity.
(1) In addition to entitlement to remuneration, the plant manager shall also be entitled to reimbursement of expenditure incurred effectively in the performance of his duties, in particular travel, postal, expert reports, translations, copies and photocopies.
(2) The amount of the reimbursement of travel expenses is determined by the amount of such compensation provided for by the special provisions on travel refunds. 1)
(3) Reimbursement of costs incurred in expert opinions is governed by specific legislation on experts' and interpreters' remuneration. (2)
(4) The effective cost of postage, translation, copies and photocopies is paid as shown.
Remuneration and reimbursement of expenses incurred by the property manager
(1) The basis for determining the monthly remuneration of the manager of the immovable property is one third of the amount of income received by the court in the course of 3 consecutive months by the administration of the immovable property. If the administration did not last for 3 consecutive months, the basis for determining the monthly remuneration of the amount of income earned by the management of the real estate for the whole month shall be divided by the number of those months. If the administration did not last even a full month, the basis for determining the remuneration of the amount of income earned by the administration of the real estate.
(2) The remuneration of the property manager is 10% of the base.
(3) The remuneration of the property manager is at least CZK 5,000.
Where several trustees have been involved in enforcement proceedings by the administration of the immovable property, Section 3 shall apply mutatis mutandis.
Paragraph 4 shall apply mutatis mutandis to the reimbursement of final expenses of the property manager.
Reimbursement of salary or other income paid by the payer
The pre-determined reimbursement of the costs of the payer's salary or other income shall be CZK 50 per calendar month in which the payer's wages or other income are deducted from the salary or other income paid to the debtor; This applies even if the wage or other income payer makes reductions on more than one salary or other income paid to the debtor.
The amount of the flat-rate reimbursement of the costs of the payer's salary or other income shall not exceed one third of the amount withheld from the salary or other income of the debtor, rounded up to the full crown.
Efficacy
This decree shall take effect on 1 January 2001.
Minister:
JUDr. Rychetský v. r.
1) Act No. 119 / 1992 Coll., on Travel Refunds, as amended.
2) Decree No. 37 / 1967 Coll., implementing the Law on Experts and Interpreters, as amended.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 485 / 2000 Coll., on the amount of the remuneration of the manager of the business establishment and of the manager of the real estate, the method of determining and determining the reimbursement of their final expenses and the flat-rate payment of the salary or other income of the payer |
|---|---|
| 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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