Decree No. 517 / 2021 Coll.
Order amending certain enforcement and enforcement decrees
Valid
Order
Effective from 01.01.2022
Text versions:
01.01.2022
23.12.2021
517
DECLARATION
of 16 December 2021
amending certain regulations in the field of enforcement and enforcement
The Ministry of Justice shall establish, pursuant to § 374a (e) and (g) of Act No. 99 / 1963 Coll., the Civil Code, as amended by Act No. 286 / 2021 Coll., and pursuant to § 131 (1) (a), (c), (d), (f) and (g) of the Act No. 120 / 2001 Coll., on judicial enforcement and enforcement activities (Enforcement Order) and amending other laws, as amended:
Amendment of the decree on the level of remuneration of the managers of the undertaking, the method of determining it and the determination of compensation for their final expenses
Decree No 485 / 2000 Coll., on the amount of the remuneration of the managers of the company, the method of determining it and the method of determining the reimbursement of their final expenses, as amended by Decree No 329 / 2009 Coll., is amended as follows:
1. In the title of the Order, the words "business managers' are replaced by the words" business manager and real estate manager ', and at the end of the title of the Order the words "and the flat-rate compensation of the wage or other income payee' are added.
2. Article 1 shall be deleted, including the title;
3. The heading "Remuneration and reimbursement of final expenses of the plant manager 'is inserted above the designation of Section 2.
4. In Paragraph 2 (1), the words "the basis' are replaced by the words" If the court decides, in the execution of the decisions of the disabled of the establishment, to order the sale of the plant in auction, the basis', the word "the undertaking 'is replaced by the word" the establishment', the words "1 and 'are inserted after the words" 338n ()' and the words "at the end of the second sentence 'are deleted.
5. Paragraph 2 (2) reads as follows:
"(2) If the court decides that the execution of the plant's handicaps will continue to be continued by the management of the plant, Paragraph 4a (1) and (2) shall apply mutatis mutandis to the remuneration of the plant manager. '
6. In Article 2, the following paragraph 3 is added:
"(3) The remuneration of the plant manager shall be at least CZK 45,000."
7. In Articles 3 and 4 (1), the word "undertaking 'is replaced by" establishment'.
8. The heading under the heading § 4 is deleted.
9. The following Sections 4a to 4e are inserted after Section 4, including the headings:
"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. ';
Transitional provision
In order to determine the remuneration and reimbursement of final expenses in proceedings in which a decision on the provision of the plant manager or the real estate manager has been taken before the date of entry into force of this decree, Decree No 485 / 2000 Coll., as effective before the date of entry into force of the decree, shall apply.
Amendment of the Order on the remuneration and compensation of the court executor, on the remuneration and reimbursement of final expenses of the manager of the undertaking and on the conditions for insurance of liability for damage caused by the executor
Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the final expenses of the manager and on the conditions of liability insurance for damage caused by the executor, as amended by Decree No. 233 / 2004 Coll., Decree No. 291 / 2006 Coll., the Constitutional Court's finding, published under No. 94 / 2007 Coll., Decree No. 330 / 2008 Coll., Decree No. 368 / 2009 Coll., Decree No. 63 / 2012 Coll., Decree No. 490 / 2012 Coll. and Decree No. 441 / 2016 Coll., are amended as follows:
1. In the title of the Order, the words "the remuneration and reimbursement of the expenses incurred by the manager of the undertaking 'are replaced by the words" the manager of the commercial establishment, the manager of the real estate and the payer of the wage or other income', the words "the damage caused 'are replaced by the words" the damage caused by the court' and the words "the executive tariff 'are added at the end of the title of the decree.
2. In Section 4, the words "Company managers' are replaced by the words" Property managers' and the words "sales' are replaced by the words" real estate management '.
3. In Paragraph 5 (3), the words "real estate handicaps' are replaced by the words" the sale of real estate 'and the words "the undertaking' are replaced by" the establishment '.
4. Paragraph 5 (4) reads as follows:
"(4) Where the execution is carried out under the enforceable title in which the creditor is entitled to the returnees, the basis for determining the remuneration shall be the amount of the enforceable performance not including the costs of execution and the costs of the creditor. Where the basis for determining the remuneration is the amount of the performance not including the costs of the execution and the costs of the creditor, which have been recovered from the repayable benefits from the date on which the execution proceedings are opened, the basis for determining the remuneration shall not exceed five times the annual performance. ';
5. in Article 11 (2), (3) and (5), the word "authorisation" shall be replaced by "delegation."
6. Paragraph 12 (1) reads as follows:
"(1) The amount of the advance on the costs of execution referred to in paragraph 2 and the time limit for the deposit on the costs of execution referred to in paragraphs 2 and 3 shall be determined by the executor. ';
7. In Paragraph 12 (2), the word "advance 'is replaced by" If not otherwise provided for in paragraph 3, advance'.
8. In Article 12, paragraphs 3 and 4 are added:
"(3) If the execution is conducted for a claim for which the execution has already been stopped once or for the recovery of the costs of the execution which has been stopped and the costs of the proceedings have not been paid, the advance shall be CZK 500.
(4) The advance on the further execution management is CZK 500. "
9. in Article 22a (2) and (3), the words "court or prosecutor" shall be replaced by the words "criminal proceedings authority" and the words "or to which jurisdiction has been transferred under the special legislature7" shall be added at the end of the text of paragraph 3.
footnote 7:
"7) Act No. 279 / 2003 Coll., on the execution of property and property security in criminal proceedings and on the amendment of certain laws, as amended."
10. In the title of Section 7 and Section 24, the word "undertaking 'is replaced by the words" establishment and manager of the immovable property'.
11. in § 24, the words "special legislation (6)" are replaced by the words "decree governing the remuneration of the plant manager (6)."
12. The following Part Eight is inserted after Part Seven:
PRELIMINARY DETERMINATION OF COSTS OF WAGES OR OTHER REVENUE
The amount and method of determining the flat-rate reimbursement of the costs of the payer's salary or other income shall apply mutatis mutandis to the decree governing the remuneration of the plant manager (6). '
Parts 8 and 9 shall be renumbered as parts 9 and 10.
13. In the title of Part Nine, "INJURY 'is replaced by" INJURY'.
14. In Paragraph 25, the word "damage 'is replaced by" damage'.
Transitional provision
The advance on the costs of execution according to the second part of Article IV, point 18 of Act No. 286 / 2021 Coll., amending Act No. 99 / 1963 Coll., the Civil Code, as amended, Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended, and some other laws, is CZK 500.
Amendment of the Decree on procedures for execution and other activities
Decree No. 418 / 2001 Coll., on procedures for execution and other activities, as amended by Decree No. 463 / 2009 Coll., Decree No. 491 / 2012 Coll., Decree No. 149 / 2013 Coll., Decree No. 365 / 2014 Coll., Decree No. 461 / 2017 Coll. and Decree No. 264 / 2021 Coll., are amended as follows:
1. Article 5 shall be deleted, including the title.
2. In Article 6 (2), the words "where appropriate, the obligation to pay the costs of the payer's salary shall be inserted after the words" the costs of the entitled person, "and at the end of the text of the first sentence, the words" or the costs of the payer's salary shall be added. "
3. In Article 6b, the words "and pursuant to Article 75 (2) 'shall be inserted after the words" 46 (5)'.
Amendment of the central record of execution decree
Decree No. 329 / 2008 Coll., on central records of executions, as amended by Decree No. 426 / 2008 Coll., Decree No. 366 / 2009 Coll., Decree No. 489 / 2012 Coll. and Decree No. 265 / 2021 Coll., is amended as follows:
1. In Paragraph 1 (2), the word "deleted 'is deleted and the word" removed' is replaced by the word "deleted '.
2. In Article 1 (3), the words "in the notification of the start of execution pursuant to § 125 (1) (a) or in the decision referred to in § 125 (1) (b) 'are replaced by" in the documents referred to in § 125 (1) (a) to (c) and (f)'.
3. in Article 2 (1) (c) (1) and (3), the words "with the exception of execution costs and authorised costs" shall be deleted;
4. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) an indication that the debtor is subject to execution by the sale of movable property, if not for execution under Paragraph 67 (2) of the Rules of Enforcement,
(f) an indication that the execution is carried out after the suspension of the execution pursuant to Article 54 (9) of the execution order. ';
5. In Article 2 (5), after the first sentence, the sentence "If an indication of the legal successor authorised under Article 125 (3) of the Rules of Procedure has been entered in the register, the record shall also be kept of the particulars of the earlier creditor."
6. In Article 2 (6), the words "the title, the name and, where applicable, the names of the executor leading or leading the proceedings, shall be inserted at the beginning of point (a), and the name of the executor leading or leading the proceedings shall be as follows:
7. in Paragraph 2 (6) (b), the word "authorisation" is replaced by "delegation."
8. In Article 2a, the words "orders under § 125 (1) (c) 'are replaced by the words" orders under § 125 (1) (d)' and the words "years under § 125 (1) (d) 'are replaced by the words" years under § 125 (1) (e)'.
9. In Article 3 (1), the words "notification of the start of execution under § 125 (1) (a) 'are replaced by the words" documents referred to in § 125 (1) (a) or (b)'; the words "point (b) 'are replaced by the words" point (c)'; the words "Update of the data under § 125 (2) (d) (e) 'are inserted after the sentence" Updates under § 125 (2) (1) (e)'; the words "Minutes of the execution pursuant to § 2 (1) (e) shall be added within 3 working days after the end of paragraph (1);
10. in Paragraph 3 (2), the word "remove" shall be replaced by the word "delete."
EFFECTIVE
This Decree shall take effect on 1 January 2022.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 517 / 2021 Coll., amending certain regulations in the field of enforcement and enforcement |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
The regulation text is for informational purposes only.
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