432/2013 Coll.
DECREE


Dated December 12, 2013,

Amending Decree of the Ministry of Justice no. 196/2001 Coll., On
remuneration and compensations of notaries and administrators of the succession, as amended regulations


Ministry of Justice pursuant to § 35a paragraph. 9 and § 107 of the Act
č.358 / 1992 Sb., On notaries and their activities (Notary Act), as amended
Act no. 303/2013 Coll. and, pursuant to § 516 of the Act no. 292/2013 Coll., on
special judicial procedures:

Art. I

Decree no. 196/2001 Coll., On remuneration and compensations of notaries and administrators
heritage, as amended by Decree no. 42/2002 Coll., Decree no. 403/2005 Coll., Decree No.
. 399/2006 Coll. and Decree no. 167/2009 Coll., is amended as follows:

First The title of the decree, the words "managers and heritage" is replaced by "
administrators of the estate and the Chamber of Notaries of the Czech Republic (Notary
tariff)."

Second In footnote no. 4 of the second sentence deleted.

Third In § 2, 11, § 12 para. 2, § 14 para. 2, the title of the sixth title
Part Six Title I, § 22 to 23a, the title of Part Six Title II and § 24 paragraph
. 1, the word "heritage" be replaced by "inheritance".

Fourth In § 3 para. 1 the words "tariff values" are replaced by "value
Course act (hereinafter referred to as" value pricing ")."

Fifth In § 3, paragraphs 2 and 3 added:

"(2) The act is a contract or other legal acts,
certificate of legal action or other legal fact or acceptance
money or securities to a notary deposit. If it is an act on several subjects
action (hereinafter referred to as "composite act"), is considered an act subject
only the subject of an act for which it is for the act stipulated maximum
reward.

(3) Tariff value is the case that is the subject of the course
act, unless this decree otherwise. Value things
means its market value, unless this decree otherwise. ".

6th In § 3, the following paragraph 5 is added:

"(5) The amount of remuneration for the tasks set out in the Annex hereto down
rates in it. For acts specified in the Annex to the remuneration
sets the rate for the acts listed in the Annex to them
their nature and purpose earliest. ".

7th The heading of § 4 shall be deleted.

8th § 4 paragraphs 1-5 added:

"(1) If the act under the purchase agreement, the tariff value is the purchase price
. If the purchase price is significantly lower than the value of the item that is being purchased
, the tariff is the value of this stuff.

(2) If the act under a swap contract, the tariff value is
thing that has a higher value than the cause for which it is a matter of greater value
exchanged.

(3) If the act under a pledge agreement, tariff value is the amount
debt to be secured by a lien. If the value of the pledged things
less than the amount of debt, the tariff is the value of this
things.

(4) If the act under the statute Trust Fund, tariff value is
value of the property, which consists trust fund.

(5) If the object of the act acceptance of money into notarial custody,
tariff value is the amount received sums of money. ".

9th In § 4 para. 6 of the first sentence the words "repeated performance"
be replaced by the words "legal proceedings containing arrangements opětujícím the performance."

10th In § 4 para. 6 of the third sentence, the words "are the subject of rights act"
replaced by "when the subject of legal proceedings act of Rights".

11th Footnote. 5 is repealed.

12th After § 4, a new § 4a added:

"§ 4a

(1) Where the subject matter of the course act pecuniary claim, tariff
value of its amount.

(2) If the object of the subject transaction security, tariff value is
its nominal value if it is printed on it. If the object of the subject
collective action list, tariff value is the sum of the nominal values ​​of
securities, which it replaces. ".

13th In § 5, paragraph 1 reads:

"(1) Where the subject matter with the certification during the general meeting or meetings
legal person (hereinafter the" General Meeting "), as the tariff value
subject to the draft decision, which was at the General
meeting decided, if it was in money. It was when the General Meeting decided
more proposals for decisions, for the purpose of calculating

Reward is crucial proposal for a decision, as a result down
highest reward. ".

14th In § 5, paragraph 3 reads:

"(3) If the subject of an act of legal negotiations on the establishment or abolition of
liquidation business companies, cooperatives or foundations or certificate
those legal considerations, as the tariff value above basic
capital, if it is a company or cooperative, and above
endowment capital, if it is a foundation. ".

15th Footnote. 6, including a reference to footnote
was deleted.

16th In § 5, paragraph 5 reads:

"(5) If the object of the act of conversion, a decision on the transformation
business corporation or a certificate of such a decision, the tariff value above
pacing fortune. If changing business corporations
its legal form, as the tariff value of the amount of its assets.
It does not occur if the conversion of the valuation of assets by an expert, the tariff
value of the equity of the dissolving corporation or business
obchodníkorporace to change their legal form. ".

17th Footnote. 7, reads:

"7) § 528 of the Corporations Act.".

18th In § 7 at the end of paragraph 2 the following sentence, "The reward also belongs
another notary for writing the addendum to the protocol of notarial custody of
approval of the content of this Protocol. If you wrote an addendum to the protocol on
notarial custody on the same notary who drew up the protocol on notarial custody
reward for writing the supplement is included in the remuneration for admission
money into notarial custody. ".

19th In § 8. 1, the word "act" shall be replaced with the word "negotiations".

20th In § 9. 1 point. b) and Section I of Annex B entry point 1.
A) the words "and meetings of legal entities" are deleted.

21st Footnote. 12, including a reference to footnote
was deleted.

22nd At the end of the text of § 11, the words "unless this
decree otherwise."

23rd In § 11, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) if preceded by halting settlement of property management
deceased and the surviving spouse shall reward notary as a court commissioner
2500 CZK.".

24th In § 12 paragraph 1 reads:

"(1) The base pay notary as a court commissioner for acts performed in
management of the estate is the market value of the assets of the estate, unless otherwise
this ordinance.".

Footnote. 13, including references to footnote
was deleted.

25th In § 12 para. 2, the word "testator," is deleted.

26th In § 12 the following paragraphs 3-5 are added:

"(3) If the market value of the assets of the estate is less than the sum
half the usual price of the property belonging to the joint property of the deceased and
surviving spouse and the usual price of the property, which belonged exclusively
testator's foundation rewards notary as a court commissioner
this sum.

(4) If the management of the estate for the purpose, to gain
heritage subsequent heir is the foundation rewards notary as a court commissioner
market value of the assets of the estate, who subsequently acquires heir.

(5) If the management of the estate ordered the liquidation of the estate, the foundation
rewards notary as a court commissioner proceeds from the realization of assets constituting
liquidating nature. ".

27th In § 13 of the introductory part of the provision: "The remuneration of a notary as a court commissioner
whose basis is provided in § 12 para. 1-4, do."

28th In § 13, the existing text becomes paragraph 1 and the following
paragraphs 2 and 3 are added:

"(2) A notary in charge of operations in the management of the estate as
court commissioner acts referred to in § 14 para. 1 or § 15 para. 2, reward
notary as a court commissioner is the total amount
calculated or determined under paragraph 1, or according to § 11 para. 2, or under § 13a and
amount calculated in accordance with § 14 para. 1 or as set out in § 15 para.
2.

(3) When conducting the proceedings pursuant to § 12 para. 2 or according to § 12 para. 4 and
market value of assets that are newly discovered, or property that has
subsequent heir acquire amounts less than CZK 1,000 reward
notary as a court commissioner makes two-thirds of the usual price of such assets. ".

29th Under § 13 the following § 13a is added:

"§ 13a

(1) Remuneration, whose basis is provided in § 12 para. 5, the

The first 100 000 CZK basis ................................ 20% of the remaining amount
up to 500,000 CZK foundation ............... 12.5% ​​
from the remaining amount of up to CZK 1 000 000 base ........... .. 1.7%
of the remaining amount, up to 20 million CZK basis ............ 1.2%
least 3,000 CZK.
Amount of CZK 20 million to the foundation counted.

(2) If liquidation administrator appointed, the remuneration shall be a notary as a court commissioner
one quarter of the remuneration calculated in accordance with paragraph 1. If
notary before the appointment of the liquidation administrator performing acts of liquidation, he also belongs
proportionate part of the remuneration calculated in accordance with paragraph 1
match the scale of its activities. Reward notary as a court commissioner
forms in this case, the sum of the amounts calculated under the first sentence
and the amount calculated under the second sentence. ".

30th In § 14, the following new paragraph 1, which reads:

"(1) If ordered an inventory of the estate belongs notaries as judicial commissioners
as part of the remuneration of a notary as a court commissioner also reward
a census or part conducted on the spot, which makes
CZK 1,000 for each additional hour after the period for which the inventory
carried out on the spot. ".

Existing paragraphs 1 and 2 shall be renumbered 2 and 3

31st In § 14 paragraph 2 reads:

"(2) The remuneration determined under § 11 or calculated in accordance with § 13
including potential reward established and calculated in accordance with paragraph 1 may be reasonably
increase, but less than 100% if the notary acts in the proceedings on || | inheritance have been extremely difficult or time consuming, especially
making more necessary hearings in the case, performing tasks on the spot
itself or the use of foreign law or language.
Remuneration established and calculated pursuant to paragraph 1 can not be increased for the execution of the procedures in place
heart. ".

32nd In § 14 par. 3, the words "or increased in accordance with paragraph 1"
replaced by "or 13a or increased in accordance with paragraph 2 '.

33rd In § 14 par. 3, the last sentence is replaced by the phrase "if there is any
cancel commission notary, notary has the right to remuneration.".

Footnote. 14 is deleted.

34th § 15 reads:

"§ 15

(1) Unless otherwise this Decree, the reward for finding the status and content
deed of purchase in case of death, the declaration of disinheritance, a contract
waiving inheritance rights or lifting of such legal proceedings about
profession executor, administrator of the estate of the occupation, about
contract on matrimonial property regime or commands
conditions or other legal proceedings, which are important for the acquisition
estate, is contained in remuneration notary as a court commissioner.
When undertaking determine the status and content of the documents in the first sentence other than a notary
court commissioner, he is entitled for the reward of CZK 250.

(2) If the findings status and content of documents pursuant to paragraph 1
publicly, such a finding is due for a notary who is a judicial commissioner,
reward in the amount of CZK 500; other notaries, a fee in the amount of CZK 1,500. ".

Footnote. 15 is deleted.

35th Footnote. 16 reads:

"16) Act no. 262/2006 Coll., The Labour Code, as amended
regulations.".

36th § 19 including the title reads:

"§ 19

Cash expenses in connection with notary acts as a court commissioner

(1) finished expenditure incurred in connection with the acts
notary as a court commissioner in the proceedings on the estate are especially
costs associated with the delivery of documents, payment for obtaining information about the property for
obtain data from Information systems for identifying the status and content
documents pursuant to § 15 other notary and travel expenses.

(2) The amount of the reimbursement of travel expenses is determined by a special legal regulation
^ 16). ".

37th In § 22, the words "deceased person's assets, which" shall be replaced
"assets of the estate, whose".

38th In § 23, the words "deceased person or his property" shall be replaced
"assets of the estate or".

39th In § 23 at the end of the text of the first sentence the words "paragraph. 1 and 3 ".

40th Part Seven headline reads:

"Reward Notary Chamber CZECH REPUBLIC".

41st In § 24a para. 1, the word "record" is replaced by "
registration or enrollment changes."


42nd In § 24a para. 1, "a decision of a court or administrative authority
" is replaced by "requests a public authority".

43rd In § 24a para. 1 the words "paragraph 35b. 3 notarial order sent to the Chamber
decision establishing a pledge to" be replaced by "35h
notarial order asked for."

44th In § 24a paragraph 2 and 3 added:

"(2) The Chamber of communication for a person who demonstrates an interest in whether or not registered
instrument of legal proceedings in the case
testator's death, and if it is registered, in which a notary is stored,
a fee in the amount of CZK 500.

(3) the Chamber for the treaty establishing the matrimonial property regimes in the collection of documents
list of instruments of matrimonial property regime and registration
set of data in the register of this list, a fee in the amount of CZK 1 000
. " .

45th In § 24a paragraph 4 is deleted.

46th In Section I of the Annex under A, paragraph 1, first sentence, the word "act"
replaced by the word "negotiations".

47th In Section I of the Annex under A 1 point at the end of the first sentence
words "in the case of a notarial deed, which is the basis for
entry into the public list, at least 2,000 CZK and in case of notarial registration
which is the basis for registration in the public register at least 4
000 CZK; if it is a notarial deed of legal proceedings in the conversion
legal persons at least 10 000 CZK. "

48th In Section I of the Annex under A 1 point at the end of the third sentence
words ", and in the case of a notarial deed, which is the basis for
registration in a public register, at least 4,000 CZK; if it is a notarial
of legal proceedings in the conversion of the legal entity, at least 10 000 CZK. "

49th In Section I of the Annex under A, paragraph 1 sentence
fourth word "pledge agreement or an agreement with consent to enforceability or about
unilateral legal act of recognition of financial assets with consent to enforceability
two-thirds of the amount calculated under the first sentence and second
"is replaced by" agreement with consent to enforceability of a notarial
registration or legal proceedings for recognition of a monetary debt with permission to
enforceability of a notarial deed two-thirds of the amount calculated under sentence
and first and second times at least 2,000 CZK;
for notarial registration of the pledge contract or purchase agreement of two-thirds of the amount calculated under
first and second sentences and always at least 1 000 CZK, "and the words"
contract for expansion or narrowing of marital property according to § 143a of the civil Code
"is replaced by" on a treaty
marital property regimes or a change agreement
contracted matrimonial property regime or based court's decision. "

50th In Section I of the Annex under A, point 2 is deleted, while
repealed marking point 1

51st In Section I of the Annex under B 2 at the end of the first sentence of the text
words "and if it is a notarial deed of legal proceedings in the conversion
legal persons at least 10 000 CZK."

52nd In Section I of the Annex under B 2 at the end of the third sentence of the text
words "; if it is a notarial record of the decision to transform
legal persons 12 000 CZK. "

53rd In Section I of Annex C is under the first sentence, the words "into custody,
case of money or securities accepted for the purpose of issuing
another person" is replaced by "money or securities to the Notary
custody ".

54th In Section I of Annex C is under the fourth sentence, the word "escrow money
relating to a contract" is replaced by "notarial custody
money in connection with the notarial deed of legal proceedings that".

55th In Section II of Annex D entry reads:
"Item D
first For notarial registration of wills, the footnote of occupation administrator of the estate or a declaration of disinheritance ..............................
............................................... 1500 CZK .
Second For notarial record of a statement of who is in anticipation of their own incompetence
legally act about who should be managed his affairs or about who is to become his guardian ........
.................................................. .............. 500 CZK.
Third For notarial record of a statement of who is in anticipation of their own incompetence legally act on it,

How they should be managed his affairs ...................................... 500 CZK .
Fourth For notarial record on appeal
legal negotiations referred to in paragraphs 1-3 ................................. ......................................... 500 CZK.
Fifth For issuing a notarial act of will or a footnote of ................................... 500 CZK.
6th For notarial registration of power of attorney, including the issuance of a copy of a notarial deed
................................. ..................................... 1,000 CZK. ".

56th In Section II of the Annex under E, the following point 3 is added:
"3. For writing the addendum to the protocol of content approval protocol notarial custody than any other notary by
who accepts money or securities to a notary deposit ..................... 1000 CZK .......... ".

57th In Section II of Annex H to the item 1 point behind the word "consensus
copy or copies of the" words "(hereinafter" copy ")" and the words "or a copy of"
was deleted.

'58. In Section II of the Annex under K word "simple" is deleted.

59th In Section II of the Annex under K present text becomes point
1 and the following point 2 is added:
"2. For certified copy of a notarial deed and its release for each additional stranutextu
notarial deed ................................. ............................ 50 CZK. ".

60th In Section II of Annex M item in the current text becomes point
1 and the following paragraphs 2-4 are added:
"2. For registration in the Register of pledges and total steps needed for registration unless the registration is carried out by a notary
basis of the notarial deed of legal proceedings, who wrote .................. ........... 1,500 CZK.
Third For the registration of amendments to registration in the Register of collateral or execution erasure from the Register of pledges and total
other tasks needed to carry out registration of the change or deletion ...................... ..................... 500 CZK.
Fourth For issuing a copy or extract from the Register of pledges or confirmation ......................... 200 CZK. ".

61st In Section II of Annex N entry reads:
"Item N
first For the registration of the contract on the List of Documents on marital property regimes, if the registration provisions of the contract on matrimonial property regimes
......................... ................................................ 200 CZK .
Second For the registration of contracts to the list of instruments of matrimonial property regime is implemented at the request of the spouses
............................. .......................................... CZK 1,000.
Third For issuing a copy of the contract or court decision from UNESCO documents on manželskémmajetkovém regime or
for issuing the certificate ............................. .......................................... 300 CZK. ".

62nd In section II of Annex A item reads:
"Item O
first For registration as legal proceedings in case of death or execution
enrollment changes ................................. ............................................. 100 CZK.
Second For issuing a duplicate or certificate of registration of legal
hearing on death ................................... ....................................... 150 CZK. ".

63rd In Section II of Annex P entry reads:
"Item P
For entry into the UNESCO declaration on the determination of a guardian or for the change of registration ........ 100 CZK.".

64th In Section II of Annex in entry point Q 1, 'cross-border mergers "
replaced by" the fulfillment of statutory requirements Czech
person involved in cross-border conversion (hereinafter referred to as the "certificate of border
transformation") ".

65th In Section II of Annex in entry point Q 2, the words "legality
completion of the cross-border merger" is replaced by "fulfillment of the law
set requirements for the registration of cross-border transformation into a public
Register (hereinafter" certificate for the registration of cross-border transformation " ) '.

66th In Section II of Annex Q for the entry point 3, the words "legality
completion of the cross-border merger" is replaced by "write-border
transformation" and "cross-border mergers" are replaced by "cross-border
transformation".

67th In Section II of Annex R entry reads:
"Item R
The notarial registration certificate for registration in a public register ..................... 1 000 CZK. ".

68th In Section II of Annex S entry reads:
"Item S
For registration in a public register and a total of acts related to the registration ...................... 300 CZK .......... ".


69th In Section II of Annex U entry reads:
"Item U
first For total operations required to deliver notice of his creditors subject to the right to invoke the rule of ineffectiveness
negotiations under the Civil Code (hereinafter referred to as "notice of reservation") .................. ............ 1,000 CZK.
Second For total operations required for service of notice of objection, if the notice was exclusively made up
Protocol ............................. .................................................. . ..... 2000 CZK. ".

70th In Section II of Annex V to under Item 1 and Item 3 of the word "when"
replaced by "for all acts and fulfillment of formalities and conditions prescribed for
".

71st In Section II of Annex V to the item following points 4 and 5, which
added:
"4. Drafting and issuing certificates of all acts and fulfillment of formalities and conditions before transferring
registered office of a European Company or European Cooperative Society ................. ...... CZK 10 000.
Fifth Drafting and issuance of certificates for registration in the public register of the transfer of foreign legal entity
to the Czech Republic or certificate for the transfer Czech company or cooperative
abroad .............. .................................................. .................... 15 000 CZK. ".

72nd In Section II, Annex, item Y amount "of CZK 50" is replaced by
"CZK 100".

Art. II


Transitional provisions
Notaries, which was commissioned by the court to a court commissioner
performed acts in probate proceedings after the testator who died before January 1, 2014,
Remuneration accordance with existing law. This does not apply if it was
commissioned after January 1, 2014, as a court commissioner to carry out operations in
inheritance proceedings on property subsequently have come to light or proceedings
heritage, which was originally stopped.

Art. III
Efficiency


This decree comes into force on 1 January 2014.
Minister
:

Mgr. Benesova vr