323/2013 Sb.
The DECREE
on 2 December. October 2013
on the constituent forms on the proposals on the amendment or cancellation of the registration,
data in a public register and repealing certain regulations
The Justice Department determined in accordance with section 21 of Act No 304/2013 Coll.
the public registers of legal and physical persons:
PART THE FIRST
THE SUBJECT OF THE EDIT
§ 1
This Decree lays down the requirements for the submission of proposals on the form
the registration, modification or deletion of data in the public register referred to in the Act on
public registers of legal entities and natural persons (hereinafter referred to as
"the register").
§ 2
The Ministry of Justice shall publish on its website
the form for registration, change or cancellation of the
and society)
(b)), filial society
(c) the foreign Association, filial)
d) Foundation
(e) the Endowment Fund),
(f)) of the Institute,
g) condominiums,
h) a natural person-entrepreneur
I) public companies,
j) limited partnership,
for limited liability companies),
l) joint stock company,
m) team,
n) European economic interest grouping,
about) a European company
p) a European cooperative society
q) foreign person or race odštěpném race of the foreign person,
r) odštěpném plant
with generally beneficial companies.)
PART THE SECOND
FORM ESSENTIALS
TITLE I OF THE
FORM FOR REGISTRATION OF INDIVIDUAL FACTS
§ 3
General requirements
(1) the elements of the application form for registration of persons referred to in section 2 or
the change of the data of these persons are
and indicate that it is) about the proposal for the entry or change the data in the register,
(b) the registration Court) mark,
(c) the designation of the petitioner,)
(d)) indicate a legal person or a natural person-entrepreneur, that
involved, and unless it is a prvozápis, the section number and inserts the file
brand, under which a person is kept,
(e)) an indication whether the proposed changes in the registration or deletion of data,
f) data on the facts that are the subject of a proposal for registration or
the change,
(g)), the date on which the competent should be entered,
h) the list of annexes and
I) date and signature of applicant.
(2) the signature on the form in paper form must be officially verified,
form in electronic form must be signed by a recognized
electronic signature in accordance with the law governing the electronic signature
or sent through a mailbox of a person for registration
serves.
§ 4
Affiliate clubs
In addition to the requirements referred to in section 3 of the application form to the registration contains sub
Association or change data about filial society also the designation of the founder,
If the applicant is not the founder of the Sub.
§ 5
Foreign tail-the Association
In addition to the requirements under sections 3 and 4 of the proposal contains a form for registration
the external tank or change data about foreign filial
the Association is also an indication of the law of the State, which is governed by the foreign Association, and
commands to the right of the State registration, information about registration, including
number of registration in the register, in which the foreign Association.
§ 6
The truck race
In addition to the requirements referred to in section 3 contains the application form for registration
branch or change data on the odštěpném plant also mark
the founder, if the applicant is not the founder of the branch.
section 7 of the
The race of the person or a foreign branch plant of foreign persons
In addition to the requirements referred to in § 3 and 6 contains the application form for registration
plant or branch of the foreign person or change data on the
plant or plant odštěpném foreign person also an indication of whether
This is a race or a separate foreign persons located in the Member
State of the European Union or in another State, representing the European economic
space or whether it is a plant or a separate foreign entity
with headquarters outside the Member State of the European Union or outside the State forming
The European economic area.
§ 8
The cancellation of the natural person-entrepreneur or legal person
The formalities of the application form for the cancellation of the natural person-entrepreneur or
from the register of legal persons are
and indicate that it is) about the proposal for deletion,
(b) the registration Court) mark,
(c) the designation of the petitioner,)
(d) the designation of the person) is deleted, including the section numbers and inserts
the filing marks, below which it is conducted,
(e) the designation of the legal reason for) the deletion of the person from the register,
(f)), the date on which the person is to be deleted from the register,
(g)) the list of annexes and
h) date and signature of the petitioner; the provisions of section 3 (3). 2 shall apply
Similarly.
§ 9
Fusion
(1) the elements of the application form for registration of merger
and indicate that it is) about the proposal for the registration of the merger in the register,
(b)) indicate the registration Court to which the application for registration of merger
served,
(c) the designation of the plaintiffs,)
(d) the designation of legal persons involved) on the merger, including section and numbers
Inserts the file marks under which they are held, and in the formation and
the acquiring legal person concerned,
(e)) the indication of whether and for which a legal person of a proposal to write,
amendment or deletion of data,
f) data on the facts that are the subject of a proposal for registration or
change or designation of legal persons or of persons who have a clear,
g) date on which the merger is to be registered,
h) the list of annexes and
I) date and signature of the plaintiffs; the provisions of section 3 (3). 2 shall apply
Similarly.
(2) an indication of the fact, that is the subject of a proposal to write in
Fusion, change or deletion, means in particular
and for the acquiring legal entity) indicate whether the amalgamation or
merge, merging the data of the designation of the legal
a person, when you merge the designation changes of data, if
occurs, and the designation of legal persons and companies
(b) in the case of a legal person being acquired) indicate whether the lapse as a result of
merging or amalgamation, the designation of any of the companies
legal persons, and the acquiring legal person.
§ 10
The distribution of
(1) the elements of the application form to the registration division are
and indicate that it is) about the proposal on the distribution of registration in the register,
(b)) indicate the registration Court to which the application for registration of the distribution
served,
(c) the designation of the plaintiffs,)
(d) the designation of legal persons involved) to the Division, including the section and
numbers inserts the file marks under which they are kept, and the distribution of
with the emergence of new or new legal persons and the designation of a successor
the legal person or the persons concerned,
(e)) the indication of whether and for which a legal person of a proposal to write,
amendment or deletion of data,
f) data on the facts that are the subject of a proposal for registration or
change or designation of a legal person, to be clear,
g) date on which the distribution is to be registered,
h) the list of annexes and
I) date and signature of the plaintiffs; the provisions of section 3 (3). 2 shall apply
Similarly.
(2) an indication of the fact, that is the subject of the proposal on enrollment, change
or delete, means in particular
and for the acquiring legal entity) indicate whether the split or
merging or splitting of the divestment of or split with the emergence of new
or new legal entities, the indication of the changes in the merger
of the data, if they occur, with the emergence of new
legal persons or individuals marking of data of
legal persons, and the designation of the company being divided or legal persons
and
(b) in the case of a legal person) being adjusted to indicate that in
as a result of the split, and mark all of the recipient of legal persons,
or
(c) in the case of a legal person) distributed in a split indicate that there has been a
divestment, the designation of the acquiring legal person or all
the succession of legal persons and indicate changes of data,
If they occur.
§ 11
Transfer of assets to the partnership
(1) the elements of the application form for registration of a transfer of assets to the partnership
are
and indicate that it is) about the proposal for the registration of the transfer of assets to the partnership
the register,
(b) the designation of the Court), to which the proposal for the registration of a transfer
the assets of the partnership,
(c) the designation of the plaintiffs,)
(d) the designation of the persons concerned) transfer of assets to the partnership, including
section numbers and inserts the file marks under which they are kept,
(e)) the indication of whether and in which the persons involved in the transfer of assets to the
companion of the proposal on registration, change or cancellation of the data,
f) data on the facts that are the subject of a proposal for registration or
change or designation of a legal person, to be clear,
g) date on which the transfer of assets is to be written on the partnership,
h) the list of annexes and
I) date and signature of the plaintiffs; the provisions of section 3 (3). 2 shall apply
Similarly.
(2) an indication of the fact, that is the subject of the proposal on enrollment, change
or delete, means in particular
and in the case of a legal person being acquired) indicate that the lapse as a result of the transfer of
the assets of the partnership, and the designation of the přejímajícího partnership and
(b)) for the přejímajícího companion designations that took over the assets of a legal
the person with the designation of the defunct legal persons.
§ 12
Change of legal form
(1) the elements of the application form for registration of changes of the legal forms are
and indicate that it is) about a proposal to change the legal form,
(b)) indicate the registration Court to which the application for registration of changes
the legal form is submitted
(c) the designation of the petitioner,)
(d) the designation of the legal entity), which changes its legal form, including section
numbers and inserts the file brand, under which it is conducted,
(e)), an indication that it is a proposal for deletion and for registration,
f) data on the facts that are the subject of a proposal for deletion and write,
(g)) the day on which the change of legal form should be written,
h) the list of annexes and
I) date and signature of the plaintiffs; the provisions of section 3 (3). 2 shall apply
Similarly.
(2) an indication of the fact, that is the subject of the proposal for deletion and write,
means, in particular,
and in the case of a legal person), which amends the legal form, designation of legal persons
After the registration of the change of legal form to the register and the
(b) the proposal to write) the designation of the information to be recorded in the minutes
legal persons in the register.
section 13
Cross-conversion
(1) the elements of the application form for the registration of cross-border mergers are
the facts referred to in section 9, the cross-border distribution
the facts referred to in section 10 and the registration of cross-border transfer of assets
the facts referred to in section 11. In the proposal for registration shall specify that it is for the registration of
cross-border mergers cross-border or cross-border distribution
takeover of assets.
(2) the elements of the application form for the registration of cross-border merger or
the distribution of the data of registration are also acquiring foreign legal persons
and the numbers in this notation.
(3) the particulars of the application form for the registration of cross-border credit transfer
registered office are
and indicate that it is) about a proposal to write a cross-border transfer of registered office to
the register,
(b)) indicate the registration Court to which the application for registration
the cross-border transfer of the registered office shall,
(c) the designation of the petitioner,)
(d)) with respect to the relocation of the registered office abroad, the designation of the Czech legal
the person who has transferred its registered office abroad, which concerns the proposal, including
section numbers and inserts the file brand, under which it is conducted,
e) in the case of the transfer of the registered office in the Czech Republic, the designation of a foreign
legal persons before the headquarters of the Czech Republic, including
the designation of a foreign register, and the date of such registration numbers, if
in the State in which it was written, requires, and its designation in the
The Czech Republic,
f) data on the facts that are the subject of the proposal for the deletion of, or
entry in the register,
(g)) the day on which the cross-border transfer of the registered
h) the list of annexes and
I) date and signature of the plaintiffs; the provisions of section 3 (3). 2 shall apply
Similarly.
(4) an indication of the fact, that is the subject of the proposal for deletion according to the
paragraph 3, means in particular the indication of the fact that the legal person
moved the head office abroad with details of its business, the company name or
the headquarters abroad, and the designation of a foreign register, in which the
the legal person is registered, including the number and the date of such registration, if the
It's in the State of the new premises of legal persons requires.
(5) the indication of the fact, that is the subject of a proposal for registration under
paragraph 3, means the fact that shall be entered on the appropriate forms
the Czech legal entity in the register.
TITLE II
COMMON PROVISIONS
§ 14
(1) a natural person who is known by name, date of birth and birth number,
If it is assigned, and the address of the place of stay, where appropriate, the address of the
residence, and, in the case of a natural person-entrepreneur, the identification
number, if assigned.
(2) a legal person indicates the name or business name,
the identification number of the person, if it is assigned, and the address of its
of the registered office.
(3) the address of the place of stay, the resident shall mean domestic or
foreign address.
(4) the Local address shall be assigned to the address of the memory address space
served in the basic territorial registry identification, addresses, and real estate.
Domestic address data
and the name of the village) or military district; in Prague, the name of the circuit
(Prague 1 to 10)
(b) the name of the village), if it is not identical with the name of the municipality; in Prague, the lists
the name of the cadastral territory,
c) postal code number assigned to the memory address space,
(d) the name of the street) or other public spaces,
e) house number or registration number; the registration number is
marks the abbreviation no ev.; the Guide number, if assigned,
indicate the number or registration for descriptive and separated with a slash.
(5) the Foreign address of the form, in particular, the name of the city (municipality) and a region name
Street and house number, postcode (ZIP code), and the name of the State.
PART THE THIRD
FINAL PROVISIONS
§ 15
Cancellation provisions
Shall be repealed:
1. Ministry of Justice Decree No. 479/2000 Coll. on remuneration and
the reimbursement of cash expenses of the liquidator and member of the authority of the company
appointed by the Court.
2. Decree No. 562/2006 Coll., which provides a way to convert documents
in electronic form, the management of the transferred documents and
mandatory electronic instruments (Ordinance on digitisation
the commercial register).
3. Decree No. 414/2011 Coll., on details of the submission forms
proposals for the registration in the commercial register.
section 16 of the
The effectiveness of the
This Decree shall take effect on 1 January 2005. January 2014.
Secretary:
Mgr. B in r.
