Decree No. 489 / 2012 Coll.
Decree amending Decree No. 329 / 2008 Coll., on central record of executions, as amended
Valid
Order
Effective from 01.01.2013
Text versions:
01.01.2013
31.12.2012
489
DECLARATION
of 20 December 2012
amending Decree No. 329 / 2008 Coll., on central records of execution, as amended
According to § 131 (d) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws:
Decree No. 329 / 2008 Coll., on central records of executions, as amended by Decree No. 426 / 2008 Coll. and Decree No. 366 / 2009 Coll., is amended as follows:
1. In Article 1 (3), the words "if listed 'are replaced by the words" listed in the notice of the start of execution referred to in Article 125 (1) (a) or';
2. In Article 1 (3), the words "(a) and 'are deleted.
3. Paragraph 2 (1) reads as follows:
"(1) To be entered in the register
(a) the designation of the execution court;
(b) the date, month and year of issue of the notification of the start of execution in the form of: DD. MM. YYYY,
(c) the obligation enforced as follows:
1. the amount of the enforcement of the financial performance, with the exception of the costs of execution and the costs of execution,
2. a description of the non-cash performance recovered, of a maximum of 100 characters in the case of non-cash performance;
3. the amount of the cash performance recovered, with the exception of the costs of execution and the costs of the creditor and a description of the non-cash performance recovered, of a maximum of 100 characters, where both cash and non-cash performance are recovered,
(d) an indication of whether the proceedings have been joined. "
5. In Article 2 (3), the words "the birth number and, if not allocated, the birth number 'shall be inserted at the beginning of point (b).
6. In Article 2 (5) (b), the words "authorising the executor to execute 'are replaced by the words" authorising the executor to lead'.
7. In Article 3, the sentence "The entry of the information from the notice of execution referred to in Article 125 (1) (a) of the Rules of Enforcement shall be inserted at the beginning of paragraph 1, within 3 days after the executor has entered in the register of the execution clause initiated. '
8. In the second sentence of Article 3 (1), the words "(a) or" shall be deleted.
9. In Article 5, paragraphs 3 and 4 are added:
"(3) In the case of continuous monitoring, the provision of electronic data shall be deemed to be:
(a) placing the entity in continuous monitoring mode and simultaneously displaying the search result in accordance with paragraph 2 (a);
(b) the first display of specific data on each execution procedure against the entity in every three calendar months; or
(c) an indication of the change in the search results obtained under (a) or (b).
(4) For a statement from the central record of executions or confirmation that a specific entry in the central record of executions is not registered, the Chamber is remunerated at CZK 50 per page. "
Transitional provisions
1. The executor shall, no later than 2 months after the date of entry into force of this Order, enter the data entered in the central record of the execution before the date of entry into force of this Order in accordance with § 2 (1) (c) (1) and (3) and § 2 (3) (b) of Decree No. 329 / 2008 Coll., as effective from the date of entry into force of this Order.
2. For proceedings which have been initiated as a enforcement procedure and continue from the date of transmission of the court file to the executor as an execution procedure under Part One of Article II of Act No 396 / 2012 Coll., amending Act No 99 / 1963 Coll., the Civil Code, as amended, and other related laws, the central record of the execution procedure under Section 2 (1) (b) of Decree No. 329 / 2008 Coll., as effective from the date of entry into force of this Decree, shall be recorded on the day, month and year of the resolution on the enforcement order in the form: DD. MM. YYYY.
Efficacy
This Decree shall take effect on 1 January 2013.
Minister:
JUDr. Blažek, Ph.D., v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 489 / 2012 Coll., amending Decree No. 329 / 2008 Coll., on central records of executions, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0