Act No. 68 / 2013 Coll.
Act on the amendment of the legal form of civil society to a public utility company and on the amendment of Act No. 248 / 1995 Coll., on public utility companies and on the amendment and addition of certain laws, as amended
Valid
Law
Effective from 01.04.2013
Text versions:
01.04.2013
19.03.2013
68
THE LAW
of 19 February 2013
on the change of the legal form of the civil society into a public utility company and amending Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws, as amended
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE LEGAL FORM OF CIVIL ASSOCIATION TO THE GENERAL PROFIT COMPANY
(1) The Act provides for a change in the legal form of a civil association established under another legislation1 (hereinafter referred to as the association) to a community of general interest.
(2) In the event of a change of legal form, an association whose legal form changes, does not cancel or disappear only changes its legal circumstances.
(1) The Association may decide to change its legal form to a public utility company. An association may change its legal form only if all members of the association agree. If a member of the association refuses to grant or disagrees with a change of legal form without a serious reason, the association may, within 3 months of the refusal or the statement of opposition, request the court to replace the member of the association with a judicial decision. The Court of First Instance shall replace the consent of a member where justified reasons are available for changing the legal form.
(2) A decision to amend the legal form shall be taken by the association to draw up a notarial registration, which shall replace the instrument of incorporation of the community of general interest and shall include the formalities laid down by law for that instrument, which shall govern the legal situation of the community of general interest (2). The decision to change the legal form of the association shall include the designation of persons who have the status of founders of a community of general interest, the designation of persons who are members of the Management Board and the designation of the person of the Director.
(3) The application for registration of a change of legal form in the register of public utility companies shall be submitted by persons who are founders of a public utility within 90 days of the date of the decision to change the legal form. If the application is not lodged within the time limit set, the application for registration in the register of companies of general interest may no longer be lodged on the basis of such a decision.
(4) The membership of members of the association shall cease on the date of registration of the change in legal form in the register of public utility companies.
(5) If the entry of a change of legal form in the register of public utility companies has been authorised, such registration may no longer be revoked.
A generally beneficial company shall publish a change of legal form in the Commercial Journal no later than 30 days after its registration in the register of utility companies.
The change of legal form shall be notified to the Ministry of the Interior, within 15 days of its entry into the register of public utility companies, by the Director of the public utility company, which shall indicate the change of legal form in the register kept under the legislation governing the association of citizens.
Common provision
A decision to change the legal form of the association to a public utility company may be taken by 31 December 2013 at the latest.
Amendment of the Act on public utility companies
Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws, as amended by Act No. 208 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 437 / 2003 Coll., Act No. 296 / 2007 Coll., Act No. 126 / 2008 Coll., Act No. 227 / 2009 Coll. and Act No. 231 / 2010 Coll., is amended as follows:
1. in Paragraph 2 (1) (c), "profit or loss" is replaced by "profit or loss."
2. In Paragraph 21 (1) (f), the word "wage 'is replaced by" remuneration'.
EFFECTIVE
That law shall take effect on the first day of the first calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
1) Act No. 83 / 1990 Coll., on the association of citizens, as amended.
2) Article 4 of Act No. 248 / 1995 Coll., on Public Beneficial Companies and on the amendment and addition of certain laws, as amended.
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Regulation Information
| Citation | Act No. 68 / 2013 Coll., on the change of the legal form of civil society to a public utility company and on the amendment of Act No. 248 / 1995 Coll., on public utility companies and on the amendment and addition of certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2013 |
|---|---|
| Effective from | 01.04.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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