Government Decree No. 503 / 2000 Coll.

Government Regulation on the Commercial Bulletin

Valid Regulation Effective from 01.01.2001
503
GOVERNMENT REGULATION
of 18 December 2000
on the Trade Bulletin
The Government orders pursuant to § 770 of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 370 / 2000 Coll.:
§ 1
The publication of the Commercial Journal ("the Bulletin ') is provided by the Ministry of the Interior through the Public Administration1 portal (" the portal').
§ 2
(1) The Bulletin publishes information in cases where publication is provided for in the Commercial Code.
(2) The Bulletin further publishes the facts in bankruptcy or compensation proceedings, which are thus laid down in specific legislation.2)
(3) Other notices and particulars shall also be published in the Bulletin, except in the cases referred to in paragraphs 1 and 2, provided that this obligation is provided for in specific legislation.3)
§ 3
(1) From the data entered in the Commercial Register pursuant to Sections 35, 36, 38, 38a to 38c, § 38g and 38h of the Commercial Code, the Bulletin publishes
(a) the information set out in Section 35 of the Commercial Code;
(b) from the information provided for in Section 36 of the Commercial Code with a limited liability company, a limited company and a cooperative of the amount of the share capital or registered capital, a public company with the names or names or companies of the members, a public limited company with the number, type, form, form and nominal value of the shares and an indication of whether or not the transferability of the shares is limited to the name of the public company which performs the function of founder on behalf of the State and the amount of the share capital;
(c) for an undertaking of a foreign person and for an organisational component of an undertaking of a foreign person, the data referred to in Article 38h (1) of the Commercial Code;
(d) in the case of an undertaking of a foreign person and of an organisational component of an undertaking of a foreign person, having its registered office in one of the Member States of the European Union or in another State forming the European Economic Area, the information referred to in Article 38h (2) of the Commercial Code;
(e) the data referred to in § 38g of the Commercial Code, with the exception of those published pursuant to § 2 (2);
(f) in the case of a merger, transfer of assets, division or change of legal form, the particulars referred to in Sections 38, 38a to 38c of the Commercial Code, with the exception of those recorded at the time of the formation of a legal person which are published only to the extent specified in Sections 3 (1) (a) and (b);
(g) the date of registration of the information referred to in points (a) and (e), the designation of the court designated by the special law for the management of the commercial register (hereinafter referred to as "the register court"), the file number under which the register file is kept, as well as the amendment and termination of the recorded facts which have been published.
(2) If the applicant so requests in the application for registration in the Commercial Register, only a notice shall be published in the Bulletin that registration has been authorised in the Commercial Register. The notification shall indicate the registration of the facts, of whom the registration relates, the date of registration, the court of registry and the file under which the register file is kept.
(3) The Bulletin publishes the date and content of the registration in the Commercial Register, the Registry Court and the file number under which the register file is kept, if:
(a) a resolution by the General Assembly on the transfer of participating securities pursuant to Article 183i (1) of the Commercial Code;
(b) the order of the General Assembly on the increase in capital pursuant to Articles 203 (2), 207 (3) and 209a (2) of the Commercial Code,
(c) a decision by the Board of Directors of a public limited company pursuant to Article 210 (1) and (4) of the Commercial Code;
(d) an order by the general meeting of a public limited company on the reduction of capital pursuant to Article 211 (1) of the Commercial Code.
(4) In the Bulletin, information shall be published in full, the publication of which is required by the Commercial Code, indicating the business firm, registered office or place of business and the business identification number. Where an entrepreneur is registered, the register court and the file number shall also be indicated under which the register file is kept.
§ 4
(1) A notice shall be published in the Bulletin of the deposit of each instrument in the collection of the commercial register documents.
(2) The notification referred to in paragraph 1 shall contain the designation of the instrument, person or persons to whom the instrument relates and, where those persons are registered, the register court, the file number under which the register file is kept, and the date on which the instrument was deposited in the register register.
(3) Upon application by the appellant to the instrument deposited in the collection of the documents of the Registry Court, together with the notification referred to in paragraph 2, the contents of the document deposited in full or extracts thereof shall be published in the Bulletin; the essential parts of the contents of the instrument must be indicated in the extract.
§ 5
(1) Data may be published in the Bulletin in cases where the law provides for the obligation to publish them but does not specify the manner of publication.
(2) The Bulletin may also be published
(a) judgments in commercial matters where the court has recognised the right of publication in the judgment,
(b) notifications or decisions of administrative offices concerning entrepreneurs.
§ 6
(1) The original or officially certified copies of the data, notifications or decisions to be published or published shall be the basis for publication or publication in the Bulletin. Data from the Commercial Register, the Endowment Register, the Register of Utilities and the Register of Community Owners of Units shall be sent for publication in electronic form.
(2) The publication or publication price must be paid to the portal operator in the cases referred to in paragraphs 2 to 4 by the person concerned by the published information, in other cases by the person who requested the publication or by a final decision to pay the price.
§ 7
(1) Data intended for publication in the Bulletin shall be sent to the portal operator in the cases referred to in Sections 2 to 4. The data to be published pursuant to Articles 3 (1) to (3) and (4), unless otherwise provided by the law, shall be sent to the portal operator by the registry court, which has carried out the registration of the data in the commercial register or has adopted a document in the list of documents, no later than 2 weeks after the entry or acceptance of the document in the register.
(2) The petitioner shall be responsible for the accuracy of the documents for publication or publication. The portal operator shall be responsible for the compliance of the content of the published or published data with the material provided.
§ 7a
In view of the requirements of specific legislation, the content of the published or published data on the portal and the time when the data on the portal were published or published shall be relevant.
§ 8
Government Decree No. 63 / 1992 Coll., on the Commercial Journal, is hereby repealed.
§ 9
This Regulation shall enter into force on 1 January 2001, except for Article 3 (1) (d), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister and Minister of Justice:
JUDr. Rychetský v. r.
1) Sections 2 (r) and 4 (1) (i) of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll.
2) 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. 151 / 1997 Coll., Act No. 12 / 1998 Coll., Act No. 27 / 2000 Coll., Act No. 30 / 2000 Coll., Act No. 105 / 2000 Coll., Act No. 214 / 2000 Coll., Act No. 368 / 2000 Coll.
3) For example, Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 and Act No. 361 / 2000 Coll., Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll. and Act No. 256 / 2000 Coll.

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Regulation Information

CitationGovernment Decree No. 503 / 2000 Coll., on the Commercial Journal
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation30.12.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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