Act No. 495 / 2005 Coll.
Act amending Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as amended by the Constitutional Court found under No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll.
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Effective from 23.12.2005
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23.12.2005
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495
THE LAW
of 22 November 2005
amending Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and amending certain laws (Act on Churches and Religious Societies), as amended by the Constitutional Court found under No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on churches and religious societies
Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as amended by the Constitutional Court found under No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll., is amended as follows:
1. In Article 1 (b), the word "church 'is deleted and after the words" legal persons' the words "established by a registered church and religious society and registered under this law (hereinafter referred to as" registered legal person ')' are added.
2. In Article 3 (c), the words "or names' shall be inserted after the word" last name '; the words "address of the place of permanent residence in the Czech Republic' shall be inserted after the word" Republic '; and the words "further' shall be inserted after the word" Republic '.
3. In Article 3 (d), the words "church 'are replaced by the words" registered'.
4. In Article 4 (4), the words "or any other legal person" shall be inserted after the words "company."
5. In Section 5 of the introductory part of the provision and in point (a), the word "citizens' is replaced by the word" persons'.
6. In Article 8 (3), the word "church 'is deleted and the words" pursuant to Article 15a (1) (a)' are added after the word "person '.
7. In Article 10 (2) (c), the word "at least 'shall be inserted after the words" original signatures'.
8. in Article 10 (2) (d), the words "church and religious society" shall be deleted;
9. In Paragraph 10 (3) of the Introductory Part of the provision, the words "submitted pursuant to paragraph 2 (d) 'shall be inserted after the word" company'.
10. the words "on the territory of the Czech Republic" shall be inserted after the word "company."
11. in Article 10 (3) (d):
"(d) the designation of an institution of the Church and of a religious society which acts on its behalf with public authorities and third parties in the territory of the Czech Republic as a statutory body, the manner in which it was established and its removal, the length of the term of office of its members and, where appropriate, the designation of other bodies of the Church and of the religious society and bodies of the religious institutions which are entitled to submit proposals under this law, the scope of such authorisation and the manner in which it is held on behalf of the Church and the religious society;"
12. in Article 10 (3) (f):
"(f) the organisational structure of the church and religious society, including the list of all types of legal persons which will be proposed for registration in accordance with this Act pursuant to Article 15a (1), the manner in which they are set up and cancelled, including, where appropriate, the indication of the legal successor in their termination, the designation of their statutory bodies, the manner in which they are established and withdrawn, the duration of their term of office of members of the statutory bodies,";
13. in Paragraph 10 (3) (g), the words "and the list in the church and religious society used by the names of the clergy" shall be added after the word "spiritual."
14. in Article 10 (3) (h):
"(h) the manner in which the amendments to the basic document and those documents of the Church and of the religious society and their amendments attached to the basic document or from which the particulars are entered in the basic document;"
15. in Article 10 (3) (j), the words "and the particulars referred to in Article 27 (5)" shall be inserted after the words "property."
16. in Paragraph 10 (4), the words "its institutions" shall be replaced by "the institution."
17. in § 11 (2), § 13 (2) (b), § 14 (6) (b), the words "under § 10 (3) (d)" shall be inserted after the word "company."
18. in Article 11 (4) (a), the word "at least" shall be inserted after the word "does."
19. in Paragraph 12 (1) (b), the words "on the territory of the Czech Republic" shall be inserted after the words "by the company."
20. In Paragraph 13 (3), the word "interrupt 'is replaced by" stop'.
21. In Paragraph 14, the following paragraph 7 is added:
"(7) The Ministry shall take a decision pursuant to paragraph 2 or 3 or decide to terminate the procedure referred to in Article 13 (3) within the time limit laid down by the general rules on administrative procedures. If, in view of the nature of the case, it cannot be decided within that period, the Minister may extend it accordingly. The Ministry shall be required to inform the Director of the Preparatory Committee of the extension of the deadline in the case of proceedings for registration of the Church and of the Religious Society or of the Preparatory Committee of the Union in the case of proceedings for registration of the Association of Churches and Religious Companies or of the body of the registered Church and Religious Society referred to in Article 10 (3) (d) in the case of proceedings for the authorisation to exercise special rights. '
22. in Paragraph 15 (2), the word "registration" shall be inserted after the word "on."
23. In § 15 (3), § 15 (4), first sentence, § 15 (5), second sentence, the words "under § 10 (3) (d)" shall be inserted after the word "company."
24. The heading of Title IV shall read: "VISITED LEGAL PERSONS."
25. the following Section 15a is inserted after Section 15, including footnotes 14a and 14b:
Common provisions on registered legal persons
(1) The authority of the registered church and religious society pursuant to Article 10 (3) (d) may propose for registration under this Law:
(a) body of a registered church and religious society, religious and other church institution14a) persons applying to the church and religious society established for the purpose of confessing religious faith;
(b) the special-purpose equipment of a registered church and a religious society established by the Church and a religious society for the provision of charitable services (hereinafter referred to as "special-purpose equipment").
Registration under this Act shall be made by legal persons under points (a) and (b) of this Act.
(2) Other legal persons established by a registered church and religious society which are not registered under this Act may become legal persons by registration or registration under special legislation14b).
(3) Proposals for registration of changes under this Act are submitted by the body of a registered church and a religious society which has proposed a legal person established in the Church and a religious society for registration under this Act. An application for registration of changes shall be submitted by that authority no later than 10 days from the date on which the change occurred. The Ministry shall proceed mutatis mutandis in accordance with Article 15 (5).
(4) Entrepreneurship and other gainful activities of legal persons registered in accordance with paragraph 1 in addition to the general benefit of charitable, social or health activities may only be ancillary activities.
14a) Article 16 (2) of the Charter of Fundamental Rights and Freedoms.
14b) For example Civil Code, Commercial Code, Act No. 227 / 1997 Coll., on Foundation and Foundation Funds, as amended, Act No. 248 / 1995 Coll., on Public Beneficial Companies, as amended. '
26. The heading of Section 16 reads: "Records of legal persons established by a registered church and religious society pursuant to § 15a (1) (a)."
27. in Article 16 (1), the words "the body of a registered church and a religious society or religious and other ecclesiastical institutions" shall be deleted and the words "to do so in the basic document presented" shall be deleted after the word "persons," the words "under Article 15a (1) (a)" and the words "(d)" shall be added after the number "3";
28. In Article 16 (2) of the Introductory Part of the provision, the words "paragraph 1 'are replaced by the words" paragraph 1 (a)';
29. in Paragraph 16 (2) (b), the words "the definition of its subject matter" shall be replaced by "an object of general benefit, business and other gainful interest."
30. In Article 16 (2), the dot at the end of point (f) is replaced by a comma and the following point (g) is added:
"(g) the manner in which the statutory body of the registered legal person shall act."
31. in Article 16 (3), the words "registered church and religious society" shall be replaced by the words "registered church and religious society body referred to in Article 10 (3) (d)," the words "church" shall be deleted; in the first sentence, the words "registered persons" shall be inserted after the words "Article 15a (1) (a)" and the words "church" shall be replaced by the words "registered."
32. in Article 16 (4), the words "registered church and religious society" shall be replaced by the words "body of registered church and religious society under Article 10 (3) (d)";
33.In Article 16 (5), the words "entitled to submit it" are replaced by the words "pursuant to Article 10 (3) (d)."
34. In Article 16, the following paragraph 6 is added:
"(6) If it is not a legal person registered under this Act, the Ministry shall reject the application for registration. '
35. the following Article 16a is inserted after Article 16:
Registration of legal persons established by a registered church and religious society pursuant to Article 15a (1) (b)
(1) The purpose of a registered church and a religious society for the provision of services of social or health or acting as a charity or diaconia, which will be proposed for registration under this Act, is to be established by the instruments of incorporation of the registered church and religious society, signed by a member or members of the body of the registered church and religious society acting as a statutory body on behalf of the church and religious society pursuant to Article 10 (3) (d). The signatures shall be officially authenticated.
(2) The special purpose vehicle provides the public with services of general interest under predetermined conditions and for all users of the same conditions.
(3) The instrument of incorporation of the special-purpose equipment must include:
(a) the name, registered office and identification number of the founder;
(b) the name and registered office of the special-purpose equipment in the Czech Republic;
(c) the period for which the special purpose vehicle is based, unless it is based on an indefinite period;
(d) the designation of its statutory body in the Czech Republic;
(e) personal data of members of the statutory body;
(f) its statutes;
(g) the method of publication of the annual activity report and the management of the special-purpose equipment for the calendar year;
(h) the procedure for approving amendments to the instrument of incorporation.
(4) The articles of association referred to in paragraph 3 (f) must include:
(a) the particulars referred to in paragraph 3 (b) and (d);
(b) the way in which the members of the statutory body are set up and removed and the duration of their term of office, if any,
(c) the manner in which the statutory body acts and acts on behalf of the special-purpose establishment;
(d) the type of service of general interest to be provided by the special purpose vehicle, the conditions for its provision and the subject of business and other ancillary activities, if they are to be carried out.
(5) The annual report of the special-purpose establishment must include:
(a) an overview of the activities carried out during the previous calendar year, indicating the relationship with the purpose of setting up the special-purpose equipment;
(b) the accounts and the assessment of the basic data contained therein;
(c) the opinion of the auditor on the annual accounts of those special-purpose establishments in whose assets the assets of the State or of the municipality have been transferred or which use the assets of the State or of the municipality or receive subsidies from public budgets;
(d) an overview of revenue and expenditure;
(e) an overview of the extent of revenue (income) broken down by resource;
(f) development and final status of special-purpose equipment funds;
(g) the status and movement of the assets of the special-purpose equipment;
(h) the total amount of expenditure (costs), broken down by expenditure (costs) incurred for the performance of services of general interest, for the performance of ancillary activities and for the management of the special-purpose equipment,
(i) amendments to the instrument of incorporation and the composition of the statutory body of the special-purpose equipment which took place during the previous calendar year;
(j) other particulars provided for in the Statutes.
(6) The application for registration of special-purpose equipment must contain the instrument of incorporation referred to in Article 16a (3).
(7) If the application for registration of the special-purpose equipment does not contain all the particulars referred to in paragraphs 1, 3 and 4, the Ministry shall proceed in accordance with Article 16 (5).
(8) The Ministry shall record the special-purpose equipment by registration in the Register of registered legal persons upon submission of the proposal referred to in paragraphs 1 and 6 no later than 30 days from the date on which all the particulars for such registration have been completed.
(9) If it is not a legal person registered under this Act, the Ministry shall reject the proposal for registration of the special-purpose equipment. '
36. In the title of the head V the word "SURVEILLANCE 'is replaced by the word" EVIDATED';
37. In Section 17, the word "church 'is replaced by" registered'.
38. In Article 17 (1), the word "church 'is replaced by the word" registered'; the words "legal persons registered or registered under this Act and under this Act 'are inserted after the word" registered'.
39. in Paragraph 17 (6), the word "church" shall be replaced by "registered."
40. In Article 17, paragraphs 7 and 8 are added, including footnote 15a:
"(7) The Ministry shall publish the parts of the registers referred to in paragraph 1 which are a public list in a way that allows remote access.
(8) The entry in the registers referred to in paragraph 1 of the subject-matter of the activity shall not replace the authorisation to exercise it. This authorisation is only obtained on the basis of compliance with the conditions laid down in specific legislation15a).
15a) For example trade law, Act No. 160 / 1992 Coll., on health care in non-state health institutions, as amended, Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act). '
41. in Paragraph 18 (1), the following point (d) is inserted:
"(d) the subject matter of the public service, business and other gainful activities, where they are carried out;"
Points (d) to (g) shall be renumbered as points (e) to (h).
42. In Paragraph 18 (1), the dot at the end of point (h) is replaced by a comma and the following point (i) is added:
"(i) the manner in which the body of the registered church and religious society may act, pursuant to Article 10 (3) (d)."
43. In Paragraph 18 (2), the word "amendments' is replaced by" registration of amendments'.
44. in Paragraph 19 (1), the following point (e) is added:
"(e) the subject matter of the association of churches and religious societies,"
Points (e) to (g) shall be renumbered as points (f) to (h).
45. in Paragraph 19 (1), the dot is replaced by a comma at the end of point (h) and the following point (i) is added:
"(i) the manner in which the statutory body of the association of churches and religious societies shall act."
46. In Paragraph 19 (2), the word "changes' is replaced by" registration of changes'.
47. Paragraph 20, including the title, reads:
Register of registered legal persons
(1) The following information and changes to the registered legal person are entered in the Register of registered legal persons under this Act
(a) the name indicating the date and the registration number;
(b) registered office in the Czech Republic;
(c) the designation of its statutory body in the Czech Republic;
(d) personal data of members of its statutory body;
(e) identification number,
(f) the subject matter of the public service, business and other gainful activities, where they are carried out;
(g) the cancellation of its registration, the entry into liquidation and the personal data of the liquidator, the bankruptcy declaration and the personal data of the liquidator, the rejection of the application for bankruptcy for lack of assets and the opening of the settlement procedure, indicating the date and number of the decision on these facts;
(h) identification of its successor in title, if it is cancelled with the successor in title;
(i) disappearance as a legal person registered under this law;
(j) the manner in which the statutory body is to act.
(2) The Register of Registered Legal Persons under this Act shall include a collection of documents containing the documents attached to the application for registration of a legal person and to proposals for registration of their change. '
48. In the title of Title VI, the word "SURVEILLANCE 'is replaced by the word" EVIDATED'.
49. in Article 22 (1) (d), the words "were not" shall be replaced by the words "was not," the words "constituted by the authorities" shall be replaced by the words "established by the institution" and the words "under Article 10 (3) (d)" shall be inserted after the words "company."
50. In Article 23, the words "an application for bankruptcy or an application for bankruptcy 'are inserted after the words" at the time' and the word "church 'is replaced by the words" registered'. In footnote 16, the following text is added to the new line: "Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended by Act No. 122 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 74 / 1994 Coll., Act No. 117 / 1994 Coll., Act No. 156 / 1994 Coll., Act No. 224 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 94 / 1996 Coll., Act No. 101 / 2003 Coll., Act No. 151 / 1997 Coll., Act No. 12 / 1998 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 125 / 2002 Coll., Act No. 105 / 2000 Coll., Act No. 214 / 2000 Coll.
51. in Article 24 (2), the word "church" shall be deleted;
52. In Paragraph 24 (3), the word "church" shall be deleted.
53.In Article 25 (1), "(f)" is replaced by "(g)."
54. Paragraph 26, including the title, reads:
Cancellation of registration of a registered legal person and its disappearance
(1) The Ministry shall cancel the registration of a registered legal person pursuant to Article 15a (1)
(a) on a proposal from the body of the registered church and the religious society which has proposed it for registration, within 5 working days of the date of service of that proposal,
(b) on its own initiative, finding that the legal person is acting in contravention of the definition of his or her competence in the application for registration pursuant to Article 16 (2) or Article 16a (3) and (4) or in breach of law, and in the absence of a remedy to that effect by the competent authority of the registered church and the religious society which proposed him or her for registration, following the invitation of the Ministry, on the date on which the decision on the revocation of the registration became final;
(c) on its own initiative, if the registration of a church and a religious society, the body of which has proposed that legal person for registration, is no longer valid on the date of the acquisition of legal power, the decision to revoke the registration of a church and a religious society pursuant to Article 24 (3);
(d) after the cancellation of the bankruptcy following the completion of the schedule order or the cancellation of the bankruptcy on the ground that its assets are not sufficient to cover the costs of the bankruptcy, or after the rejection of the application for a declaration of bankruptcy for a lack of assets, on the date on which the court's order became final;
(e) on its own initiative, if the members of the statutory body have not been established and all the members of the statutory body have ceased their term of office more than a year ago, on the date on which the decision on the revocation of the registration became final,
(f) after the expiry of the period on which it was based on the date of expiry of that period,
(g) on the date stated in the decision to abolish a legal person pursuant to Article 15a (1) (b) under the instrument of incorporation of the special purpose vehicle; or
(h) where the special-purpose equipment does not provide the services referred to in the instrument of incorporation for more than one year, on the date on which the decision to revoke the register becomes final.
(2) The registration of a legal person referred to in Article 15a (1) shall cease to be deleted from the Register of registered legal persons.
(3) The expiry of the registered legal person referred to in paragraph 2 shall be preceded by its abolition with liquidation or cancellation without liquidation if its assets and liabilities are transferred to a registered church and a religious society or another legal person registered under this law.
(4) If, when a registered legal person is wound up, its assets are insufficient to cover its liabilities, the registered church and the religious society whose institution has proposed it for registration shall be liable for these liabilities. The liquidation balance of a registered legal person is transferred to a registered church and a religious society whose institution has proposed it for registration.
(5) If the registered legal person referred to in Article 15a (1) ceases to be liquidated, the date of its deletion from the register shall be the same as the date of termination of its liquidation.
(6) The liquidator shall notify the Ministry within 5 working days of the end of the liquidation.
(7) If a registered legal person is lost without liquidation and no application for bankruptcy is filed for bankruptcy, the date of its cancellation shall be the same as the date of its deletion from the Register of registered legal persons. ';
55. In Paragraph 27 (10), the word "church" is replaced by the word "registered."
56. In Section 29, the word "church 'is replaced by" registered' and after the word "law 'the words" and proposals for the registration of a legal person and the registration of changes' are added.
Transitional provisions
1. On the date of the entry into force of this Act, the register of religious legal persons is changed to the Register of registered legal persons under Act No. 3 / 2002 Coll., as amended by the Constitutional Court found under No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll., as amended by that Act.
2. Church legal persons registered in the Register of Church legal persons become registered legal persons under Act No. 3 / 2002 Coll., as amended by the Constitutional Court Act No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll., as amended by that Act. The date of their registration according to the existing legislation shall be maintained.
3. The authority of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by this Act, is obliged to supplement, within a period of 1 year from the date of the entry into force of this Act, the data on registered legal persons pursuant to Act No. 3 / 2002 Coll., as amended by the Constitutional Court, Act No. 4 / 2003 Coll., as amended by that Act, with the exception of the data referred to in § 16 (2) (a) of Act No. 3 / 2002 Coll., as amended by this Act, are not supplemented. If the data are not completed within this period, the Ministry shall invite the authority of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by this Act, to supplement them within at least 30 days of the date of receipt of the call. The deadline may be extended following a written request by the authority of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by that Act. If the registered church and the religious society do not complete the data even within that period, the Ministry may, depending on the nature of the incomplete data, initiate proceedings to cancel the registered legal person's registration.
4. The authority of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by this Act, is obliged to supplement the data pursuant to § 10 (3) (d) to (h) of Act No. 3 / 2002 Coll., as amended by this Act, within 1 year of the date of entry into force of this Act. If the data are not completed within this period, the Ministry shall invite the authority of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by this Act, to supplement them within at least 30 days of the date of receipt of the call. This period may be extended by the Act No. 3 / 2002 Coll., as amended by the Act, following a written request from the registered church and religious society body pursuant to § 10 (3) (d). If the registered church and the religious society do not complete this information even within this period, the Ministry may, according to the nature of the incomplete data, initiate proceedings to cancel the registration of that registered church and religious society.
5. The body of the registered church and religious society pursuant to § 10 (3) (d) of Act No. 3 / 2002 Coll., as amended by this Act, shall, within one year of the date of the entry into force of this Act, bring the statutes and instruments of incorporation of registered legal persons which it has proposed for registration into compliance with Act No. 3 / 2002 Coll., as amended by the Constitutional Court Act No. 4 / 2003 Coll., as amended by that Act.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as is apparent from the laws and from the finding of the Constitutional Court changing it.
Amendment to the Voluntary Service Act
In Article 6 (2) of Act No. 198 / 2002 Coll., on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service), the word "church 'is deleted and after the words" religious society' the words "registered under the Act governing the status of churches and religious society4 'are inserted.
footnote 4:
"4) Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Companies), as amended by the Constitutional Court found under No. 4 / 2003 Coll., Act No. 562 / 2004 Coll. and Act No. 495 / 2005 Coll. '.
Amendment to the Employment Act
In Paragraph 81 (2) (b) of Act No. 435 / 2004 Coll., on Employment, the word "church 'is deleted and after the words" legal person' the words "registered under the Act governing the status of churches and religious society48 'are inserted.
Amendment to the Accounting Act
In Article 9 (3) (a) of Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 117 / 1994 Coll., Act No. 227 / 1997 Coll., Act No. 353 / 2001 Coll. and Act No. 437 / 2003 Coll., the words "church legal person 'are replaced by the words" legal person registered under the Act governing the status of churches and religious society9'.
footnote 9:
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Regulation Information
| Citation | Act No. 495 / 2005 Coll., amending Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Acts (Act on Churches and Religious Societies), as amended by the Constitutional Court found under No. 4 / 2003 Coll. and Act No. 562 / 2004 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2005 |
|---|---|
| Effective from | 23.12.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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