Act No. 87 / 2015 Coll.
Law amending certain laws in relation to the effectiveness of the recdification of private law
Valid
Law
Effective from 01.05.2015
Text versions:
01.05.2015
17.04.2015
87
THE LAW
of 19 March 2015
amending certain laws in connection with the effectiveness of the recdification of private law
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on judicial fees
Act No. 5 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 17 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. In Article 1, at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) the entry in a public register by a notary at the request of the person authorised to file it."
2. In Article 2 (1), the comma at the end of point (e) is replaced by a dot and point (f) is deleted.
3. In Article 2, paragraph 10 is added:
"(10) The fee payable for the registration of a fact in a public register by a notary shall be the person at whose request the registration is made. ';
4. In Article 3, the following paragraph 6 is added:
"(6) In the case of registration fees in a public register made by a notary, the regional court in whose territory the general court is the person to whom the registration relates shall be the competent court. '
5. In Article 4, the following paragraph 3 is added:
"(3) If there is a fee for the registration of a fact in a public register by a notary, the fee shall be payable at the time of the application to the notary by the person authorised to file it. '
6. In Article 5, the words "and the fee for entering the facts in the public register by a notary" shall be inserted after the word "acts."
7. In the first sentence of Article 7 (1), the words "except for the registration fee by a notary," shall be inserted after the word "Fee."
8. the following Section 7a is inserted after Section 7, including the title:
Collection and payment of the registration fee by a notary
(1) A fee for the registration of a fact in a public register by a notary is levied and paid by the payer of the fee, which is the notary who makes the registration.
(2) The payer shall be obliged to collect the fee for the registration of a fact in a public register by the notary from the payer within 10 days of the date of the application to the notary by the person authorised to file it.
(3) Cash equivalent to the fee collected for registration by a notary in a public register shall be entered or transferred into a separate account in Czech crowns in a bank, savings and credit cooperative or in a foreign bank which has its registered office in the territory of a Member State of the European Union or a State forming a European Economic Area, intended solely for this purpose, the owner of which is the payer of the fee.
(4) The fee payer shall pay the fee to the administrator within 15 days of the registration. '
9. In Article 8, at the end of paragraph 4, the sentence "The fee for the registration of a fact in a public register by a notary may not be paid by stamp marks."
10. In Article 9, paragraphs 10 and 11 are added:
"(10) If the fee is not paid by the payer for the registration of a fact in the public register by the notary of the payer of the fee and the payer of the fee does not, as a result, levy the fee, the payer shall not make the fee.
(11) Where the payer of a fee for the registration of a fact in a public register made by a notary is late for more than 4 working days following the due date referred to in Article 7a (4), the administrator shall require him to pay the unpaid part of the fee by decision and shall provide for an increase of 20% of the unpaid part of the fee; This increase is an accessory to the fee that follows his fate. '
11. in Article 10, the following paragraph 11 is added:
"(11) If there is a fee for the registration of a fact in a public register by a notary, the charge shall cease if the registration has not been made. If the fee has been collected by the payer from the payer, the payer shall return it to the payer. ';
12. in Article 11 (1), the words "unemployment benefits, retraining and compensation and foster care benefits" shall be added at the end of the text in point (b).
13. in Article 11 (1), the following point (k) is inserted after point (j):
"(k) the entry of data on the association, the subsidiary association, the trade union organisation, the international trade union organisation, the employers' organisation and the international organisation of employers and their subsidiary organisation, the Foundation, the Foundation, the Foundation, the Institute and the public utility company in the public register or any changes thereto,"
Points (k) to (m) shall be renumbered as points (l) to (n).
14. in Article 11 (2) (e), the words "or the words" shall be inserted after the words "working."
15. in Article 11 (2) (u):
"(u) a trade union organisation, an international trade union organisation, an employer organisation and an international organisation of employers or their subsidiary organisation in matters relating to the registration, amendment and termination of their registration.";
16. In Article 11 (5), the sentence "The exemption provided for in paragraph 1 (g), (k) and (l) and the exemption provided for in paragraph 2 shall be inserted after the first sentence and shall apply to the fee for the registration of a fact by a notary."
17. In the Annex to entry 11, the following point (d) is added at the end of point 1:
"(d) for the registration of a business company of a properly established business corporation made before the registration of a business corporation in the public register of CZK 1,000."
18. At the end of the Annex, the following entry 39 is added:
"Fee for registration in public register by notary
Heading 39
1. For the registration of a fact in a public register by a notary
| a) za první zápis akciové společnosti do veřejného rejstříku | 8 000 Kč |
| b) za první zápis osoby do veřejného rejstříku, s výjimkou akciové společnosti nebo spolku | 2 700 Kč |
| c) za změny nebo doplnění | 1 000 Kč |
2. The fee referred to in point 1 (c) shall be collected for the application only once, irrespective of the number of factors to be amended or supplemented in the application. An amendment shall also mean a request for a deletion of a fact and a registration of a new fact relating to a legal person, or only a request for a deletion of a fact if it is not replaced by another fact, or only a request for registration of a supplementary fact, unless it replaces another fact. The amendment shall not include an application for the removal of a legal person from the public register.
3. A fee under this item shall not be levied for the registration of a fact in a public register by a notary at the request of a contributory organisation set up by a local authority. ';
Transitional provision
For proceedings initiated before the date of entry into force of this Act, Act No. 549 / 1991 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment of the Civil Code
In Article 9 (2) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 158 / 1969 Coll., Act No. 519 / 1991 Coll., Act No. 24 / 1993 Coll., Act No. 160 / 1995 Coll., Act No. 227 / 1997 Coll., Act No. 30 / 2000 Coll., Act No. 46 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 271 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 112 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 404 / 2012 Coll., and Act No. 293 / 2013 Coll., at the end of the text of the letter (l), the words "except for disputes concerning contributions of members of the owners' of the house and land, disputes on the advance payment for services and method of payment of services'.
Transitional provision
Law No. 99 / 1963 Coll., as effective before the date of entry into force of this Act, shall apply to the determination of substantive jurisdiction in the proceedings.
Amendment to the Law on Special Proceedings
Act No 292 / 2013 Coll., on Special Judicial Procedures, is amended as follows:
1. in Article 108 (1), the following point (c) is inserted after point (b):
"(c) the surviving spouse who acquires the property under an agreement approved by a court pursuant to Article 162 (1) or settlement by a court order pursuant to Article 162 (2), if the estate proceedings have been terminated pursuant to Article 153 or 154;"
Point (c) shall be renumbered (d).
2. In Article 108 (1) (d), "or (b) 'is replaced by" to (c)';
3. In Part Two, Title IV, Part 8, the following Section 353a is inserted before Section 354:
Local jurisdiction
(1) The general court of the lien debtor shall be competent for the proceedings.
(2) In the place of the court referred to in paragraph 1, the court in whose jurisdiction the real estate is situated shall be responsible for the proceedings in respect of the proceedings. ';
4. In Paragraph 458, "445 'is replaced by" 467'.
Transitional provision
Law No 292 / 2013 Coll., as effective before the date of entry into force of this Act, shall apply to the determination of local jurisdiction in proceedings which began before the date of entry into force of this Act.
Amendment to the Administrative Rules of Procedure
In Article 7 (3) and Article 31 (2) of Act No. 150 / 2002 Coll., the Administrative Rules, as amended by Act No. 436 / 2004 Coll., Act No. 350 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 303 / 2011 Coll. and Act No. 396 / 2012 Coll., the words "foster care benefits," shall be inserted after the words "State social aid."
Transitional provisions
1. Law 150 / 2002 Coll., as effective before the date of entry into force of this Act, shall apply to the determination of local jurisdiction in proceedings concerning foster care benefits.
2. In cases where the Supreme Administrative Court annulled the decision of the Municipal Court in Prague on the matters of foster care benefits which were issued before the date of entry into force of this Act, after the date of entry into force of this Act and returned the case to further proceedings, the Municipal Court in Prague will complete the proceedings.
Amendment of the Act on public registers of legal and natural persons
Law 304 / 2013 Coll., on public registers of legal and natural persons, is amended as follows:
1. In Paragraph 114, the following paragraph 2 is inserted after paragraph 1:
"(2) The notary of the document which has been submitted to him in paper form and which is not included in the collection of documents shall be transferred to the electronic form and sent without undue delay to the competent registry court. ';
Paragraph 2 shall become paragraph 3.
2. In Paragraph 114, the words "and 2 'shall be added at the end of paragraph 3.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 87 / 2015 Coll., amending certain laws in connection with the effectiveness of the recdification of private law |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2015 |
|---|---|
| Effective from | 01.05.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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