358/1992 Sb.
LAW
The Czech National Council
of 7 November. May 1992
on notaries and their activities
(the notarial regulations)
Change: 82/1998 Coll.
Modified: 30/2000 Coll., 370/2000 Sb.
Change: 120/2001 Sb.
Change: 352/2001 Sb.
Change: 501/2001 Sb.
Change: 317/2001 Sb.
Change: 6/2002 Sb.
Change: 349/2002 Sb.
Change: 476/2002 Coll. 88/2003 Coll.
Modified: 18/2004 Coll., 237/2004 Sb.
Change: 284/2004 Sb.
Change: 628/2004 Sb.
Change: 554/2004 Coll.
Change: 216/2005 Coll.
Change: 377/2005 Sb.
Change: 344/2005 Sb.
Change: 70/2006 Sb.
Change: 309/2006 Coll.
Change: 81/2006 Sb.
Modified: 296/2007 Sb.
Change: 126/2008.
Change: 254/2008 Sb.
Change: 301/2008 Coll., 7/2009 Sb.
Change: 227/2009 Sb.
Change: 142/2009 Sb.
Change: 202/2012 Sb.
Change: 396/2009 Sb.
Change: 303/Sb.
The Czech National Council decided on the following Act:
PART THE FIRST
BASIC PROVISIONS
§ 1
(1) a notary is a natural person qualifying under this Act,
by State commissioned notary's Office.
(2) the notary's Office means the set of powers for the performance of a notary and
other activities provided for by the law (hereinafter referred to as "notary") permanently
associated with the place of performance of that activity.
§ 2
Performance notary means drafting public documents on the legal
negotiations, certification of legally significant facts and declarations,
adoption of documents and money into notarial custody (hereinafter referred to as "notarial
the activity "). Notarial activity executes the notary impartially.
§ 3
(1) a notary may in connection with the notarial activities in the framework of other
activities provide the following legal services:
and) grant legal advice and represent them in negotiations with physical and
legal persons and in the proceedings before the public authorities; before the courts only
in proceedings under part five of the civil procedure, in the cases
public registers and in matters under the Act on special procedures
Court except for the
1. the management of the estate, in which he carries on the activity of the Commissioner,
2. in proceedings concerning the capital market
3. the procedure for the preliminary consent of the investigation in matters of protection of
of competition,
4. the procedure for the replacement of the consent of the representative of the Czech Bar Association to
familiarize yourself with the content of the instruments,
5. the procedure for carrying out the duties of the interim measures of the European Court
for human rights,
6. the procedure for the judicial sale of the collateral,
7. the procedure in cases of family except for the care of minors and to the Court
enforcement of decisions in matters of custody of minors and to the Court
(b)) to draft a private document and handle legal analyses.
(2) a notary may perform property management and to represent in this
the context.
(3) a notary may also perform the function of the insolvency administrator, the preliminary
insolvency practitioner, a representative of the insolvency administrator, separate
the insolvency practitioner and the special insolvency administrator in insolvency
control.
§ 4
In the framework of other activities of the notary carries out other activities, if so provided by
This Act or special Act. ^ 2) Is another of the activities of the implementation
entries in the register of pledges, public records or public list
It is considered the notarial activity.
§ 5
(1) the activity of a notary, the notary carries out for consideration. and its performance is
an independent, unless the activities of a notary, pursuant to section 4 of the special law
otherwise.
(2) the activities of a notary is incompatible with any other gainful activity, with the
the exception to manage their own assets. The notary may, however, perform the function of
Member, Senator or representative of the municipal or regional
the Municipal Council, and even for consideration scientific, publishing,
pedagogical, interpreting, expert, artistic and activity in Advisory
the bodies of the Government, ministries, other central bodies of State administration and
in the organs of self-government, and the activities of a registered mediator according to the law on
mediation.
§ 6
Notarial acts and their copies, extracts from the notarial minutes, and according to the
This Act established the instruments of verification (hereinafter referred to as "notarial deeds")
are public documents, provided that they satisfy the conditions laid down for them
This Act.
PART TWO
The NOTARY
THE FIRST SECTION
NOTARY AND NOTARIAL OFFICE
§ 7
(1) a notary may be appointed a State citizen of the Czech Republic, which
and) is fully enjoys the
(b)) received higher education in the framework of the master's degree
program branches of law at a University in the Czech Republic or if
the international treaty, which provides for the Czech Republic is bound,
education acquired in the fields of law at a University abroad or is
This training recognised in accordance with the specific legislation. For this
education also means the education obtained at the Law Faculty of the
the school is located on the territory of the Czech and Slovak Federal Republic, or
its legal predecessors,
(c)) is blameless,
(d) at least five years performed notarial) practice and
e) passed the notarial examination.
(2) Notarial practice means the practice of a notary, notarial candidate and
an articled clerk under this Act of the notary and the practice of State notaries and
notarial trainee under the former regulations. The notarial practice
The Chamber of notaries of the Czech Republic (hereinafter referred to as the "Chamber") be reallocated fully practice
the judge, Prosecutor, public prosecutor, Attorney, commercial lawyer,
bailiff, judge of the Constitutional Court, Assistant judge of the constitutional
of the Court or of the Supreme Court and the Supreme Administrative Court, the bailiff
the candidate, judicial trainee, Assistant judge, Assistant public
the Ombudsman, an Assistant State Attorney, legal trainee
the State prosecution service, legal trainee public prosecutor's Office, lawyer
as an associate, the bailiff as an associate or a legal trainee at the
commercial lawyer, Ministry of Justice employee
(hereinafter referred to as "the Ministry"), which received higher education in the framework of the
Master's degree programme in law at University and
that is itself involved in the designing of generally binding legal
legislation; the notarial practice, the Minister of Justice (hereinafter referred to as "the Minister")
on the proposal of the Chamber from another legal practice may count a maximum of 2 years.
(3) a Notarial examination means a notarial exam pursuant to this Act, and
a notarial exam pursuant to earlier regulations. For the person who has passed the
notarial examination, is regarded as the one who passed the Professional judicial
test, been counsels a uniform judicial exam, a single
judicial and bar test, prokurátorskou test, technical support
final exam legal trainees, bar exam,
exam and professional exam on a commercial lawyer.
§ 8
(1) a notary public appointed by the Minister on a proposal from the Chamber to the notarial Office.
(2) the number of notary offices in the perimeter of each district court shall designate
Secretary of the Chamber.
(3) a notary shall establish and dissolve the Minister after representation of the Chamber. The notarial
the authority is determined by the first and last name of a notary in the District Court.
(4) the seat of the Office is the seat of the District Court in whose district the
has been set up. With the consent of the competent notarial Chamber may change the notary
the seat of the Office within the perimeter of the District Court.
(5) the notarial Office can be canceled only if the notary is appointed to
notarial Office has been revoked or has died.
(6) the Chamber shall make a proposal in accordance with paragraph 1 on the basis of the results of
bankruptcy, that announces and organizes. The Chamber shall be included in bankruptcy
the basis of the application of anyone who meets the prerequisites set out in section 7 of the
paragraph. 1.
§ 9
(1) a prerequisite for the initiation of activities of a notary is
and) appointed as a notary,
(b)) oath into the hands of the Minister, if previously promise consist,
c) acquisition official stamp notary
d) contract for the insurance of liability for harm that could
arise in connection with this activity.
(2) the Promise is:
"I promise on my honour and conscience that I will preserve, in the activities of a notary
constitutional and other laws and generally binding legal regulations and I will
maintain confidentiality. In the notarial activity, I will do impartial and
independently. ".
(3) the official seal of the notary contains:
and) his name, surname, academic degree, or
(b) the designation "notary"),
(c)) the seat of the Office,
(d)) the small national coat of arms of the Czech Republic.
§ 10
(1) the Minister may suspend the performance of the activities of a notary, notaries, if
and it was against him) prosecution for an intentional criminal act, or
for an offence related to the activity of a notary, and until the final
termination of criminal proceedings,
(b) the proceedings have been initiated) limit the incapacitation of a notary, until
a final decision, which this procedure ends,
(c)) was a procedure provided for in § 51.
(2) the Minister shall suspend the performance of the activities of a notary, notaries
and) for a period of imprisonment, if they are not given the reasons for the
for his appeal,
(b)) for the performance of activities incompatible with the activities of a notary, but no longer than
continuously for a period of 4 years.
§ 11
The Minister revokes the notary
and, at his request,)
(b)) if he refused to take an oath,
(c)) of 31. December of the calendar year in which he/she reaches the age of 70,
d) if lost the nationality of Czech and Slovak Federal
Republic,
(e)) if he was limited in the incapacitation,
(f)) if he was convicted for an intentional criminal offence or of an offence
committed in connection with activities of a notary,
(g)) if it ceases its liability insurance for damage in accordance with § 9 para.
1 (b). (d)) and the notary it despite warning notarial Chambers (section 29)
the specified period does not recover
h) If a notary three months after the oath without serious reasons
does not practise as a notary,
even if the final decision) Disciplinary Commission, it was found that his
the State of health does not allow him permanently to perform properly the activities of a notary,
j) if activity incompatible with the activities of a notary
continuously for more than 4 years.
§ 12
(1) the seat of the notary is the seat of the Office to which he was appointed.
The notary shall establish at its head office for the performance of activities of a notary's Office, notary
registered in the
Register of notaries
guided by the relevant notarial Chamber.
(2) a notary may introduce official days outside the notarial Office and outside of their
registered office. The introduction of the official date, and its cancellation is required to notify the Chamber and
notarial Chamber in which circuit has its headquarters. Chamber of Commerce and the Chamber of notaries
shall keep a register of established official days and registration of their cancellation.
section 13 of the
(1) notaries notary public notary office and generally in the
during opening days at the place of their venue. A notary may each
acts carried out on a different site. Elsewhere the single act, the notary
carry out, if necessary.
(2) Notaries who are members of the same Notary Chamber and notaries, who
have the same seat, may bring together as partners for the purpose of
the joint exercise of the activity of the notary or the common purpose of things.
Contract notaries undertake in order to bring together the common performance
activities of a notary, must be in writing.
(3) notaries, who are grouped together as partners in accordance with paragraph 2 for
the purpose of the joint exercise of the activities of notaries (hereinafter referred to as "the notary companion"),
in the activities of a notary represent each other. In representing the notary
Companion carries on the activity of the notary on behalf of the represented Notary
Companion. Signs with his name and at the same time indicating where the notary
a shareholder it represents. Uses its official stamp of a notary.
(4) a notary the shareholders are required to the Association for the purpose of the joint
exercise of the activity of the notary and notarial Chamber of the Chamber report, of which they are
members. The notification obligation also applies regarding the dissolution of the company; If
notaries are more than two partners, as well as on the performance of a notary partner
of the company or its exclusion.
SECTION TWO
REPRESENTATIVE AND SUBSTITUTE NOTARY
§ 14
(1) If a notary does not pursue activities of a notary for a period longer than one
month and is not represented by a notary or notary candidate companion
(hereinafter referred to as "candidate") under section 24, the relevant notarial Chamber shall appoint him
Representative and shall decide on the amount of his share of the reward of notary. Against this
the decision may appeal to the Court. ^ 3)
(2) If a notary known not to practise as a notary, the appropriate
notarial Chamber shall appoint a representative of him on his proposal.
(3) If a notary has died or has been revoked, the relevant notarial Chamber
shall designate the time when it is released, an alternate member of the notarial Office of notary (
"the substitute"). Substitute notaries are also appoints a notary
the performance of the activities of a notary is suspended under section 10.
(4) the representative is appointed from among the candidates of the notary public, if they are not, from a series of
notaries or their candidates within the perimeter of the District Court, and
If they are not, from the ranks of notaries or their candidates within the perimeter of the regional
the Court.
(5) an alternate is appointed from among the notaries within the perimeter of the District Court,
and if they are not, from among the notaries within the perimeter of the regional court.
(6) the appointment of a representative or substitute shall be subject to the approval of the notary
referred to in paragraphs 4 and 5, or a candidate referred to in paragraph 4.
(7) the appointment of a representative from among the candidates is subject to the agreement of a notary,
for which the candidate is employed.
§ 15
(1) If a representative is appointed, the candidate, is a prerequisite for its performance
activities of a notary oath in the hands of the Minister (section 9 (2)), if
previously promise consist.
(2) a prerequisite for the exercise of activities of a notary is also an alternate member of the conclusion of the
contracts of insurance of liability for harm that could arise in the
connection with this activity.
section 16 of the
(1) the representative shall represent the notaries in the exercise of activities of a notary, in particular in the
operations, that they can't be in delay. This work is carried out on behalf of the
represented by a notary. Signs with his name and at the same time indicating
the notary represents. If the representative of notary, used their
official stamp of a notary. If the representative of the candidate, uses the
official stamp of a notary, whom he replaces. Represented by the notary cannot in
time representation to carry out activities of a notary.
(2) Substitute notary carries out activities on their own behalf; This activity
be exercised in particular in tasks that tolerate delay.
THE THIRD SECTION
EMPLOYEES OF A NOTARY
Articling notary
§ 17
(1) notarial (hereinafter referred to as the "lawyer") is the one who is registered in the
the list of notarial legal trainees.
(2) the list of notarial Associates leads the Chamber of notaries in the circuit
the seat of the notary, which is an associate in the employment relationship.
section 18
(1) notarial Chamber writes, within two months from the date of receipt of the written
the application to the list of notarial legal trainees each, who
a) is a citizen of the United States,
(b)) is fully enjoys the
(c)) received higher education in the framework of the master's degree
program branches of law at a University in the Czech Republic or if
the international treaty, which provides for the Czech Republic is bound,
education acquired in the fields of law at a University abroad, or is
This training recognised in accordance with the specific legislation. For this
education also means the education obtained at the Law Faculty of the
the school is located on the territory of the Czech and Slovak Federal Republic, or
its legal predecessors,.
d) is blameless and
e) is employed at the notary.
(2) notarial Chamber shall notify the implementation of a registration pursuant to paragraph 1
koncipientovi and notaries, which is an associate in the employment relationship.
(3) a person who has not been at a specified time in the list of notarial
Associates, has the right to pursue the implementation of writing the proposal in court.
§ 19
A notary may authorize in writing as
and issuing copies, additional copies) or certified copies and extracts from the
notarial registrations, issuance of receipt in accordance with section 94, verifying the conformity of the
transcript or a copy ("copy") with the Charter (hereinafter referred to as "certification"),
verification of the authenticity of the signature (hereinafter referred to as "legalization") except vidimací
and the legalisation of in relation to foreign countries, issuing verified outputs from
the public administration information system under a special legal
prescription ^ 2a), certification of copies of Evidence or confirmation of the laws
negotiations on death pursuant to § 35 c of paragraph 1. 3, certification of copies, extracts
or certificate from the register of pledges pursuant to § 35i para. 1, publication copies
from the list of documents or confirmation of matrimonial property regime under section
35 l paragraph. 2, the issuance of extracts from criminal records, the implementation
authorized conversion of documents, implementation tasks of the focal point
under special legislation ^ 3a), and further adoption of escrow,
(b) by the various acts in the activity) in accordance with § 3 (1). 1,
(c) preparatory and sub tasks) activities referred to in § 2 and § 3 (1). 2,
(d) the performance of other acts) or activities, if provided for by this Act or the
a special law.
section 20
(1) notarial Chamber removed from the list of notarial legal trainees,
and) who died or who has been pronounced dead,
(b)) who lost citizenship of the Czech and Slovak Federal Republic,
(c)), who was limited in the incapacitation,
(d)) who has been convicted for an intentional criminal offence or of an offence
committed in connection with the activities of Attorney
(e)) who asked in writing by the notarial Chamber of removal from this list,
(f)) who ended up working with the notary and has not entered into an employment relationship with
a notary with registered office in the circuit of the notarial chambers within three months of
the end of the previous employment at the notary
g) who was entered in the list of candidate notaries.
(2) notarial Chamber shall notify the removal referred to in paragraph 1 and koncipientovi
notaries, for which it is an associate in the employment relationship.
(3) a person who has been deleted from the list of notarial legal trainees, has the right to
to seek the protection of the proposal in court.
Candidate notary
section 21
(1) the candidate is the one who is registered in the list of candidate notaries.
(2) the list of notarial candidates leading Notary Chamber, in which the circumference of the
the seat of the notary, in which the candidate is employed.
section 22
(1) notarial Chamber writes, within two months from the date of receipt of the written
the application to the list of notarial candidates anyone who
and) meets the prerequisites set out in § 18 para. 1,
(b) he has done at least a three-year ') practice (§ 7 para. 2) and
c) passed the notarial examination.
(2) the notary examination shall be allowed to any person who meets the
conditions laid down in paragraph 1 (b). a) and (b)). Notary test
meets at least once a year.
(3) the notarial Chamber shall notify the implementation of a registration pursuant to paragraph 1
candidate and notaries, for which the candidate is employed.
(4) a person who has not been at a specified time in the list of notarial
candidates have the right to pursue the implementation of writing the proposal in court.
Article 23 of the
A notary may delegate in writing to the candidate
and) signing a notarial acts, unless the form
a notarial act provided for the legal proceedings to a special legal
Regulation, signing a notarial registrations pursuant to § 71b, certification
legally significant facts and declarations, unless the certification
the decision of the authorities of a legal person, the issuing of copies, copies or
certified copies and extracts from the notarial registrations, issuance of certificates referred to in
§ 94, receiving and issuing the escrow, the issuance of certified outputs from
the public administration information system under a special legal
prescription ^ 2a), implementation of entries and deletions to be made in the register of pledges, publication
copies or confirmation from the registration of legal proceedings in case of death by
§ 35 c of paragraph 1. 3, certification of copies, extracts or confirmation from the register
collateral under § 35i para. 1, certification of copies or confirmation from the list
documents relating to the matrimonial property regime in accordance with § 35 l paragraph. 2, publication
extracts from criminal records, the implementation of authorized conversion
documents and the implementation of the tasks of the focal point by a special
^ law 3a)
b) preparatory and sub tasks in other notarial activity
(c) the performance of activities specified in §) 3 (2). 1,
(d) individual acts in the activity) in accordance with § 3 (1). 2,
(e) the performance of other acts) or activities, if provided for by this Act or the
a special law.
section 24
(1) a candidate may be on a proposal from the notary, which is in an employment relationship,
the relevant notarial Chamber, appointed to represent him in the performance of
activities of a notary with the exception of activities pursuant to § 3 (2). 3. This activity
the candidate shall exercise on behalf of the represented Notary, signed his name and
uses official stamp of a notary, whom he replaces. For this representation
shall apply mutatis mutandis to section 15 para. 1. The Chamber of Notaries will cancel provisions of
the candidate's representative, on a proposal from a notary or a designated nominee.
(2) If a notary does not pursue activities of a notary for a period longer than one
month, the relevant notarial Chamber shall decide on the amount of the share of candidate
designated representative under paragraph 1 to pay a notary. Against this
the decision may appeal to the Court. ^ 3)
§ 25
(1) notarial Chamber shall withdraw the candidate from the list of notarial candidates
for the reasons stated in section 20 (2). 1 (b). a) to (f)).
(2) notarial Chamber shall notify the removal referred to in paragraph 1, the candidate and
notaries, for which the candidate is employed.
(3) a person who has been deleted from the list of notarial candidates, has the right to
to seek the protection of the proposal in court.
section 26
Other staff of the notary
(1) a notary may in writing delegate to other workers who are in his
employment, preparatory and intermediate steps in the activity referred to in section 2 and 3.
If these workers have passed the qualifying examination, a notary may
entrust activities as defined in section 19, with the exception of individual acts pursuant to
§ 3 para. 1.
(2) The qualifying test must be allowed for more worker of a notary,
who was employed by the notary or notary for the State for at least 1 year.
The Chamber of notaries may be counted in this period of time that the
a worker employed by the Court, the lawyer, the regional association of lawyers or
from a commercial lawyer.
(3) for the qualifying examination shall be deemed to also support and other similar
the test compound workers State notary according to the earlier
regulations. The Chamber of notaries may recognise professional or other similar
test of composite personnel of the courts, lawyers, the regional associations
lawyers or commercial lawyers for the qualifying examination in accordance with this
the law.
The provisions of the common
section 27 of the
(1) a notary public workers on the basis of its mandate pursuant to section 19, 23 and
§ 26 para. 1 shall be regarded as the activity of the notary.
(2) in the exercise of this activity on its behalf shall be signed by the worker and
used as the official seal of a notary.
section 28
(1) a notary is obliged to conclude a contract of insurance, its responsibility for the
injury to workers in the performance of their professional duties or in direct
connection with them, unless a specific law provides otherwise. Insurance
must take all of the time, after which the notary employs workers.
(2) the labor relations between the notary and his staff are governed by the
the labour code.
PART THREE
MUNICIPALITIES OF NOTARIES
THE FIRST SECTION
THE CHAMBER OF NOTARIES
section 29
(1) notarial Chamber shall be established in the perimeter of each regional court and in
the perimeter of the municipal court in Prague.
(2) the Circuits and the notarial Chambers are consistent with circuits and mansions
the regional courts.
(3) the circuit and the seat of the notarial Chamber of the city of Prague to coincide with
the circuit and the seat of the municipal court in Prague.
(4) the notarial Chamber associates all notaries based in its perimeter.
A notary becomes a member of notarial Chambers on the day of his appointment as a notary public.
Membership in the notarial Chamber terminates its appeal, or death.
(5) the notarial Chamber is a legal person. Its income consists of the Member
contributions, donations and other income. Member contributions are the notaries are obliged to
pay the amount laid down by the College of notaries (hereinafter referred to as "the College").
section 30
Notarial Chamber shall have the following authorities:
and the College,)
(b)) the Presidium,
(c)) the President of the Chamber of notaries (hereinafter referred to as "the President"),
(d) the revision Commission).
section 31
(1) the highest authority of the notarial Chamber is a college.
(2) the right to participate in the meetings of the College of notaries and candidates from the perimeter
notarial Chamber; candidates have only a consultative voice. A notary may, in writing,
authorize another notary, to represent him at meetings of the College and its
on behalf of the voted. Represented by a notary is deemed to be present at the hearing
of the College.
(3) the College shall
and of the members of the notarial Chambers) elect and dismiss members of the Presidium and the revision
the Commission, the
(b)) of the elected members of the Presidium elects and recalls the President and
Vice President (hereinafter referred to as "Vice President"),
(c)) of the members of the notarial chamber elects and dismisses the delegates of the notarial Chambers in
Chamber (hereinafter referred to as "delegates"), and one delegate for every
initiated 20 members notarial Chamber,
(d)) of the elected members of the auditing Commission elects and dismisses the Chairman of this
the Commission, the
e) hears and approves reports on the activities of the other institutions of the notarial
the Chamber,
f) approves the budget and management of the notarial Chamber,
g) establishes social and other funds and approves the rules of their creation and
the use,
h) fix the rate of member contributions,
and the amount of refunds approved) for loss of time associated with the performance of the functions in the
the bodies of the notarial Chamber,
(j)) may cancel or change the resolution of the Presidium.
§ 32
(1) the Presidium is the governing and executive body of the notarial Chamber; has five to
nine members.
(2) the Presidium
and shall be convened by the College at least once) per year; the College shall convene within one
the Moon always, if so requested by at least one third of the members of the notarial Chambers
or if so requested by the review board, it
(b))
Register of notaries
located in the perimeter of the notarial Chamber,
c) operate with financial resources of the notarial Chambers and manages its
assets,
d) operate with funds of the notarial Chambers,
e organizes qualification exams and) shall appoint the members of the examination Board,
f) carries out the scope of the notarial chambers established by law.
§ 33
(1) the President of the
and represents the notarial Chamber externally) and acts on its behalf in all
matters,
(b) the conduct of the College),
(c)) shall be convened by the Presidium at least once every three months; the Presidium shall convene the
ten days always, if so requested by one third of the members of the Executive Board it or
If so requested by the review board, it
(d) meeting of the Presidium, controls)
e) makes a decision within the scope of the Presidium, which will be dealt with delay;
the decision must be approved at the next meeting of the Executive Board,
(f)) to request a notary gives consent to its absence in notarial law
the authority for a period longer than one month.
(2) the President shall represent the Vice President.
§ 34
(1) the Audit Commission consists of a Chairman and two other members.
(2) the membership of the Audit Commission is incompatible with membership in the Executive Board.
(3) the Review Board
and performance) checks the resolution of the College and action of the Presidium; for this purpose,
Revision Commission must be given access to all the documents of notarial
the Chamber,
(b)) College at least once a year a report on the results of the checks.
SECTION TWO
THE CHAMBER OF NOTARIES OF THE CZECH REPUBLIC
§ 35
(1) there is hereby established the Chamber is based in Prague.
(2) consists of a notarial Chamber.
(3) the Chamber is a legal person. Its revenue consists of contributions of notarial
Chambers, gifts and other income. Notarial Chambers are required to pay
contributions in the amount set by the Assembly Chamber (hereinafter referred to as "the Convention").
the title launched
section 35a
(1) the Chamber leads, operates and manages the register of pledges and these records and
lists:
and records of legal proceedings) in case of death,
(b) a register of deeds) of matrimonial property regime,
(c) a statement of determination) the guardian
(d) a list of documents relating to) the matrimonial property regime.
(2) the Chamber shall keep a register of pledges, records and lists in electronic
form. The Chamber shall lay down provisions on how to lead, manage, and operate the
registration, a list or register of pledges and method of determining compensation
cash expenses Chamber associated with keeping, list, or
Register of pledges.
(3) the provisions of the register of pledges, the Chamber shall in particular
and the procedure and how to write) data, changes and deletion,
(b)) what additional information in addition to the particulars provided for in this Act to the
Register of pledges shall be entered,
(c)) who writes the data referred to in subparagraph (b)) in the register of pledges,
(d) the procedure for and the method of issuing) copies, extracts and confirmations from the register
pledges,
e) procedure and method of preservation of deleted data.
(4) of the regulation on registration of legal proceedings in case of death Chamber
lays down, in particular,
and what data to) registration shall be entered,
(b)) and how to write procedure details, changes and deletion,
(c)) in which cases the registration changes is the Chamber,
(d)) the manner and procedure for the provision of the communication and the issue of a copy of the registration or
confirmation,
e) procedure and method of preservation of deleted data.
(5) the provisions of the Register of deeds of matrimonial property regime, the Chamber
lays down, in particular,
and what data to) registration shall be entered,
(b)) and how to write procedure details, changes and deletion,
(c)) in which cases write changes to make the Chamber.
(6) the provisions of the Declaration on the designation of a guardian List Chamber provides
in particular, the
and the procedure and how to write) data
(b)) and a way to write procedure changes to data and its deletion,
(c)) what changes the registration and what additional information in addition to the particulars provided for in this
the law shall be entered in the list,
(d)) who writes the data referred to in points (b) and (c))) to the list.
(7) in regulation for the list of documents relating to the matrimonial property regime, the Chamber
lays down, in particular,
and the procedure and how to write) data
(b)) and a way to write procedure changes to data and its deletion,
(c)) what changes the registration and what additional information in addition to the particulars provided for in this
the law shall be entered in the list,
(d)) who writes the data referred to in points (b) and (c))) to the list,
(e) the procedure for and the method of issuing) copies and certificates from the list,
f) procedure and method of preservation of deleted data.
(8) the Chamber shall keep the information kept in the register of pledges and in the register and
the list referred to in section 35a of the paragraph. 1 (b). and) and (d)) even after deletion,
unless otherwise provided by law. Chamber of Commerce at the written request of a court or
law enforcement authorities will provide information from the data file
completed things. Information from the data file that contains the data records
referred to in section 35a of the paragraph. 1 (b). and may be granted only after) death
the testator.
(9) the remuneration for the communication to the Chamber pursuant to § 35 c of paragraph 1. 2 the person who
proves a legal interest, the implementation of the registration data or changes in writing to the
Register of pledges pursuant to § 35 h and for establishing the contract of marriage
securities scheme to the collection of documents and particulars referred to in § 35j
paragraph. 3 (b). and the list of documents in the register) of matrimonial property
in accordance with § 35 k paragraph mode. 2. the Chamber also belongs to refund cash expenses
associated with the management, operation and administration of the register, list, or
Register of pledges. The Ministry shall determine by Decree the amount of remuneration
belonging to the Chamber.
Registration of legal proceedings in case of death
§ 35b
(1) in the records of legal proceedings in case of death are maintained, the instrument of
These legal proceedings taken in case of death of the deceased:
and) wills, inheritance, contract, listed
(b)) Declaration of disinheritance, and the Declaration that the heir, which suggests
legal inheritance, the inheritance shall not take, the sequence
(c) the set-off of the commandments) portion, unless such commandments
contained in the will,
(d) the profession of trustee), if it is not called upon in the will,
e) Treaty on renunciation of the succession,
(f) cancellation of legal negotiations by) letters a) to (e)).
(2) of the Charter of the legal proceedings in case of death of the deceased, which
do not take the form of a notarial deed, are recorded only if they are in the notarial
the custody.
(3) the instrument of the profession of trustee, and of the Charter of their cancellation
are recorded separately from other registered documents. Along with the
documents about the profession of trustee are recorded wills
containing the profession of bailiff will, if he has the will, in which the
the profession of bailiff contained, notary or if
stored in the notarial custody. In this case, a will is registered in both
separate filings. This also applies to a will, if the profession
the administrator of the estate.
§ 35 c
the title launched
(1) Minutes of the data in the register of legal proceedings in case of death performs
remote access without undue delay the instrument of the notary who
legal proceedings of the testator referred to in § 35b para. 1 adopted in the
notarial deposits or of such legal proceedings he wrote a notarial deed.
(2) the Chamber shall notify the Court or other authority, and to the person who
proves a legal interest, at their request, whether or not it is registered by the
the Charter of the legal proceedings in case of death of the deceased, and if
registered by the notary, in which it is stored. Communication may be granted only after
the death of the testator. Such communication will also provide a Chamber of notaries, if
go to the instrument of legal proceedings in case of death made by the deceased,
the estate is a proceeding in which the notary is commissioned
by performing the acts as a judicial Commissioner under the Act on special procedures
judicial; the communication will provide remote access based on the application
a notary.
(3) Any notary public a person who proves a legal interest, at its request, on the
communication, whether it is in the records of legal proceedings in case of death of a registered
the instrument of the profession of trustee or executor of the profession
the will, and in which the notary is stored, it shall issue a copy of the registration from the register
legal proceedings in case of death, if the instrument of such legal
the negotiations of the deceased registered; If it is not registered, shall issue a certificate stating
that is not registered. If more such documents made by the registered
contains a copy of the same deceased, write information about all of these
the schedules. The provisions of paragraph 2, the second sentence shall apply mutatis mutandis.
The register of deeds of matrimonial property regime
§ 35d
(1) in the register of deeds of matrimonial property regime are maintained
and spouses or fiancées) contract of matrimonial property regime
different from the statutory regime,
(b) the agreement of the spouses on the change) the agreed mode,
(c) the agreement of the spouses on the change) the matrimonial property regime based
decisions of the Court
(d) the decision of the Court) the Court annulled or renewed the common property
spouses or narrowed down its existing range,
(e) the decision of the Court), the Court changed the marital property regime
by decision of a court or agreed upon marital property regime.
(2) the data in the register entries of deeds of matrimonial property regime of the
contract or agreement referred to in paragraph 1 (b). ) to c) performs remote
access without undue delay, the notary, that the contract or agreement
He wrote. Writes data on the decisions of the Court referred to in paragraph 1 (b). (d)), and
(e)) performs a Chamber on the basis of copies of these decisions sent
Chamber of the courts in electronic form.
(3) a notary shall notify the Chamber, whether or not registered by the contract or agreement
referred to in paragraph 1 (b). a) to (c)), concluded the deceased, whose
the estate is a procedure in which the notary is commissioned by performing the acts
as a judicial Commissioner under the Act on special procedures of judicial or
whether or not the registered court decision referred to in paragraph 1 (b). (d)), and
(e)) regarding the regime of the testator and of his spouse; If
registered by the contract or the agreement, it shall inform also the notary, in which it is stored.
(4) the Chamber of notaries of the communication will provide remote access based on his
request.
List of declarations about the determination of the guardian
§ 35e
(1) in the statement of the determination of a guardian are recorded Declaration of
determine who is to become a guardian, and the withdrawal of a declaration of such
destination (hereinafter referred to as the "Declaration on the designation of a guardian"), having the form of a
a notarial act.
(2) to a list statement of designation of a guardian shall be entered the name,
last name, date of birth and place of residence of the person who the statement of determination
the guardian took a (hereinafter referred to as "the maker of the statement"), who was
in a statement intended to become a guardian (hereinafter referred to as "specified by the
the guardian "), name, surname and address of the notary, that the statement of the determination of
the guardian wrote, and the other information provided for regulation of the Chamber about the list
statement of the determination of the guardian.
(3) the registration of data about the statement of the determination of a guardian to a list statement
about how to determine the guardian performs remote access without undue delay
the notary who drew up such a statement.
(4) the Chamber shall notify the Court at its request, whether or not a declaration of
determine a guardian in the statement of the determination of the guardian registered;
If registered, you also recorded data on the maker of a statement about
specified by the guardian and the indication for which the notary is a statement about the destination
guardian saved. The application is made and the communication provides remote
approach.
Register of pledges
§ 35f
(1) the register of pledges are recorded the following information:
arrest,)
(b) the debt provided by) the designation of a lien to be pledged,
(c) the borrower, pledgor) and mortgage lender, and by indicating the names,
the last name, or the name, date of birth, identification number of the person
If it was allocated, or other similar identifying information
(hereinafter referred to as "identification number"), and the residence or seat of the
entrepreneurs, in the case of a natural person, or the name,
identification number and registered office, in the case of a legal person established in the
The Czech Republic, or giving the name and identification number, its
the organizational units or business establishment in the Czech Republic, if the
registered office abroad, the registered office of the branch or business establishment
in the Czech Republic, as they are known, in the case of a legal person that does not have
registered office in the Czech Republic,
d) legal reason the lien,
(e)) on the prohibition of the establishment of the lien to a matter which is not registered in the
Register of pledges as collateral, and the designation of such things,
(f)) that the registered right is future lien, if
the pledge to the debtor after the conclusion of security agreements state the owner of the things
to be a pledge and that otherwise, under the civil code or
According to the pledge contract lien in the register
pledges; After the creation of the lien shall be entered and the time of its creation,
(g)), the date and time of registration
(h) the information provided for the prescription) another Chamber of the register of pledges.
(2) the lien is registered in the register of pledges by writing data
referred to in paragraph 1; the deletion of the registered data is erased. This is true even
on the future of the prohibition of lien and Lien to the point,
that is not written as a pledge.
(3) if the lien in the register of pledges already registered, register the
also information on
and the establishment of a further ban) the lien to be pledged,
(b)) start the exercise of lien stalled on the pledge,
(c)) order of liens, if the pledge of more liens.
(4) If a pledged claim of lien, records are also
an indication of the formation of podzástavního rights, if the lien, which indicate
of a pledged claim, entered in the register of pledges; otherwise,
arises if such claim of Lien by registration
pledges.
§ 35 g
(1) Minutes of the data according to § 35f para. 1 in the register of pledges on the basis
the pledge contract, writes the data according to § 35f para. 3 and changes and deletions
These data shall be carried out using the remote access of notaries.
(2) the notary who drew up the contract, carry out the pledge
and write data) pursuant to § 35f para. 1, in addition to subparagraph (e)),
(b) information about the ban) writing another lien to pledge and the
the order of the lien, if these arrangements are contained in the pledge
the Treaty, and
(c) data on the origin of) the minutes podzástavního rights, if the lien contract
stopping the claim of lien recorded in the register
pledges or to which the lien arises its registration in the register
pledges, although the lien, it suggests, is not on the register of pledges
to be written.
(3) the registration data in accordance with § 35f para. 1, or according to § 35f para. 3,
the notary will perform after the conclusion of security agreements only without undue delay,
If it is effective; otherwise, without undue delay after the acquisition of its effectiveness.
The contract takes effect is illustrated by the pledgee, unless it is on the acquisition of
effect at the time.
(4) Any notary performs
and write and write changes) deletion of data according to § 35f para. 1 and 3,
(b) the beginning of the data) writing exercise of lien stalled on the
the pledge,
(c) information about the ban) writing another lien to pledge and the
the order of the liens if they are not written by the notary, that the pledge
He wrote the contract,
(d) information about the ban) establishment of a lien to the point that
writes or can be written as a pledge in the register of pledges,
(e) data on the occurrence of) writing podzástavního law, if there is no entry in the
Register a lien on a claim that is indicative of the pledge
the law on the register of pledges registered,
(f) the registration data) lien, if the register of pledges
recorded future lien.
(5) the minutes of the data according to § 35f para. 1 (b). (e)) and § 35f para. 3, the changes
entries and deletions are carried out on the basis of written application of lien
the lender, or the lender's podzástavního or podzástavce or any other
person, if provided for by a special law. To write in accordance with § 35f para. 3
(a). (c)) it is necessary that all the creditors asked for registration, which
on the pledge of lien. With the applications for registration and enrollment changes
write data about the facts referred to in § 35f para. 1 (b). (e)) and in section
35F para. 3 the instrument must be presented demonstrating the change or
the fact, on the basis of which the registration is sought.
(6) the cancellation of the lien can be done only if Lien
has been terminated. If the requested cancellation of the Lien a lien creditor, and if in the
request that Lien has been terminated and the legal reason for their extinction, it is considered
the extinction of the lien occurred. Calls for the removal of a lien
the debtor, you must submit with the application a notarial act or instrument
a confirmed mortgage lender with its notarized signature,
proving termination of lien; ceases to have a lien on the expiry of
period, bonds the debtor showing that the duration of lien was on
This time limited.
§ 35 h
Writes the data on the basis of a decision of the public authorities, which was
Lien, and amendments to such entries on the basis of the written
the request of the public authority. The public authorities are required to
send a request with an enforceable decision, which originated the lien
or registered lien to change, within 30 days from the date of
the creation or modification of the lien.
§ 35i
(1) Any notary shall issue each at his request, a copy or an extract from the
Register of pledges or confirmation that a certain thing is not
registered as security or that is not registered the ban on the establishment of a
Lien to things in an unregistered securities as collateral.
(2) against a person who legally entered on the data důvěřujíc
Register of pledges, not the one whose registration is concerned, the right to argue that the
registration is not true.
List of documents relating to the matrimonial property regime
§ 35j
(1) in the list of documents relating to the matrimonial property regime are recorded
a) notarial contracts of married or engaged couples on marriage
securities scheme different from the statutory regime, the spouses of the agreements
change the mode of the initial contract and the contracts of the spouses on the amendment of the matrimonial
regime established by a court decision (hereinafter referred to as the "agreement on the
matrimonial property regime "),
(b) the decision of the Court) the Court annulled or renewed the common property
spouses or narrowed down its existing range, or changed the marital
securities scheme by a court decision or contract marital
securities scheme (hereinafter referred to as "the decision of the Court of matrimonial property
mode ").
(2) the list of documents relating to the matrimonial property regime contains an index and
a collection of documents.
(3) the register shall be entered
and) name, surname, date of birth and residence of the spouses or fiancées
(hereinafter referred to as "husbands"),
(b) the closing date and efficacy) of the Treaty on the matrimonial property regime,
marking the agreed arrangements provided for in the civil code and name, surname
and address of the notary, that the contract of matrimonial property regime wrote,
or
(c)) date of issue and the decision of the Court of matrimonial property
mode, the number of the tag, the designation of the Court which issued the decision, and
an indication of whether the Court has canceled or renewed the common property of the spouses, or
narrowed its existing range, or changed the marital property regime
(d) the information provided for the prescription) another Chamber of the list of instruments of marital
securities scheme.
(4) the collection of documents is determined by the electronic copy of the notarial
registration of the contract of matrimonial property regime or a copy of the
notarial acts Treaty of matrimonial property regime in the
electronic form resulting from conversion from an authorized form to certificated
forms of electronic, or a copy of the Court decision on marriage
securities scheme in electronic form.
§ 35 k
(1) the establishment of a contract of matrimonial property regime in a collection of documents and
write the data referred to in section paragraph 35j. 3 (b). a), b) and (d)) in the register of
(hereinafter referred to as "write a contract to list") is performed by a notary, that such
He wrote the contract. The notary shall register the contracts to the list, if it is in
the Treaty of matrimonial property regime agreed, otherwise on the basis of
written request of both spouses, and remote access without undue
delay after entry into force of the Treaty of matrimonial property regime or
after submission of the application on the basis of such active contract.
(2) if it is not possible to write a contract to the notary who made the list
the Treaty concerning the matrimonial property regime, wrote the contract shall be entered into the
the list on the basis of written application of both spouses. With the application is
be accompanied by an electronic copy of the notarial deed of the Treaty on
matrimonial property regime or a copy of a notarial act of such
the contract arising in electronic form on the basis of authorized conversion
from the form of the documentary.
(3) the Foundation of the decision of the Court of matrimonial property regime to collections
documents and particulars referred to in section paragraph 35j. 3 (b). a), c) and (d)) to
Register (hereinafter referred to as "writing the Court's decision to the list") performs a Chamber
on the basis of the Court sent a copy of the Court decision on marriage
securities scheme in electronic form. The Court shall send a copy of the Chamber
decision without justification.
§ 35 l
(1) if the contract of matrimonial property regime or decision
Court of matrimonial property regime entered in the list of instruments of
matrimonial property regime, the spouses may invoke against the third
even if these were not familiar with their content.
(2) the Chamber exposes the way allowing remote access details
List of documents to be recorded in the register of matrimonial property regime
According to § 35j para. 3 (b). a) to (c)).
(3) Any notary shall issue each at his request, from the collection of documents a copy of the
the Treaty of matrimonial property regime or a copy of the decision of the Court of
change of matrimonial regime or confirmation that the contract
of matrimonial property regime or of a court decision about changing
the matrimonial regime are not in the list of instruments of marital
securities scheme. The request must indicate the name, surname and
date of birth spouses.
section 36
The Chamber shall have the following authorities:
and) the Convention,
(b)) the Presidium of the Chamber,
(c)) the President of the Chamber,
(d) the revision Commission of the Chamber)
e) exercise disciplinary Commission.
§ 37
(1) the highest authority of the Chamber Council.
(2) the Convention consists of delegates and Presidents.
(3) the Convention
a) from among the delegations are elected and recalled by the five elected members of the Presidium of the Chamber,
(b) the members of the Presidium of the Chamber) are elected and dismissed by the President of the Chamber of Commerce and
Vice President of the Chamber,
(c)) from among notaries elect and dismiss members of the auditing Commission of the Chamber,
(d)) of the elected members of the auditing Commission of the Chamber elects and dismisses the Chairman
This Commission,
(e)), from among notaries elect members of the disciplinary Commission,
(f)) of the elected members of the disciplinary Commission shall elect a Chairman of the Commission,
g) hears and approves reports on the activities of other bodies of the Chamber,
h) approves the budget and management of the Chamber,
I) establishes funds of the Chamber and approve the rules of their creation and use,
(j) the amount of the contribution) provides for the notarial Chambers,
to) adopt electoral regulations,
l) adopt organizational order of the Chamber and the notarial Chambers,
m) receives the order of the disciplinary order of the bond, and the test procedure,
n) provides the procedure for and organisation of a bankruptcy announcement pursuant to § 8 para.
6,
on approving the amount of compensation) for loss of time associated with the performance of the functions in the
bodies of the Chamber,
p) may cancel or change the resolution of the Presidium of the Chamber,
q) adopt rules on registration of legal proceedings in case of death,
r) adopt rules on the registration of documents relating to the matrimonial property regime,
with the List) receives a declaration of determination of the guardian
t) adopt rules on securities,
for a list of prescription) accepts documents of matrimonial property regime.
(4) the validity of the regulation referred to in paragraph 3 (b). m), n) and (q)))
needs the approval of the Ministry.
§ 38
(1) the Presidium of the Chamber is the governing and executive body of the Chamber. The members of the
the Presidium of the Chamber are the President of the Chamber, Vice President of the Chamber, the Presidents of the
and other elected members.
(2) the Presidium
and the Council shall be convened at least once) per year; Parliament shall convene within one month of
always, if so requested by at least one third of the members of the Bundestag or if requested
at least two notarial Chambers or if so requested by the Audit Commission
The Chamber,
(b) professional education) notaries and ensures publication, study,
documentation and information activities,
c) keeps records of notaries, candidates and legal trainees in the Czech Republic,
d) manages funds of the Chamber and manages its assets,
e) manages funds of the Chamber,
(f) organise the notarial examination and) shall appoint the members of the examination Board,
(g) the scope of the Chamber fixed) performs this Act, if it is not for
the Bundestag.
§ 39
(1) the President of the Chamber of Commerce
and represents Chamber externally and) acts on its behalf in all matters,
(b) devote, controls)
(c)) shall be convened by the Presidium of the Chamber at least once every three months; shall convene
the Presidium of the Chamber within 20 days always, if so requested by one third of the members of this
the Presidium of the Chamber or if so requested by the Audit Commission of the Chamber,
(d) meeting of the Presidium of the Chamber),
e) makes a decision within the scope of the Presidium of the Chamber, which will be dealt with
delay; the decision must be approved at the next meeting of the Presidium
Chamber.
(2) the President shall represent the Vice President of the Chamber.
section 40
(1) the Audit Commission of the Chamber shall comprise the Chairman and four other members.
(2) the membership of the Audit Commission of the Chamber of Commerce is incompatible with membership in the
Presidium of the Chamber.
(3) the Audit Commission Chambers
and performance) checks the resolution of the Bundestag and the activities of the Presidium of the Chamber; for this
the purpose of the revision Commission of the Chamber must be given access to all documents
The Chamber,
(b)) provides the Bundestag at least once a year a report on the results of the checks.
§ 41
(1) the Council shall exercise disciplinary Commission consists of the President and four other members. Membership in the
the disciplinary Commission is incompatible with membership in the Presidium of the Chamber.
(2) details of the activities of the disciplinary Commission shall establish a disciplinary procedure.
THE THIRD SECTION
COMMON PROVISIONS
§ 42
(1) notarial Chamber and the election of the authorities of the Chamber are secret. The election period is
the three-year.
(2) the elections can proceed, if the majority
eligible voters. Method of implementation options down electoral regulations, which
It may also establish in which cases it is necessary to present
the higher the number of eligible voters.
(3) election results shall be reported to the Ministry. Notarial Chamber shall notify the
the election results also Chamber and President of the regional court.
§ 43
(1) notarial Chamber and the Collective bodies of the Chamber can validly adopt resolutions
only if a majority of its members. To
resolutions are necessary consent by an absolute majority of those present
members.
(2) the provisions referred to in § 37 para. 3 (b). l) and (m)) may provide, in
which cases is the validity of the procedure referred to in paragraph 1
required the presence of a higher number of members or consent.
§ 44
(1) the functions in the bodies of notarial Chamber and the Chamber are honest, Chamber of Commerce and
notarial Chambers paid to the members of their organs in the performance of these functions
compensation for loss of time and reimbursement of cash expenses.
(2) The authority of the notarial Chamber and the Chamber must not be involved in the
hearing and deciding things to this authority relating to its,
his Office or a person close to him.
PART FOUR
SUPERVISION AND DISCIPLINARY PROCEEDINGS
§ 45
(1) the Ministry shall exercise State supervision on the activities referred to in paragraph 2.
(2) the Chamber shall exercise supervision on the activities of the notarial Chambers and on the activities of the
notary and notarial offices in the line.
(3) a notarial Chamber shall exercise supervision of the activity of the notary and the management of
notarial offices in your district.
§ 46
Surveillance is carried out, in particular, the control of documents, deeds, escrow items, and
accounting AIDS notary.
§ 47
Minor shortcomings in the activities of a notary or tiny misdemeanors in the behavior
the supervising authority of notaries public will.
§ 48
(1) a notary, candidate and associate are able in the printer responsible for the disciplinary
wrongdoing.
(2) the Disciplinary offense or as a candidate notary is
and severe violation of and) its obligations laid down in this
the Act or special legislation or regulation of the Chamber, or
by resolution of the authority of the Government, or notary
(b)) serious or violating the dignity of a notarial profession of his
behavior.
(3) a notary can be for disciplinary transgressions to save some of these disciplinary
measures
written reprehension,)
(b)) a fine of up to 100 times the minimum monthly wage set by the
special legislation, or
(c) the revocation of a notary).
(4) a candidate may be considered disciplinary transgressions to save some of these disciplinary
measures
written reprehension,)
(b)) a fine up to twenty times the minimum monthly wage set by the
special legislation, or
(c) the revocation of the representation) in the case of a representative of the notary under § 14, or
24.
(5) Koncipientovi can be used for disciplinary transgressions to save some of these
disciplinary matters
and a written warning, or)
(b)) a fine up to five times the minimum monthly wage set by the
special legislation.
(6) if the disciplinary measure was imposed the notary's revocation cannot be
the revoked notary for a period of 5 years from the decision on the appeal
appointed as a notary. If the disciplinary measure was imposed the appeal of
representation, the candidate cannot be revoked for a period of 5 years from the appeal
Representative is appointed or to be appointed as a notary.
(7) the yield of the relevant notarial Chamber of the fines, the sounds of which he is a member of the notary,
or in the list of candidate notaries candidate is written, or in the
the list of notarial Associates is a junior enlisted. If it is not
the fine has been paid within the time limit, it shall make the performance of the decision imposing a fine on
design of notarial Chambers Court under a special legal regulation ^ 4b).
§ 49
(1) whether the candidate or the notary clerk guilty of disciplinary
wrongdoing, and imposing disciplinary measures decided in the disciplinary proceedings for
in every case a three-member disciplinary chamber have been appointed by the President of the Senate and
2 lay judges from among the members of the disciplinary Commission. The members of the Disciplinary Chamber shall determine by lot the
and in writing the President of the disciplinary Commission shall be appointed by the Chamber.
(2) at the request of a member of the Disciplinary Chamber President or Vice President
The Chamber decides the disciplinary Senate of disciplinary action before the President of the
The Chamber, or if the President of the Chamber shall otherwise
the approval of the Presidium of the Chamber shall withdraw the Member of the Disciplinary Chamber, that a serious
breach of its obligations or otherwise threaten confidence in the sound and
impartial decisions of the Disciplinary Chamber. Termination of the functions of any of the
the members of the Disciplinary Chamber, the President of the disciplinary Commission of the Chamber without delay in writing
appoint a new Member in the manner referred to in paragraph 1.
(3) the Disciplinary proceedings are initiated on a design that is called exercise disciplinary action.
(4) the Council shall exercise disciplinary action is entitled to file an
and) the Minister against any candidate or notaries, koncipientovi,
(b)) the President of the Chamber of notaries, against any candidate or
koncipientovi,
(c)) the President against notaries public, which has its registered office within the perimeter of the notary
the Chamber, the candidate, which is registered in the list of notarial candidates
maintained by the relevant notarial Chamber, and koncipientovi, which is written
in the list of notarial legal trainees maintained by the relevant notarial Chamber,
(d)) the President of the regional court against notaries public, which has its registered office in the circuit
This Court, the candidate who is registered in the list of notarial
candidates, maintained by the relevant notarial Chamber, having its registered office in the circuit
of this Court, and against koncipientovi, which is registered in the list
notarial legal trainees, kept by the relevant notarial Chamber,
established within the area of this Court,
(e)) the President of the District Court against notaries public, which has its registered office in the circuit
This Court, in the case of exercise disciplinary action because of a disciplinary offence in the
activities of a notary as a court Commissioner designated by the Court; whether or not
against the candidate or koncipientovi, which at the time of the disciplinary offence
He was in the service in charge of notary as a court Commissioner,
If the Council shall exercise disciplinary action because of a disciplinary offence in its activities on the
under a mandate by the notary as a court Commissioner,
(hereinafter referred to as "Disciplinary Prosecutor").
(5) the Disciplinary action shall be brought to the Chamber and can be made within 6 months from the
the date on which the applicant learned of the disciplinary offence, but not later than
3 years from the date on which the offence occurred karnej.
(6) the Disciplinary action shall contain the name or names and surnames
a notary candidate or Attorney against which it seeks, the address of its
permanent residence address of the notary, notarial Chambers, mark
which the notary is a member of, or in the list of notarial candidates is
the candidate written or notarial legal trainees in the list is
lawyer written, a description of the offence for which disciplinary action is made,
the designation of the evidence on which the disciplinary action is based, and the proposed disciplinary
measures. To disciplinary action connects the evidence that plaintiff has a disciplinary
available.
(7) on the filing of disciplinary action shall inform the Chairman of the disciplinary Commission of the notary,
candidate or Attorney against whom disciplinary action was made (hereinafter referred to
"the accused able in the printer"). Learn it on the right to choose defence counsel from among notaries
or lawyers comment on the facts which he blame
and suggest the evidence in his defence. About the initiation of the proceedings shall be informed whether or not
the Minister, if the applicant is not punitive.
(8) an accused person who is not able in the printer represented by the Senate, appoint a disciplinary
guardian, if it requires the protection of its interests, particularly if the
suffering from a mental disorder or disease that preventing him from properly with
to defend. Guardian of the Disciplinary Chamber shall appoint a notary or lawyer with his
the consent.
§ 49a
(1) the accused may be able in the printer control in a represented by another notary or
lawyer.
(2) in a proceeding to examine witnesses, experts and participants, only when the
volunteer to come and provide testimony.
(3) authorized member disciplinary Senate performs the necessary investigation, in particular
It finds the necessary additional facts and evidence, if they are not listed in the proposal,
and in the case of documents or other things shall affix to the taking of evidence. Acts,
in the disciplinary proceedings cannot be executed, performs at the request of
the Disciplinary Chamber and the Chambers of the court costs; to satisfy the request of the Court, unless it is
about Act under the Act inadmissible. The Court shall take all actions and
the decisions that are necessary to complete the request.
§ 49b
(1) the Disciplinary Chamber without oral proceedings the proceedings be suspended if
and disciplinary action) was submitted late or was withdrawn,
(b)) was revoked, or if the performance of a notary's Office has lapsed, or
If the employment relationship ended up candidate or as an associate at the notary
(c) the liability of the accused) to lapse for disciplinary transgressions able in the printer, or
(d)) was on the deed for which disciplinary proceedings, leading to a final decision
in criminal proceedings.
(2) the Disciplinary Chamber shall stay the proceedings if it is considered that the deed that is able in the printer
the accused blamed, the offence, and the matter shall submit to the
the competent authority of the law in criminal proceedings.
(3) the Disciplinary Chamber suspends disciplinary proceedings also knows that for
It was an offence for which disciplinary proceedings are initiated, is able in the printer the accused criminally
prosecuted.
(4) the Disciplinary Chamber shall resume proceedings interrupted pursuant to paragraphs 2 and 3,
If the body active in criminal proceedings that the deed could be
assessed as disciplinary transgressions.
(5) unless the Disciplinary Chamber of the suspension or interruption of the disciplinary
proceedings, the Chairman shall determine the term of an oral hearing and shall notify it
the disciplinary prosecutor, the accused, and able in the printer if the representative has the
representative. If the accused person appointed guardian able in the printer according to § 49
paragraph. 8, the date of the oral proceedings shall be communicated only to the guardian. If you need to
hear witnesses, the President of the Disciplinary Chamber shall invite to oral
the negotiations.
§ 49 c
(1) if the Disciplinary Chamber to the conclusion that the accused committed the able in the printer
disciplinary misconduct, decide on his guilt and impose one of the disciplinary
the measures referred to in § 48 para. 3-5.
(2) if the Disciplinary Chamber concluded that the accused is able in the printer the disciplinary
wrongdoing did not make or cannot prove his disciplinary transgressions, decides
They accused the disciplinary charges harmless, able in the printer.
(3) if the disciplinary Senate proposal to impose disciplinary measures rejected or
able in the printer, tribute to the disciplinary charges the accused has a notary, the candidate, or
Clerk, against which the disciplinary proceedings, be entitled to reimbursement of the costs
reasonably incurred in connection with disciplinary proceedings; about this claim
the Disciplinary Chamber shall rule in the decision closing the proceedings. He handed a
the disciplinary prosecutor shall exercise disciplinary action referred to in § 49 paragraph 1. 4 (b). a), d) and (e)),
has the nominee or the notary clerk, against which the disciplinary proceedings, to lead,
entitled to compensation against the State. He handed the disciplinary prosecutor shall exercise disciplinary action
referred to in § 49 paragraph 1. 4 (b). (b)), the notary, the candidate, or an associate,
against which the disciplinary proceedings, to lead, to qualify for this refund against the Chamber.
He handed the disciplinary prosecutor shall exercise disciplinary action referred to in § 49 paragraph 1. 4 (b). (c)),
has the nominee or the notary clerk, against which the disciplinary proceedings, to lead,
entitled to this refund against the Notary Chamber, of which he was President
the disciplinary prosecutor.
(4) the costs of the disciplinary proceedings shall be borne by the Chamber. In the decision referred to in paragraph 1
saves the disciplinary chamber able in the printer the defendant to pay the costs of the trial Chamber
provided for lump sum payments in the disciplinary procedure.
(5) the Chamber replaces the cash outlays to the witness and the earnings that he
proven to be hiked. The claim is to be applied at the Chamber within 3 days of
the hearing, otherwise ceases to exist; the witness must be advised. Replacement of finished
expenditure and providing rewards to the experts and interpreters are governed by specific
the law ^ 4 c).
§ 50
(1) for a decision in disciplinary proceedings is crucial to the factual and legal
status at a time when there has been wrongdoing karnej; later legislation has
apply if it is more favourable to the accused able in the printer.
(2) the decision of the Disciplinary Chamber shall be served on the accused person and able in the printer kárnému
the applicants into their own hands. If the accused is able in the printer in the management representative, or
the guardian, they delivered the decision instead of the accused able in the printer.
(3) against the decision of the Disciplinary Chamber may accused and disciplinary prosecutor able in the printer
to submit within 15 days from its receipt to the Chamber. The appeal should be
justified and shall have suspensive effect.
(4) an appeal shall decide for each case designated five-member disciplinary
the Senate composed of a presiding judge and two members appointed by the President of the
On the proposal of the Presidium of the Chamber the Chamber, and 2 members designated by lot by the President of
The Chamber from among the members of the Presidium of the Chamber. If the Disciplinary Chamber shall decide on the
the appeal against the decision in disciplinary proceedings on a proposal from the President of the
The Chamber, or if the President of the Chamber otherwise in a case
the President of the Senate and 2 members at the proposal of the Presidium of the Chamber shall be appointed and 2 members
Specifies by lot from among the members of the Presidium of the Chamber Vice President of the Chamber. The performance of the
Member of the Board of appeal the Disciplinary Chamber is incompatible with the performance of the functions
Member of the Disciplinary Chamber, as well as with the previous exercise of functions of a member of the disciplinary
Senate against the same accused person able in the printer in the same disciplinary things.
(5) the details of the disciplinary procedure provides for disciplinary order.
§ 50a
Expungement of a disciplinary penalty
After the expiration of 5 years from the decision on the imposition of disciplinary measures
for the purposes of disciplinary responsibility of the notary candidate or
as an associate, as for disciplinary transgressions would not be prosecuted. If the performance of the
disciplinary measures until a disciplinary sanction is not over yet, expunge
selective enforcement of disciplinary measures.
§ 51
Unless the notary, whose state of health permanently does not allow properly
to practise as a notary, on the appeal, shall propose to the Notary Chamber, which
is a member of the disciplinary Commission or the Minister, to decide that his health
the State does not allow him to properly operate permanently as a notary. The provisions of §
49 and § 50 para. 3 shall apply mutatis mutandis.
PART FIVE
GENERAL PROVISIONS ON NOTARIAL ACTIVITIES AND FOR THE PROVISION OF LEGAL AID
§ 52
The notary is in notarial activities and in the provision of legal aid is bound
laws and other generally binding legal regulations. In the provision of
legal aid is bound by the instructions of the client.
§ 53
(1) the notary refuses to perform the required tasks, if
and this is contrary to the laws of the Act) or other generally binding regulations and
This Act or special Act provides otherwise, the
(b)), the Act on the activities of notaries and notary, his employee or
notaries are entitled to a person close to the matter,
(c)) has provided legal assistance to another, whose interests are contrary
with the interests of the person who is asking for legal aid, or
d) if provided for by this law.
(2) a notary may refuse the requested Act if the applicant fails to pay, without
serious reason a reasonable advance on the notary.
(3) in addition to the cases referred to in paragraphs 1 and 2 shall not refuse the notary
performing an action in notarial activities, if the law or a specific legal
Regulation provides otherwise.
§ 54
(1) a notary may withdraw from the contract on the implementation of the Act in the notarial
activity or from the Treaty on the legal aid (hereinafter referred to as
the "agreement"), if
and a trust violation occurred) between it and the applicant or client,
(b) the applicant or the client does not provide) the necessary cooperation,
(c) the applicant or the client fails to) without serious reason, a reasonable advance on the
notary.
(2) the notary always withdraws from the contract, if it finds additional fact
referred to in § 53 para. 1.
(3) a notary is obliged to for a period of 15 days from the date when announced to the applicant or
withdrawal from the contract to the client, take all urgent acts, if
the applicant or the client has not made any other measures.
section 55
(1) If a notary refused pursuant to section 53 of the Act, or if the
the notary has resigned from the contract pursuant to section 54, shall make a record of it in the file, in the
stating the reasons for refusal or cancellation.
(2) if the applicant or client so requests, shall provide it the notary reasons
referred to in paragraph 1, in writing.
(3) an applicant or a client may submit a complaint to the procedure under section 53 or
54. the complaint is assessed by the Chamber of notaries.
§ 56
(1) a notary is obliged to maintain the confidentiality of all facts
which he learned in the context of notarial activities under section 2, and more
activities pursuant to § 3 (2). 1 and 2, which can affect the legitimate
the interests of the
and the participant's legal action) which was drafted in a notarial deed,
(b)) of which the Declaration or decision has been certified,
(c)), whose signature has been verified,
(d)), at whose request was certified by legally significant fact
e) in the case of other activities of the client in accordance with § 3,
or legal successors of such persons (hereinafter referred to as "disclosure").
(2) a notary may waive the obligation of secrecy, only the persons referred to in
paragraph 1.
(3) the obligation of confidentiality shall also apply to a notary who has been revoked.
(4) the obligation of secrecy is a notary cannot rely on in disciplinary proceedings,
as well as against the applicant the disciplinary design at the time of the disciplinary
the proposal. The notary is not bound by the obligation of confidentiality to the extent necessary
for the proceedings before the Court or other authority, if the subject of the dispute management
between him and the person who can waive the confidentiality, or notary public if
the appeal against the decision of the disciplinary Commission, in
to the extent necessary for the protection of his rights.
(5) the obligation of confidentiality does not affect the obligation imposed by law
thwart the Commission of the offence and the obligations laid down by specific
regulations on administration of taxes and fees.
(6) a violation of the obligation of secrecy is not the fulfilment of obligations under the
the Act on certain measures against the legalization of proceeds of crime
the activities and the financing of terrorism or of the law on the implementation of the international
sanctions.
(7) the obligation of confidentiality shall apply mutatis mutandis to an employee of a notary
and employees of the Notary Chamber and the Chamber, even after the end of their
the employment relationship; It does not apply to the notary and his staff in relation
to each other.
§ 57
(1) unless otherwise provided by special law to the contrary, the notary, the applicant is responsible
a client or a party for the damage caused in connection with the
the performance of activities of a notary. The notary is responsible for injury caused by such persons
even then, if it was caused in connection with the performance of the activities of the notary's
by the worker; any liability under the labour laws
is not affected.
(2) the notary is relieved of liability under paragraph 1 if it shows that injury
could not prevent unavoidable despite all the effort that was on it
may be required.
(3) the liability of the State for injury under special legislation ^ 4 d)
This does not affect.
§ 58
Notarial deed shall be drawn up in the Czech language. If the notary
the Charter, in addition to the documents relating to the verification of the system with the one language
the Charter lists, does not know, the procedure under section 69.
§ 59
(1) when drafting notarial acts cannot use shortcuts that
are not universally used.
(2) the date of drawing up notarial deeds, the amount of cash, the length of time-limits
and ownership shares are listed also in the words. The numeric designation of the parties
notarial deed with the lists only words.
(3) the participants, witnesses, důvěrníci and interpreters shall be signed at the end of
notarial deeds before the signature of the notary, which attaches to your signature
official seal of the notary.
section 60
Come out to clear errors in writing, number or other obvious inaccuracy in
a notarial document, shall be carried out under the guidance of the enclosed text fix notary
of the Charter. In the clause to indicate the inaccuracy, the correct wording,
It connects the repair date and signed by the person referred to in clause §
paragraph 59. 3. The notary attaches to your signature official stamp of a notary.
§ 61
From the Charter, drawn up by a notary in the framework of the provision of legal aid must be
the petition, which a notary drew it up.
PART SIX
SPECIAL PROVISIONS ON NOTARIAL ACTIVITY
THE FIRST SECTION
DRAFTING NOTARIAL NEGOTIATIONS
§ 62
(1) a notary shall be taken on the legal negotiations notarial acts.
(2) notarial registration may continue the notary who wrote it, or
Another notary with registered office on the territory of the Czech Republic. Continuation in notarial law
the registration is part of a notarial deed.
§ 63
(1) notarial record must contain:
place, date), month and year of the legal act,
(b) the name and surname of the notary public) and its registered office,
(c)) name, surname, place and date of birth of participants and their
representatives, witnesses, interpreters and confidants and where a participant or
the representative of the legal person, its name, registered office and identification number,
(d) a declaration by the participants ') are legally competent to act in
the range of legal action, which is a notarial deed,
(e)), an indication of that was the identity of the participants demonstrated a notary witnesses,
confidants, interpreters and representatives of the participants or an indication that it is
the notary knows personally, and if the participant or the participant's legal representative
a person, an indication of that was demonstrated by its existence and notaries public identity
the one who it represents,
f) the contents of the legal proceedings,
(g)) an indication that the notarial deed was after reading the participants approved,
h) the signatures of the participants or their representatives, witnesses, confidants and
interpreters,
I) the imprint of the official stamp and the signature of the notary,
j) other essentials, if provided for by this law.
(2) a participant is the one who in the form of a notarial deed itself legally
or the one for whom his name legally is his Deputy.
§ 64
(1) If a notary does not know the parties, of witnesses or of the acts, confidants interpreters
personally, their identity must be established by a valid official ID card
or confirmed the identity of the two witnesses; If a notary does not know these witnesses
personally, their identity must be established by a valid official
ID card. Legal person proves his existence of notaries public statement of
the public register in which is recorded; If not,
proving our existence in a different way, from which it can be inferred that the
There is, and also a statement of its existence the person responsible for it
legally.
(2) if the identity of the witness's identity, has demonstrated a notarial deed
contain the statement that the participants, where appropriate, the representative of the
participants, witnesses, interpreters and confidants of the acts they know personally.
(3) If a notary is not demonstrated the identity, and, in the case of a legal person,
its existence, the notary a notarial instrument of legal proceedings refuses to write up.
§ 65
(1) where a participant is someone who can not or can not read or write, can
the notary to draw up notarial record only in the presence of two witnesses to the Act. These
witnesses must be present during the speech of the participant about what is to be conceived
the notarial act, and when the narrator of a notarial act and its
approval by the participant in whose interests were present.
(2) the procedure referred to in paragraph 1 is not required if the participant
the ability to become familiar with the content of legal action with the help of instruments
or special tools and is able to get signed.
(3) if in the form of a notarial deed, the person will or codicil
a blind or a person with sensory disabilities, who cannot read or
write, when the notary drawing up notarial acts under the civil
code.
§ 66
The identity of the witnesses and the witnesses of the Act cannot be persons who are not fully
enjoys the persons blind, deaf or dumb and persons who cannot
to read or write. Furthermore, they may not be participants and persons in
that have an interest in legal proceedings and its contents or concerns them
otherwise, the staff of a notary to sign a notarial deed.
§ 67
(1) If a participant is deaf or dumb, if it can, however, read and write, must
the notarial deed read and own hand attributed to him and read the
It approves.
(2) If a participant is unable to read or write, must be in addition to the witnesses of the Act
joined his closest confidant, who can communicate with him. His
through the notary finds out whether the participant registration approved.
(3) the procedure referred to in paragraph 2 is not necessary if the participant
the ability to become familiar with the content of legal action with the help of instruments
or special tools and is able to personally sign the Charter.
(4) on the eligibility of fiduciary § 66 shall apply by analogy, it can, however, be
person a party nearby.
§ 68
(1) If a notarial act is needed to draw up the presence of the witnesses to the Act,
the conclusion of a notarial act clause containing a statement
witnesses that were present throughout the expression of will of the participant about what
to be conceived in the minutes, when the narrator of a notarial act and its
approval by the participant.
(2) notarial record must contain, mutatis mutandis, in the end statement fiduciary
about the fact that he told the silent or to deaf participants who cannot read
or write the entire contents of a notarial act, and that the Subscriber has approved.
(3) if the participant is familiar with the content of legal action by using the
devices or special AIDS, it should be indicated in the
notarial registration.
(4) the introduction of a notarial deed is necessary to state the reason for the presence of witnesses
of the Act, where appropriate, the fiduciary.
§ 69
(1) If a participant does not know or witness of an act the language in which the notarial deed
lists, it should be the presence of an interpreter. You cannot, however, as a interpreter
Add a person close to the participants or the person who is involved in the matter.
(2) If a notary or Knows his worker the language in which it is a participant, or
a witness, may be omitted from the presence of an interpreter.
(3) at the conclusion of a notarial deed is to be noted that the clause
the contents of the notarial deed was a party přetlumočen and party with him
manifested agreement. An interpreter was present, connects to the notarial deed
your signature and the imprint of your official stamp.
Notarial deed for registration in a public register or list
section 70
It is to be a notarial deed on the legal basis for the registration of rights negotiations
or the facts written in the public list, change this entry
or its deletion (hereinafter referred to as the "write a public list") or write rights
or the facts written in a public register, change this
registration or its cancellation (hereinafter referred to as "registration in a public register"),
It also contains a representation of a notary about prerequisites for drawing up a notarial
the registration.
section 70a
(1) a statement of the prerequisites for the drafting of notarial acts
under section 70, the notary shall indicate,
and that the legal action is) in accordance with the legislation and, where appropriate, with
other documents which the compliance of legal action requires special
legislation,
(b)) that the legal act complies with the terms and conditions set out the specific
legal regulation for the registration in the public list or write to
a public register, or
(c)) that the formalities, if it is for the legal act or for
write to the public list or registration in a public register of specific
the legislation, or that it was the completion of formalities notaries documented.
(2) are not met the prerequisites for the drawing up of a notarial act, which
should be the basis for entry in the list, the notary public on how participants
instruct and notarial deed refuses to write up.
(3) are not met the prerequisites for the drafting of notarial acts
legal proceedings, which is to be the basis for the registration in the public
Register, participants will learn about the notary and notarial deed draws up, if
It required participants. In the statement referred to in section 70 shall indicate that the
drafting of notarial acts was required after this instruction and
further indicate
and what sees non-compliance) with the legislation, possibly with other
documents, with which the compliance of legal action requires specific legal
prescription, or
(b)), conditions of which formalities and, where appropriate, formalities, laid down special
legal regulation for the registration in the public register have not been met.
(4) if the prerequisites for the drafting of notarial acts
legal proceedings, which is to be the basis for the registration in the public list
or public register, must be documented in other correspondence and these
documents are not submitted to the notary, notaries, rejects the notarial deed
write up.
§ 71
It is to be a notarial deed on the legal basis for the registration of rights negotiations
or the fact the written pledges, change this entry
or its deletion, it shall apply to such of the provisions of section 70 a notarial deed and
section 70a para. 1, 2, and 4 apply mutatis mutandis.
the title launched
Deeds with permission to
section 71a
(1) a notarial instrument of legal proceedings in which the participant undertakes to
meet the pecuniary debt arising out of the contract law of the legal position
the relationship legal actions, about which the notarial deed, may contain
the permission of the zavázaného party to write was mandated under this and
enforcement decision (execution) and that such notary
registration of enforcement, if its duty properly and in a timely manner.
The content of the legal proceedings, which is such a notarial deed, must be
the amount of the debt and the time limit for the performance.
(2) a notarial instrument of legal proceedings, which is the recognition of the monetary
debt can have permission to zavázaného the participant pursuant to this
registration was ordered and carried out enforcement (execution) and to
was such a notarial record enforced if its obligation to
fails to comply in a timely manner. The content of the legal proceedings, which is such a
a notarial deed shall be in addition to the amount of the debt, the indication of the legal reason
the debt and the creditor of the person also the deadline for payment of a debt and obligation
the participant to pay the debt within the time limit.
§ 71b
(1) the notary draws up notarial deed at the request of the participant agreement
undertake to comply with the claim or the claim of the other party arising
of the law of the legal relationship in which, to consent under this registration
was ordered and carried out enforcement (execution) and to
such a notarial record enforced if its duty properly
and in a timely manner.
(2) the participants ' agreement must contain
and the designation of a person) is committed to meeting the claims or other
the claim (persons),
(b)) the designation of the person whose claim or other claim to be met
(persons entitled),
(c)) the facts on which the claim or other claim is based,
(d)) the subject of performance,
(e) for transactions)
(f) a statement of the obliged entities) permission to write.
(3) the agreement the parties may also contain conditions or proof of time
where appropriate, the mutual obligations of the persons concerned, on whose fulfilment is
the provision of the subject of performance bound.
section 71 c
A notarial instrument of legal proceedings under section 71a and 71b, under the conditions
laid down by the directly applicable European Union law has confirmed by
Code of civil procedure as a European enforcement order.
SECTION TWO
CERTIFICATION OF LEGALLY SIGNIFICANT FACTS AND DECLARATIONS
§ 72
(1) Notary certifies at the request of the facts and statements that could
be the basis for the application of or proof of rights or which would
they can be caused by legal consequences. The notary carries out in particular the following
certificate:
vidimus.),
b) legalization,
(c)) to submit a Charter,
(d)) of protests of bills of Exchange and other documents that must be submitted to the
application of the law,
(e) the decision of the authorities) of the certificate of legal persons and also during the General
meetings, meetings, meetings of other bodies of legal entities (hereinafter referred to as
"general meeting"),
(f)) about the fact that someone is alive,
g) about other factual actions and State of affairs,
h) for a declaration
I) to perform the acts and formalities under the Council regulation of the European
community on the Statute for a European company (SE) and under Council regulation
Of the European communities on the Statute for a European cooperative society and the
laws issued for their implementation, ^ 4f)
j) outputs from the public administration information system,
to meet the requirements laid down by law) the Czech person interested on the
cross-border conversion of commercial companies or cooperatives and the fulfilment of
the requirements laid down by law for the registration of cross-border conversion to
commercial register,
l) authorized the conversion of documents.
(2) a certificate referred to in paragraph 1 (b). ) to c) the notary will perform the prescribed
instrument of validation; It shall be drawn up on the submitted document or it will fill
a separate instrument, with the Charter firmly together.
(3) the matters referred to in paragraph 1 (b). (d)) and i) to (l)) a notary shall certify
form and procedure laid down by a specific legislative
the rules ^ ^ 3a), 4a), ^ 5).
(4) a certificate of the other facts and declarations, which are not listed in the
paragraphs 2 and 3, the notary draws up notarial deed, for which the
apply the provisions of this section, section first, unless this
the law provides otherwise.
(5) Documents of verification of the credentials of the clauses, implementing
According to this law, the certification and legalization, and the attestation clause,
that is done under this Act, a certificate of the presentation of the Charter, and
also other clauses for a certificate legally relevant facts written
a notary public pursuant to special laws (hereinafter referred to as "other clauses drawn up
a notary "). Another clause drawn up by a notary are public documents,
provided that they satisfy the conditions laid down for them by a special law, although
It is a special law for public documents does not represent.
section 73
Verification of the conformity of the transcript or a copy with the Charter
(1) carry out a verification of certification clause immediately after the notary
to assess the conformity of the copy of the Charter. Verification clause contains
and) a statement verifying that a copy of the verbatim agrees with the Charter, from which it was
taken,
(b)), an indication of how many leaves or sheets consists of which was
a copy of the purchased, and how many leaves or sheets consists a copy thereof,
(c)) as an indication that the copy is a partial, if not a copy of the full,
d) place and date of copy verification clauses; the provision of section 59 paragraph 1. 2
the first sentence shall not apply,
(e)) the imprint of the official stamp and the signature of the notary of the authenticating.
(2) the notary refuses to do so, vidimus.
and if the deed), a copy of which is recorded, the Charter, whose uniqueness
You cannot replace a certified copy, in particular, identification card, military
card, passport, or any other card, Bill of Exchange, check, or another security,
Bank book, a geometric plan, features, and technical drawings,
(b)) if the authenticating does not know the language in which the document is, of which is a copy of the
taken, drawn up, and is not presented to its translation into the Czech language
an interpreter; This does not apply if the copy of that document before attempting
taken through a copying device,
(c)) where they are in conformity with the Charter, of which a copy has to be verified, the changes
Add-ons, nipples or cuts that could weaken its credibility,
(d) If a copy of the verbatim) does not match with the Charter, from which it was taken.
The provisions of the
(3) Vidimací with the accuracy and truthfulness of the data does not confirm referred to in
Charter and their compliance with the law and notary for the content of the Charter
does not match.
§ 74
Verifying the authenticity of the signature
(1) the legalisation of the notary verifies that the individual who before him in his
the presence of a Charter signed in manuscript or a signature on the document is
already found before him acknowledged as their own. For the procedure for demonstrating the
the identity of this person § 64 para. 1 and 3 apply mutatis mutandis.
(2) Legalization is carried out immediately after the verification clause when prior
a notary in his presence, the Charter was signed, or a signature on the
the Charter is already present has been recognized as its own, and it immediately after
sign or recognition; the authentication clause provides:
and the common number of the book),
(b)) name, surname, place of residence, or the place of residence and date of birth
the applicant,
c) an indication of the applicant's identity was established,
(d)), the latter finding that the deed before the notary manuscript
signed or acknowledged that the signature on the Charter as their own,
e) place and date of copy verification clauses; the provision of section 59 paragraph 1. 2
the first sentence shall not apply,
(f) the authenticating signature and fingerprint) official stamp of a notary.
(3) the notary performing legalization is not responsible for the content of the Charter.
(4) If a notary does not control the language in which the document is recorded, it shall invite the
the applicant to submit a translation of the Charter an interpreter service. If not so,
the notary Act.
§ 75
Certificate of presentation of documents
Certificate stating that the Charter has been submitted to notaries public and when it happened,
be drawn up by the notary to the Charter in the form of attestation clauses,
that contains an indication of the date, month and year and, where appropriate, on the hour, when
the Charter was presented to notaries public.
§ 76
Protests of bills of Exchange and other documents
Drafting of documents is governed by the provisions of the industrial special
prescription. ^ 5)
§ 77
The certificate course of general meetings
(1) a notary shall certify the progress of general meetings in the notarial registration, in which
shall indicate the place and time of the general meeting, resolutions adopted and recorded from the
during the general meeting, everything is important for assessing the proper procedure
the negotiations.
(2) a notary may invite the President of the General Assembly and not more than two additional
interested parties to sign a notarial deed. The identity of the participants
the General Assembly does not need to be studied.
§ 78
Proof that someone is alive
Proof that someone is alive, does the notary only if
is this person personally known or if it finds its identity in a way
referred to in section 64. A notarial instrument of the certificate shall also contain the following:
and a statement that the notary) a person to whom the certificate relates, personally saw
(b)) the day, month, year, and hour when this has happened.
§ 79
Certificate of other factual events
(1) Notary certifies other factual going on, for example, the progress prize draw
or the presentation of movable objects, if associated with them may be legal
the consequences and if the factual story about in the presence of a notary.
(2) Notary certifies also the factual state of affairs going on and, for example, compliance with
debt, the State of the immovable property, if the claims can be substantiated by them in
proceedings before a court or other governmental authority, and if the facts
the plot of burned in the presence of a notary or if the notary is convinced about the status of
things.
(3) the certificate of the notary draws up notarial deed, which shall also contain:
and) the place and time's up or determine the State of things
b) description or State of affairs.
§ 80
The certificate of Declaration
(1) Notary certifies Declaration of the people if they are to be associated with it, the legal
effects.
(2) if the person who makes the statement, asking that it was
made known to the other person, it shall be a notary in notarial registration. Then with the
notary registration of another person and this fact shall be indicated in the
continuation of the notarial act. The answer of another person in this official
registration shall state only if that person agrees and is willing to
sign the notarial record.
(3) If a notary cannot personally meet another person with a notary
writing about the Declaration referred to in paragraph 2, it shall send a copy of that person
a notarial act if the person who made the Declaration,
asked.
the title launched
Notarial deed of the decision body of a legal person
§ 80a
(1) the notary draws up at the request of a notarial instrument of the decision of the legal
person, unless a special law of acquisition of such notary
registration requires, or if a decision is taken about the facts of
in a public register, though a special law acquisition
such a notarial deed is required.
(2) a notary is obliged to the notary's registration of the decision of the legal
the person has to certify the existence of the legal acts and formalities to which the
legal person, where appropriate, the authority shall, and where was the notary
present, including his observations on compliance with the legislation, and
at the same time is required to certify whether the decision body of a legal person
which provide a notarial deed, it was received or not received, and indicate the
their observations, whether the content of the decision, or if it has not been adopted, whether the contents
submitted proposal for a decision is or is not in accordance with the laws
regulations and the founding documents of the legal entity ^ 5a).
§ 80b
(1) a notarial deed on the decision of legal persons must include the
and the name and surname of the notary) and its registered office,
(b)) the place, date and year when the notary, notarial deed wrote
(c)) trade name or name, address, identification number of a legal
persons and legal entities, the indication of the authority whose decision shall be recorded in
a notarial deed,
d) how was verified the existence of a legal person, the scope and
competence of the authority to take decisions,
(e)) the place, date and year when there has been a decision of the authority of a legal person,
(f)) name, surname, place of residence, date of birth, and, where appropriate, the presiding
witnesses, confidants and interpreters,
(g) a declaration that the Chairperson's) body of a legal person is eligible
to take decisions, or raised by the protests against this
statements or protests against the exercise of voting rights by a person
present at the hearing, the authority of the legal person and the protest of the person whose
participation at the hearing, the authority was not allowed or not allowed enforcement
the right to vote, with the name, surname and residence of the person who
a protest lodged with the information about it, on behalf of whom the protest is lodged, and the same
the data concerning the person in respect of whom the protest was made,
h) how was verified the identity of the persons referred to in subparagraphs (f) and (g))),
and the decision of the authority) of a legal person, and unless accepted content
submitted the proposal on the decision of the authority of a legal person,
j) indication of the outcome of the vote on the decision of the authority of a legal person with
indicating the applicable number of votes and an indication of how it was
the result of the vote and a decisive number of votes found,
to a notary declaration containing the information) pursuant to § 80a paragraph. 2, or
the statement that these conditions have not been fulfilled, and notaries
required drafting notarial acts,
l) an indication that the notarial deed was approved after reading
by the Chair, or that has not been approved, and the reasons for its disapproval,
where applicable, an indication that the President has communicated the reasons, notaries public
m) the signature of the Chairman, where appropriate, an indication that the President
notarial deed refused to sign, stating the reasons why a notarial deed
not signed, if appropriate, an indication that the President the reasons for notaries
has not communicated,
n) the imprint of the stamp of a notary and his signature,
For more information about), if provided for by a special legal regulation.
(2) if in the course of the hearing organ of the legal person being received
more decisions must be taken by notarial deed, the notary draws up a
a notarial deed on all these decisions, if the nature of the
This procedure does not preclude the decision taken or if the applicant
does not require the purchase of any or several separate decisions
a notarial deed.
section 80 c
(1) a legal person is required to submit not later than 5
working days before the date of the hearing organ of the legal person
and) current extract from the commercial register, a legal person; does not write to
the legal person in the commercial register, other document proving
the existence of a legal person,
b) founding documents in full ^ 5a) (hereinafter referred to as "the founding
documents '),
(c) proof of the changes in) the bodies of a legal person, if these changes
and they are not already entered in the commercial register,
d) document proving authorization to act on behalf of the legal person, who is
partner or a member of a legal person, the authority shall take
the decision, and in the case of the authority, on whose decision to partner or
the involved,
(e) a copy of the invitation at the hearing) body of a legal person or a copy of the notice
on hearing this, unless a special law an invitation or notification
requires proof of their circulation or publication,
(f) the implied decision proposals) unless the proposals that follow the
legislation are persons authorized by law to exercise at the
meetings of this body.
(2) in the case of a decision by which the company body confirms fulfilment of
the conditions provided for by law, shall be not later than on the day of the hearing, the
where a decision has to be taken, of which the notary minuted, notaries
submitted documentary evidence which shows that these conditions were
fully met (for example, an extract from the Charter of the Bank's underwriters). Notary in
official minutes shall indicate which documents submitted to it, if they are
prescribed their requirements for these elements, and that of the documents
It follows that the conditions have been met.
(3) the President is obliged to
and negotiating authority) of a legal entity in a manner that will allow the
acquisition of a notarial act in the prescribed manner,
(b) does not approve or) sign a notarial deed is required to state the reasons for notaries public
for that he didn't approve of the decision of a notarial instrument of legal
persons, or the reasons for which this notarial deed did not sign.
§ 80d
(1) a notary may refuse to write up a notarial deed on the decision of the authority
legal persons,
and if a legal person) does not submit the documents under section 80 c of paragraph 1. 1 and
2,
(b)) if the President, despite the warning of a notary, is leading the negotiations the authority
legal person in a way that does not allow a notarial instrument of decision
capture.
(2) If a notarial deed, the notary of the decision body of a legal person
write down the reasons referred to in paragraph 1, the provisions of § 55 para. 1 and
3. Reasons for refusal of the Act shall notify the applicant in writing of the action without
his application for this communication.
section 80e
(1) If a notary during the negotiations, the authority of the legal entity that
decisions, which should be taken by a notarial deed that they are not
met the prerequisites for the adoption of decisions required by the legislation
or the founding documents, learn about the Chairman and the
the fact shall be notarised. The same applies if the content is
the proposed resolution or adopted resolutions in conflict with legal
regulations or the founding documents.
(2) If no voting authority, the legal entity of its decision on the
the basis of the lessons learned as a notary, pursuant to paragraph 1, the notary draws up notarial deed with the
formalities pursuant to section 80b (b). a), b), c), (d)), f), l), m) and (n)), in
which the Declaration shall presiding under section 36A (b). (g)), the
about how his identity has been identified, the contents of your guidance and an indication of the
the fact that, on the basis of the lessons learned to vote on the decision of the authority
legal persons did not occur.
section 80f
The provisions of § 64 to 69 shall apply mutatis mutandis.
section 80 g
(1) the notary draws up notarial deed of the forming of the decision of the authorities
established legal entities, if provided for by special legislation.
(2) the drafting of notarial acts referred to in paragraph 1 shall apply
mutatis mutandis, to section 80a-80e. The provisions of § 64 to 69 shall apply mutatis mutandis.
Certificate for registration in the public register
§ 80 h
(1) in order to be certain of the requirements for registration in a public register
met up after the decision of the legal person, which has been drawn up
a notarial deed pursuant to section 80b, or drafting notarial acts in accordance with
section 70 and 71, the notary who such notarial deed he wrote, at the request of certifying
compliance with the requirements for registration in a public register, where such
certificate for registration in the public register required special legal
provision.
(2) the notary concerning the certificate referred to in paragraph 1 shall draw up a notarial deed on the basis of
documents that meet the requirements for registration. Documents
the applicant shall submit to the notary. If a notary such documents submitted
or if the requirements for registration are met, the notary will reject the notarial
a record of the certificate referred to in paragraph 1, draw up.
(3) in the official registration of the certificate referred to in paragraph 1, the notary shall certify what
the requirements for registration have been met and on the basis of what he submitted
documents of the certificate.
THE THIRD SECTION
NOTARIAL CUSTODY
§ 81
(1) Notaries accept into notarial custody
and) instrument of legal proceedings in case of death of the testator referred to in §
35B para. 1 they have the form of a notarial act (hereinafter referred to as "the instrument of
the legal acts of the testator ") and other documents
(b)) money, if provided for by a special law,
(c)) money and documents for the purpose of their release to others.
(2) Notarial custody of money and documents taken to the issue
other persons can be secured debt.
(3) Submission of certificates or money as a notary of notarial deposits further
notaries in the notarial custody or custody to another custodian,
not be admitted. The provisions of section 103 and 104 of the procedure when taking a
the abolished Office shall remain unaffected.
(4) for the notarial custody shall apply mutatis mutandis to the provisions of the Special
the law on custody, unless otherwise provided by law. The provisions of the
a special law on the custody of the security shall not apply. A notarial
safekeeping of securities does not have the effects specified for safekeeping of securities
a special law.
Notarial custody documents
§ 82
(1) the notary draws up a notarial custody documents with the participation of the applicant
a protocol that must include
and) place and date of the Charter,
(b)) name, surname, date of birth and residence of the applicant and, if
the applicant legal person, its name, registered office and identification number and
the name, surname, date of birth and address of the representative,
(c) the indication of the) instrument,
(d)) as an indication that the Charter was taken and accepted to the notary public notary
custody,
(e)), an indication of that was demonstrated by the identity, or a notary, the existence of
the applicant or his representative, or instead of the details of the proof of identity
an indication of the fact that the notary knows the applicant or his agent personally,
f) signature of the applicant or his representative, the imprint of the stamp of a notary and
his signature.
If the Charter is adopted to notarial deposits for a certain period, contains
the Protocol also duration of notarial deposits. Additional copies of the Protocol
the notary shall issue to the applicant or his representative.
(2) if the Charter to request its acceptance to notarial deposits
by postal services and includes Charter
itself or in the request data necessary for the adoption of the Charter in the notarial custody,
the notary draws up a protocol referred to in paragraph 1 without the participation of the applicant, and shall send
additional copies of the log to the applicant. If the application does not contain the necessary
data, the notary shall invite the applicant to these data within a specified period, notaries
said, with the caveat that if they do not, the Charter will not be to the notary
escrow is accepted. After the lapse of time the notary deed shall send to the applicant
through a postal service, unless it
Another way of handing over of the Charter.
section 83
(1) the Protocol on adoption of the Charter of the legal proceedings of the testator to
notarial deposits must in addition to requirements referred to in § 82 para. 1
contain
and) first and last name or former name of its maker,
his place and date of birth,
(b) the letter of) the forms and content elements of legal proceedings
the testator, which is the instrument that accepts to notarial custody,
and also an indication of the lessons that the Charter will be registered in the register of
legal proceedings in case of death.
(2) if the instrument of legal proceedings of the testator in notarial deposits
the representative of the person who took it, the notary will issue a further copy of the Protocol
representatives and the other copy shall be sent to the preparer.
(3) if the Charter relating to the conduct of the deceased notaries
by postal services to inquire about her
admission to the notarial custody, or by the operator
postal services without request, the notary shall proceed pursuant to § 82 para. 2.
§ 84
(1) a notary shall issue a deed of notarial deposits only, at whose request
the Charter was to notarial deposits taken and if the instrument of legal
the negotiations of the testator, just give it to the customer unless the document is taken
the notarial deposits for its release to the next person. The notary deed
and a person who exhibits a special power of attorney authorizing it to
acceptance of the Charter of the notarial deposits; the signature of the principal must be officially
authenticated. Power of Attorney annexed to the Protocol on the release of the Charter.
(2) on the issue of the Charter of the notarial deposits the notary draws up a protocol that
must contain the
and) place and date of issue of the instrument,
(b)) name, surname and residence of the people to whom the Charter issues (hereinafter referred to as
"recipient of the Charter") and of his representative, and an indication that she was
proven their identity,
(c) the indication of the) instrument, and in the case of an instrument registered in the
Records of legal proceedings in case of death, the lessons that will be
made from this registration cancellation of issued the Charter and its
the preparer
(d)) as an indication that the document has been taken by the beneficiary or its
Representative,
(e)), an indication of that was demonstrated by the identity, or a notary, the existence of
the recipient of the Charter, or its representative, or instead of the details of the proof
the identity of the indication that the notary knows the recipient or his representative
personally,
(f) the signature of the Charter), or his representative, the imprint of the official
notary stamp and his signature.
(3) a notary shall issue the beneficiaries of the Charter, or its representatives a copy of the
Protocol. If the instrument of the testator's legal proceedings issued
representatives of the maker of such documents, a notary shall send copies of the log
and the person acquiring them ends.
(4) If a notary deed registered in the records of legal proceedings for
in case of death, performs in this register the cancellation of such a Charter, and on the
the acquirer; move to the completed data file things in this
Register performs.
the title launched
§ 85
(1) Whoever notaries deed to notarial deposits passes, and the one whom
the notary deed of notarial deposits are issued by, or their representatives, are
required to prove their identity to the notary official identification, does not know if it is
the notary personally. In the case of a legal person, its representative is obliged to
In addition to their identity and prove its existence pursuant to § 64 para. 1.
Similarly, if the representative of the legal persons of other legal
person.
(2) if the identity or existence of a notary referred to in paragraph 1
demonstrated, the notary refuses to take the Charter into notarial deposits or from
notarial custody refuses to issue.
(3) If a notary Accepts to notarial custody pursuant to § 82 para. 2,
the provisions of paragraph 1, for the adoption of the Charter in the notarial deposits
does not apply.
Notarial custody of money
§ 86
(1) money can be passed to the notarial custody on the basis of a request that
must contain the
and the name, address and) identification number, the name, surname, date of
birth and residence of its representative, or the name, surname, date of
birth and residence of the natural person (hereinafter referred to as "identification data"),
who has the money to notarial deposits pass ("složitel"), and
to be money from notarial custody issued (hereinafter referred to as "the recipient"),
(b) the amount of the sums of money and) monetary unit of money, to be in the
notarial custody,
c) indication of the account with a bank or a branch of a foreign bank (hereinafter referred to as
"the Bank") or savings and credit cooperatives to which the notary has
the money to issue the složiteli, if there is no notarial custody or if the
the reason for the release of money from notarial custody složiteli (hereinafter referred to as "account for
the release of the money složiteli "), and the identification data of the person who is the
the owner, if this is not složitel,
(d) the indication provided by the debt) have the money to be passed to the notarial
custody in order to guarantee the debt,
(e) designation of rental relation) and identification data of the person who is
the landlord, the money to be passed to the notarial custody pursuant
a special Act by the lessee as rent owed (hereinafter referred to as "notarial
storage rentals ").
(2) If a notary is not required for admission to the notarial deposits money in writing,
on the application for acceptance of the money into notarial custody writes in the presence of
the applicant record in duplicate and one copy shall issue to the applicant.
(3) if it is not given the reason for the denial of a requested receipt of money in
notarial custody, the notary shall inform the applicant for the designation of the special account
the Bank marked "notarial custody", the owner of which is the notary (hereinafter referred to as
"special account"), or the sign shall indicate in the record of the application.
(4) by passing the money means their composition to a special account or
transferring them to a special account by bank transfer. Other
You cannot pass the notaries public money.
§ 87
(1) the notary draws up notarial custody Protocol about money. Money compound or
transferred to the special account the notary accepts to notarial deposits at
the Protocol, unless this Act provides otherwise.
(2) a notary may draw up a Protocol on the notarial custody of money, although money
have not yet been to a special account composed or translated. In this case,
must be stated in the Protocol, the period within which, where appropriate, the conditions under which
to be credited to a special account. If compliance with this limit, or
the conditions laid down are met, to accept money into notarial deposits will
their crediting to the special account, if it is not in the Protocol or in this
the Act provides otherwise. On the acceptance of money into notarial deposits notary
inform the složitele, in the case of notarial custody in order to ensure
debt, also of the recipient and in the case of notarial custody of rents, as well as
the landlord, then, when the Bank becomes aware that the money was on the
special account is credited with. The notary shall issue on request the recipients or složiteli
confirmation, bearing his signature and the imprint of the stamp of notary,
the fact that the money was in the notarial deposits received and when it happened.
The provisions of § 86 para. 1 and 2 shall not apply.
(3) If a notary has not taken money into notarial custody, is without
undue delay složiteli wire transfer to an account for the release
money složiteli.
§ 88
(1) the Protocol on notarial custody money must contain
and the name and surname of the notary), its registered office, and the designation of the special account,
(b)) and složiteli identification data of recipient designation account for
the release of the money složiteli and the identification data of the person who is his
the owner, if this is not složitel,
(c) an indication of the amount of the cash) amount and currency unit
(d)) the deadline for crediting the money to a special account, and the result of its
non-compliance with the Protocol is drawn up at the time when the money in a special account
yet they are not credited,
e) an indication of the notary accepted the money into notarial custody, receives a
It is to draw up a Protocol,
(f) the time limits, where appropriate) the conditions laid down for the release of money from the notaries public
notarial deposits recipients, and how to demonstrate compliance with the conditions of notaries,
g) an indication of the duration of the notarial custody, time limits, where appropriate, the conditions for
laid down for the release of money from the notaries public notarial deposits složiteli and method
proof of fulfilment of the conditions of the notaries,
h) indication of the account or accounts at a bank or savings and credit
the cooperative to which or to which money is to be released from the notarial
custody of the recipient (the "recipient account for issuance of money"), and
identification data of the person who is its owner, if this is not
the recipient,
I) date and place of drafting the Protocol,
j) an indication that the notaries or the existence of identity has been demonstrated
složitele or his representative, or instead of the details of the proof
the identity of the indication that the notary knows the složitele or his representative
personally,
the signature of složitele) or his representative,
l) the imprint of the stamp of a notary and his signature.
(2) money to be accepted into notarial custody in order to ensure
the debt, the report must contain a notarial custody outside elements
referred to in paragraph 1 (b). ) to c), (d)), or e) and (h)), l) and i) also
and) an indication that the money or to be accepted into notarial custody
in order to guarantee the debt, marking the debt and the facts on which the
the debt is based,
(b)), and the recipient of složitele arrangements terms and conditions laid down by the
notaries for the release of the money to the recipient, where appropriate, the složiteli and how
proof of fulfilment of the conditions of the notaries,
(c)) and the recipient of složitele arrangements for the duration of custody,
(d)) as an indication that the notaries, or the existence of identity has been demonstrated
of the participation of the system log, or his representative, or
instead of the details of the proof of identity as an indication that the notary knows
složitele, the consignee or their representative personally,
e) signature of the participation of the system log, or his
representative.
(3) money to be accepted into notarial custody of rents, must
notarial custody Protocol include beyond the elements listed in
paragraph 1 (b). a) to (c)), e), (g)), i) to (l)), also identifying information
the person who is the landlord, and the designation of the rental relationship.
(4) the Protocol in accordance with paragraphs 1 and 3 shall provide for the participation of the složitele;
the Protocol referred to in paragraph 2 with the participation of složitele and the receiver or just
one of them. If the Protocol referred to in paragraph 2, drawn up with the participation of only
složitele or just the recipient, the time limit within which it is obliged to
one that did not participate in the drafting of the Protocol, to approve the contents of the log and
without reservation accept the proposals on the arrangements between the složitelem and the beneficiary in
the Protocol included (hereinafter referred to as "content approval Protocol"). To the adoption of
money into notarial deposits up by writing the appendix to the Protocol of
approval of the content of the Protocol (hereinafter referred to as "Supplement to the Protocol") with the participation of
the fact that the drafting of the Protocol did not, even though they have money
credited to a special account before. If the money was credited to the
a special account before the notary is after the expiry of the period set to
approval of the content of the Protocol without undue delay shall issue složiteli
by bank transfer to an account for the release of the money složiteli.
(5) to draw up the Protocol on the notarial custody, possibly the appendix to
the Protocol should be to složitel, or even the recipient, if it is a
the Protocol referred to in paragraph 2, or their representative, notaries have demonstrated their
the identity of the official identification, if the notary does not know personally. In the case of
a legal person, it shall apply the provisions of § 85 para. 1 the second sentence
by analogy. If the identity or existence of a notary, notary,
notarial custody Protocol, where appropriate, the supplement to the Protocol multiple times and
the required acceptance of money rejects the notarial deposits. If you have already been
the money will be credited to a special account, the issue is složiteli.
(6) a copy of the Protocol složiteli and notary shall issue to the consignee. A supplement to the
the Protocol referred to in paragraph 4 is part of the Protocol referred to in paragraph 2.
Supplement to the Protocol can write up at the request of another notary, notaries
located on the territory of the Czech Republic.
§ 89
(1) in the case that was documented by a notary that the conditions for the release of
money to the recipient, the notary shall issue the money within the specified period of notarial deposits
by bank transfer to the account of the beneficiary for the release of the money to the recipient.
If recipients of the money in the account and does not mark a recipient on
notary challenge within the time limit referred to in the invitation in writing with its notarized
signature or in the appendix to the Protocol of the notarial custody money another account
for the release of the money to the recipient and the identification data of the person who
its owner, if this is not the beneficiary, the notary shall issue the money from notarial
custody složiteli referred to in paragraph 4.
(2) If a notarial custody Protocol agreed that in the period from
proof that the conditions for the release of money to a beneficiary at the time of issue of the
money from notarial deposits the money belongs to the recipients in the notarial custody
the beneficiaries and the conditions have been satisfied or that he belongs to another in
notarial custody Protocol named reason, and there is evidence that
occurred, the notary shall issue the money within the specified period of notarial deposits
by bank transfer to the account of the beneficiary for the release of the money to the recipient.
If the money cannot be the recipients of such an account issue and does not mark a recipient on
notary challenge within the time limit referred to in the invitation in writing with its notarized
signature or in the appendix to the Protocol of the notarial custody money another account
for the release of the money to the recipient and the identification data of the person who
its owner, if the recipient is not, it is considered that it is the recipient of
against notaries and notary in default, saves the money deposited with the Court in accordance with
a special law.
(3) If during the term of a notary evidenced the fulfilment of notarial deposits
the conditions for the release of the money to the recipient, shall issue to the notary složiteli money by
of paragraph 4.
(4) the money to be released složiteli referred to in paragraphs 1 and 3, the notary he
It is within the prescribed period shall issue a wire transfer to an account for the release
money složiteli. If the money cannot be the one to issue the složiteli, and
If the složitel does the challenge of a notary within the time limit referred to in the invitation in writing
with its notarized signature or in the appendix to the Protocol of notarial
the custody of the money a different account for the release of money to složiteli, indicating the
identification data of the person who is its owner, if it is not
složitel, it is considered that it is složitel to notaries in arrears, and the notary
saves money for safekeeping in a court by a special Act.
(5) on the issue of the notary shall inform the recipient of the money, and složitele.
(6) on the issue of money složiteli of notarial deposits rent shall inform the
the notary person lessor, designated složitelem in the log about custody.
§ 89a
(1) If a notarial custody Protocol provided otherwise, the time
the release of money from notarial deposits the money belongs to the recipients in the notarial
the custody of složiteli. Time of release means the moment of crediting released
a sum of money to an account for the release of the money to the recipient.
(2) if the money received to the notarial custody in order to ensure
debt, notary cannot cash in the duration of notarial deposits issue
složiteli without the consent of the recipient, unless he was satisfied the fulfilment of
the conditions laid down in the Protocol on the notarial custody to release money
složiteli.
(3) If during the term of a notary evidenced the fulfilment of notarial deposits
the conditions laid down in the Protocol on the notarial custody to release money
the recipient, and the recipient has gone before a notary to the end of the duration of a notarial
custody, issue a notary public money or with the consent of the recipient to the recipient
složiteli after the end of the duration of notarial deposits.
(4) the provisions on notarial custody of rents shall not prevent the person lessor
and the person of the tenant do also under other provisions of § 86-89a
in the case of mutual performance arising out of the legal relationship.
§ 89b
Notarial custody documents with a view to their release to the next person
If the Charter is adopted to notarial deposits for its release of the next
the person progresses the notary mutatis mutandis pursuant to § 82 to 89a.
SECTION FOUR
THE ISSUE OF COPIES, COPIES, EXTRACTS AND CERTIFICATES
§ 90
(1) the minutes shall be issued from the notarial copies, unless this Act
provides otherwise. Copies and certified copies of the minutes shall be issued only to notaries,
If provided for by this Act or special legislation.
(2) notarial negotiations of the testator for the case
death, which are listed in section 35a of the paragraph. 1, unless the notarial deed of
the inheritance contract or of the Treaty on renunciation of inheritance law, and
their cancellation, for the life of the testator shall be issued only their copies.
(3) If a copy of a notarial deed drawn up by
a copying device shall be such that a text of a notarial act,
indicate the listed name, surname, academic title and, where appropriate, the function
the guy who wrote and signed a notarial deed, the abbreviation "r.", and a copy of the
fingerprint official stamp of a notary with the abbreviation "l. s.", listed the names,
last name, academic degrees, where appropriate, other persons, that notarial deed
signed, the abbreviation "r.", where applicable, copies of the stamps
attached to the signature of these other people, the abbreviation "L.".
§ 91
(1) notarial copies of the minutes shall be issued to the participants, if it is not in the
notarial registration unless otherwise specified. Someone else may also be issued,
If all participants agree. Copies of notarial entries
However, the certificate shall be issued to all persons having an interest in
release.
(2) the notary, which is stored a notarial instrument of occupation administrator
the estate or probate of the estate manager profession or containing
the executor of a will after the death of the testator, it shall issue a copy of this
a notarial act to anyone who proves a legal interest in him and death
the testator. Death can be demonstrated only a death certificate or a judgment
the Court on the Declaration of death or a notarized copy.
(3) copies of notarial entries may be issued to persons, which can be picked
copies. Other persons can be copies of the issue only with the consent of the people to whom
copies may be issued. Copies of notarial negotiations
in case of death of the testator, as set out in § 35b para. 1,
unless the notarial deed of inheritance contract or contract Disclaimer
the succession law or their cancellation, may be issued only to the deceased
or its designee that is recorded with a notarized power of Attorney
signature.
§ 92
(1) a copy of a notarial act contains a copy of a notarial act, and
a clause which confirms that a copy of a notarial act,
literally coincides with the notary's registration (hereinafter referred to as "disclaimer"). If it is to
notarial deed of the annex, contains a copy of a copy of such attachments also;
endorsement confirms that even copies of the annexes agrees literally with attachments
a notarial act.
(2) Clause, except for the certificate referred to in paragraph 1, also includes the day, month,
and the year of imprint copy, a copy of the official stamp and the signature of the notary
the guy who draws up a copy of a notarial act.
§ 93
(1) a notarial deed shall be issued listing. Extract from notarial act,
may also cover only some of the separate legal acts or just
some of the facts stated in the notarial writing or just around the
notarial acts without its annexes or without some of them. When you issue the
statements shall apply mutatis mutandis the procedure for the issue of copies. In
clause shall also be indicated, with which the parts of a notarial act and, where appropriate, with
What is its annex listing literally matches, or it does not contain
copies of the attachments of a notarial deed, or some of them.
(2) the Statement referred to in paragraph 1 shall not dispute the contents of the notarial act,
which it was issued.
§ 94
(1) a notary may issue a confirmation of the facts known from his writings.
Confirmation to be issued to the participants and also to persons who need it to
exercise or defend their rights, if the participants do not take effect
consent.
(2) the certificate is expressed briefly and concisely the facts that the
confirm the information about who and for what purpose it was issued, the date of
copy, the imprint of the official stamp and signature of a notary public notary.
section 94a
Copies of notarial entries, copies of notarial entries, statements of
notarial registrations and confirmation of facts known from the writings of may
be issued in electronic form. Copies of notarial entries
listings of notarial entries and confirmation of facts known from the writings of
issued in electronic form shall bear a recognized electronic
signature and qualified time stamp based on a specific legal
prescription ^ 5b) of the person who issued it. The signature in accordance with § 92 para. 2 and § 94
paragraph. 2 in this case means a recognised electronic signature. Imprint
official stamp of the notary under § 92 para. 2 and § 94 paragraph. 2, the
does not require.
PART SEVEN
OTHER ACTIVITIES OF A NOTARY
Notice of reservation of rights to invoke the ineffectiveness of legal action
section 94b
The notary at the request of the creditor delivered notice to the creditor of his reservation of rights
invoke the ineffectiveness of legal action under the civil code (hereinafter
"notice of reservation") to whom the applicant has indicated that, to whom
the ineffectiveness of legal action can invoke.
§ 94 c
(1) on an application under section 94b, the notary draws up a protocol with the participation of creditors
which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number, and
the name, surname, date of birth and residence of the present
the representative,
(c)) name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made, and, in the case of a legal person, its name,
registered office and registration number,
(d)) the address to which the notification is to be delivered, if different from
residence or registered office,
e) an indication that the notice of the reservation by a notary, and reprinted
(f) the creditor's signature, a fingerprint) official stamp of a notary and his signature.
(2) a notary shall forward one copy of the log to the creditor.
(3) a notary is not responsible for the contents of the notification of the reservation.
(4) a notary shall send notification of the reservation by the person referred to in paragraph 1 (b). (c))
within 3 working days from the date of the drafting of the Protocol. As soon as the notary finds that
the notice was served on the person on the reservation and when it happened, shall communicate to the
These facts to the creditor. If you fail to notaries public notification of the reservation
delivered, shall communicate this fact to the creditor.
§ 94 d
(1) a lender may take notice of the reservation to the Protocol on the application referred to in
section 94b, which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number, and
the name, surname, date of birth and residence of the present
the representative,
(c) notification of the reservation), which must have the following elements:
1. name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number and
the name, surname, date of birth and address of the representative
on behalf of the creditor's notice of reservation shall be,
2. name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made and, in the case of a legal person, its name,
registered office and registration number,
3. the legal proceedings in respect of which the lender reserves the right
call his ineffectiveness,
4. the name, surname, date of birth and residence of the debtor, the creditor and, where
debtor of the legal person, its name, registered office and identification number,
5. the labelling of the lender's claims against the debtor,
6. reservation of the creditor rights to invoke the ineffectiveness of legal action
(d) the creditor's signature, a fingerprint) official stamp of a notary and his signature.
(2) the notary for more copies of the Protocol passes the lenders and the other copy of the
the Protocol shall send to the person referred to in paragraph 1 (b). (c) point 2 to 3)
working days from the date of the drafting of the Protocol. As soon as the notary finds out that it was
copy this to the person served and when it happened, or
If you fail to deliver a notice of reservation of notaries public, communicate these
the fact the creditor.
§ 94e
(1) a person who applies for an act under section 94b, the notary is obliged to prove their
the identity of the official identity card, if it does not know the notary personally. In the case of
the legal entity is obliged to demonstrate its representative, in addition to its
identity and its existence pursuant to § 64 para. 1. Similarly,
If the representative of the legal person by another legal person.
(2) if the identity or existence of a notary referred to in paragraph 1
demonstrated, the notary refuses to perform the requested operation.
PART EIGHT
HANDLING FILES AND NOTARIAL ENTRIES AND THEIR STORAGE
§ 95
(1) the participants, their representatives, and successors in title may be consulted in the
the files and make them a copy statements.
(2) someone other than the person referred to in paragraph 1 may be consulted in the files and
make them and copies of the statements, if there are serious grounds for doing so and the legitimate
the interests of members by cannot be affected. In the exercise of this permission
those who under section 96 is required to borrow the writings, the notary does not detect
compliance with the conditions referred to in the first sentence. Those whom the notary is obliged to
rent writings pursuant to section 96, may also inspect the accounting tools
notary, notary-related activities, in particular to the appropriate volume
validation of the book, and to make copies of and extracts from them.
(3) the files relating to the activities referred to in section 3, paragraph 3. 1 can be seen only
the client, and another person only with his consent.
(4) the persons referred to in paragraphs 1 to 3 of the files in the Office to have a look
notary and under his supervision or under the supervision of the designated by the worker.
The inspection shall make a record in the file.
§ 96
The notary, granting their writings and registration AIDS, in particular the volume
the verification book, concerning the notarial activity on the basis of a written
the request to the Ministry, the Chamber, the competent notarial Chamber, courts,
Court Commissioners ^ 5 c), law enforcement authorities, the financial
authorities and experts laid down in the procedure before the public body, if
cannot submit an expert opinion without the knowledge of the file. The files relating to
activities pursuant to § 3 (2). 1, granting only with the consent of the client.
§ 97
(1) a notary at the suggestion of the participants reconstructs the writings that were completely or
partly destroyed or lost. A notary may perform the reconstruction even without
the proposal.
(2) the notary takes the certified true copies of documents, which it leases from the
the parties, their legal representatives or successors in title of the participants,
from the Court, the cadastral registry or from another institution, another notary or
from the experts. The copies shall be a clause stating that the document comes instead
damaged or lost documents.
(3) a notary may also make the necessary investigation on the content of the Charter,
in particular, participants shall be heard or their legal successors. About
the result of the investigation report, stating all the circumstances
found in its investigation, and captures the contents of the communication of the participants or their
successors in title.
§ 98
(1) the notary stores the writings concluded things separately according to their
each of the species in his Office.
(2) the notary kept by the notarial acts in the metal housing under the bonded
separately from the files. Notarial acts must be stored in a metal box
without undue delay after their completion.
§ 99
(1) on the inspection of the notary listings shall apply mutatis mutandis the rules in § 95.
(2) notarial acts In legal proceedings of the testator for the case
the death, which is referred to in § 35b para. 1, however, have the right to inspect for
the life of the testator only participants. The provisions of § 95 para. 2 shall not apply.
§ 100
(1) a notarial deed, the notary will lease the only court, Court Commissioner,
the Ministry, relevant notarial Chamber and the Chamber at their request.
A notarial instrument of legal proceedings in case of death of the deceased, that is
indicated in section 35a of the paragraph. 1, however, may not be for the life of the maker of lent
anyone.
(2) a notary shall prepare a notarial deed before leasing a copy thereof
through a copying device, verifies its conformity with the notary's
registration according to § 73 para. 1 a certified copy of the notarial deed shall base the
instead of a rental of a notarial act; attaches the request, on the
It was based on notarial deed. In the authentication clause shall also indicate
an indication that the certified copy of the notarial deed is prepared for establishment
instead of a notarial act due to its lease referred to in paragraph 1.
(3) for the lease of a notarial act under paragraph 1 by a notary issues
instead of copies of notarial copies of loaned based
a certified copy of a rental of a notarial act; When they copy
a copy of the certified copy of the notarial deed shall prepare a rental
through a copying device. The Court Chamber, Ministry, or
the relevant notarial Chamber may issue such copies to disable
or pause. A certified copy of a rental of a notarial deed, as well as
its copies are public documents, provided they meet the requirements
established by this Act.
(4) upon return of the rental of a notarial deed, the notary shall establish and
its certified copy drawn up pursuant to paragraph 2, together with the attached
applications for inclusion in the file. If at the time of the lease of a notarial deed
the notary he published a copy of a copy of a notarial act-based authenticated,
certified copy of the notarial deed shall be attached to the return-
notářskému registration.
§ 101
(1) a notarial deed shall not be issued to anyone. This does not apply in the case of
a notarial instrument of the will or a listed (hereinafter referred to as "notarial instrument of
wills ") and if so requested by its release the one that in that form for the case
death took (hereinafter referred to as "the maker of the will").
(2) upon issue of a notarial deed, the notary will follow
of the civil code. When you do this, the notary
and the official newsletter of writing) will be mentioned on the release clause
a notarial deed data prescribed by special law, and also the date
the release, your name, surname, address and indication of the notary, the clause must affix the
the notary's official stamp and signed by her,
(b)) on the issue of notarial acts wills writes in the presence of the maker
the probate registry.
(3) the Protocol on the issue of notarial acts of the will must contain
and) date and place of drafting the Protocol,
(b)) name, surname and address of the notary, notarial deed issued by testament
(c)) name, surname and date of birth of the testator and an indication of the
that was proven his identity, a notary or notary maker
personally knows,
(d) a notarial deed) identification of wills, including the date of its writing,
the names, forenames and addresses of the notary, who wrote it, if this is not the notary,
that issued it
e) an indication that the maker of the will on the issue of notarial acts
Wills asked,
f) lessons of the notary that the release of notarial acts of the will, according to the
the Civil Code considers the will or codicil in his form captured
a revoked,
g) signature of the testator, the imprint of the official stamp of the notary and his
signature,
(h)) other particulars if provided for by this law.
(4) in order to prove the identity of the testator shall apply mutatis mutandis
the provisions of § 64 para. 1. If the identity of the witness has been demonstrated the identity,
shall be subject, mutatis mutandis, the provisions of § 66. In the Protocol shall indicate their
name, surname and date of birth, an indication that their identity has been
Notaries demonstrated and also their statements to the effect that the testator
they know personally. If the identity of the testator, notaries,
the notary will reject a notarial instrument of the will.
(5) the notary Protocol for inclusion in the case file and its spawns further copy
instead of a notarial deed issued by the will. The will preparer shall issue
a notary for more copies of the Protocol on the basis of his application. Another is
a copy of the Protocol does not issue.
(6) the notary after the release of notarial acts of the will performs the erasure of data on
the will listed and the person acquiring or in the records of legal proceedings for
in case of death; move to the completed data file things in this register is
It does not make.
§ 102
cancelled
§ 103
(1) the notary, who was appointed to Office, will take over the
in trust deeds, writings, articles and registration AIDS escrow
the notary, who died or who has been revoked.
(2) the official stamp of the notary who has died or has been revoked, it takes over
the relevant notarial Chamber.
§ 104
(1) If a notarial Office canceled according to the released section 8, takes over for safekeeping
the case referred to in § 103 para. 1 the notary designated by the relevant notarial
Chamber of Commerce.
(2) on receipt of the official stamps § 103 para. 2.
§ 105
The notary, who took over in trust deeds and writings under section 103 and
104, issues of them copies, copies, extracts and certificates. On the inspection and
the renting of notarial entries and the writings of § 95 and following.
PART NINE
THE REWARD OF NOTARY
Section 106
For the activity of a notary, notaries belongs to the reward, compensation for loss of time, and
reimbursement of cash expenses, and if the notary is a payer of value added tax
(hereinafter referred to as "tax"), also the amount corresponding to that tax, which is a notary
must of the remuneration and compensation of pay according to a special legal
prescription. ^ 5 d)
§ 107
Details of the amount and the method of determining pay, compensation for loss of time, and
refunds of cash expenses provides the Ministry of generally binding legal
provision.
section 108
Notary, pay for loss of time, reimbursement of cash expenses, and
If a notary is liable for tax, also the amount corresponding to this tax, you
the notary is obliged to reward and compensation of pay according to a special legal
^ 5b) Act, applies the one who asks to perform a notarial act. If
multiple payers, the Prize jointly and severally.
section 109
The notary has the right to require a reasonable advance on the remuneration composition and on the
reimbursement of cash expenses.
PART TEN
USE OF DATA FROM THE POPULATION REGISTER AND AGENDOVÝCH
INFORMATION SYSTEMS
section 109a
The notary for the need for acts performed on behalf of the Court, by another
Law ^ 2) or for notarial activities from basic
the population register these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth, for the data subject, who was born in
abroad, the date, place and the State where he was born,
(e)) of the date, place and County of death, in the case of the death of the data subject outside the territory
The United States, date of death, place and the State on whose territory the death
has occurred; If it is issued the Court's decision on the Declaration of death, day,
that is the decision, listed as the day of death or the day that did not survive, and
date of legal effect of this decision,
f) nationality, or more of State citizenship.
section 109b
(1) a notary for the need for acts performed on behalf of the Court, by
another law ^ 2) or for notarial activities from
the information system of the population register of the following particulars:
and) the name or names, surnames, including previous name, maiden
last name,
(b)) date of birth,
c) gender,
d) place and County of birth, in the case of birth abroad instead of and the State
(e)), social security number,
f) nationality, or more of State citizenship,
g) address of residence, including previous address space
permanent residence, where appropriate, the address to which they are to be delivered
documents under other legislation,
h) approval of the agent or the representation of a member of the household
including the Court that approved the contract or representation, restrictions
incapacitation, the name or names, last name and social security number
the guardian, has been assigned, the date, place and County of birth
and the guardian, who was born in a foreign country, the place and the State where the
He was born; If the guardian is appointed, the local authority, the name and
the address of the registered office,
I) name or names, surnames, including previous surname, maiden
number of father, mother, or other legal representative; in the case that
one of the parents or other legal representative does not have assigned a social security number,
name or name, surname and date of birth; If other regulatory
the representative of the child's legal person, the name and address of the registered office,
j) marital status, date, place and County of marriage, if the
marriage outside the territory of the United States, place and State, date
the acquisition of the final court decision on marriage
invalid, the date of the decision of the Court about the lack of
the marriage, the date of the dissolution of marriage by the death of a spouse, or the date of
the acquisition of the final court decision on the statement of one of the spouses for
day of the dead, and that was in the final decision on the Declaration for the
dead listed as the day of death, or as a day that did not survive,
or the date of the decision of the Court for divorce,
to) date and place of origin of a registered partnership, the date of acquisition of legal
the decision of the Court on the invalidity, or of the absence of the registered
partnership, registered partnership sunset date in the death of one of the
registered partners, or the date of the decision of the Court of
about the statement of one of the registered partners of the dead and day of the
He was in the final court decision on the Declaration of death is listed as
the day of death, or as a day that did not survive, or date of acquisition
the decision of the Court about the dissolution of a registered partnership,
l) the name or names, surnames, including previous surname, and
social security number of the spouse or registered partner; If the spouse or
a registered partner of an individual who has not been granted the native
number, the name or names, the surname of the spouse or registered
partner and the date of his birth,
m) the name or names, surnames, including previous surname, and
social security number of the child; If the child is an alien who has not been granted the native
number, the name or names, the child's name and date of birth,
n) day, who was in the Court decision about declared missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court about the declared missing,
about) the date, place and County of death; in the case of the death of a citizen outside the United
Republic, date of death, place and the State on whose territory the death occurred,
p) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(2) data that are kept as reference data in the principal registry
of the population, shall be used from the information system of the population register, only
If you are in the shape of the previous status quo.
(3) a notary for the need for acts performed on behalf of the Court, by
another law ^ 2) or for notarial activities from
registry of social security numbers the following information:
and) the name or name, surname, maiden name, where applicable, the bearer of the
social security number,
(b) the social security number),
(c)) in the event of the original social security number, personal identification number,
(d)) of the date, place and County of birth, and social security number for the bearer,
He was born in a foreign country, the State in whose territory he was born.
section 109 c
(1) a notary for the need for acts performed on behalf of the Court, by
another law ^ 2) or for notarial activities from
information system for foreigners the following information:
and the name or names), surname, maiden name,
(b)) date of birth,
c) gender,
(d)) instead, and the State where the alien was born; in the case that the alien
He was born on the territory of the United States, place and County of birth,
(e)), social security number,
f) nationality, or more of State citizenship,
(g)) the type and address of the place of residence on the territory of the Czech Republic,
h) limitation of incapacitation,
I) date, place and County of death; in the case of deaths outside the United
the Republic, the State on whose territory the death occurred, or the date of death,
j) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(2) data that are kept as reference data in the principal registry
of the population, shall be used from the information system of foreigners only if they are
in the shape of the previous status quo.
§ 109d
The notary for the need for acts performed on behalf of the Court, by another
Law ^ 2) or for notarial activities uses of information
the system of civil registration certificates on civil licences and their
holders in a manner allowing remote access the following information:
and) the name or name, last name,
(b) the social security number),
(c)) place and district of birth, in the case of birth abroad instead of and the State
(d)), or a series of number ID card,
e) date of issue of identity card,
(f)) indicate the Office which issued the identity card,
g) date of expiry of ID card,
(h)), or a series of numbers of lost, stolen, destroyed, or
invalid civil certificates and Declaration date of the loss, theft, or
the destruction of the identity card.
section 109e
The notary for the need for acts performed on behalf of the Court, by another
Law ^ 2) or for notarial activities uses of information
the system of registration of travel documents for travel documents and their
holders in a manner allowing remote access the following information:
and) the name or name, last name and social security number,
(b)) place and district of birth, in the case of birth abroad State of birth,
(c) the number and type of the issued) travel document
(d)) of the date of issue of a travel document,
e) date on the travel document,
(f)) date of expiry of validity of the travel document,
g) the designation of the authority which issued the travel document,
h) of lost, stolen or invalid travel documents number,
the type, date of issue and date of expiry of the lost, stolen
or invalid travel document and the date and place of announcement of its loss
or stolen.
section 109f
Of data that can be used in a particular case, use only such
the data which are necessary for the performance of the task.
PART ELEVEN
TRANSITIONAL AND FINAL PROVISIONS
§ 110
(1) State notaries, who had been the effective date of this Act, in
employment to the relevant regional court, become to that date,
If agrees, notaries under this Act within the jurisdiction of the district
the Court, in whose district the effective date of this Act were in function
State notary public.
(2) the Minister shall establish the effective date of this Act, within the perimeter of each
the District Court notary offices in the number of the corresponding number of notaries in accordance with
of paragraph 1.
§ 111
(1) until such time as the provisions of the notarial Chambers shall exercise their bodies function
the county courts. Until such time as the provisions of the Chamber shall exercise its functions
by the Ministry.
(2) regional courts be convened no later than 30 days from the effective date of this
the inaugural meeting of the Colleges Act, the notarial Chambers that choose the authorities
notarial Chambers and delegates Assembly. The Ministry shall convene not later than 90
days from the effective date of this Act, the inaugural meeting of the Convention, which
chosen by the authorities.
§ 112
(1) the Minister may, on a proposal from the Chamber after a period of two years from the effective date
This law completely offset the notarial practice under section 7 (2). 2 different
legal practice.
(2) notarial Chamber may, after a period of two years from the effective date of this
the law set off by the time according to § 26 para. 2 the performance of other similar
activity.
§ 113
Copies, copies and extracts from the minutes drawn up by notary public
Notary Office and the confirmation from the writings kept in nerozhodovací activities
State notary, which are deposited with the District Court, issued by a notary
based at the headquarters of the District Court, which was appropriate for the
the calendar year specified by the notarial Chamber.
section 114
The President of the District Court shall divide equally between the notary in the circuit
the District Court of the will, which was stored in the custody of the State
a notary. About the custody of wills shall inform the purchaser at his request. The notary
proceed under section 84.
section 115
The law of the Czech National Council No. 2/1969 Coll., on establishment of ministries and other
central authorities of the State administration of the Czech Socialist Republic, as amended by
amended, is amended as follows:
In section 11 (1) 1 are deleted the words "notary".
§ 116
This Act shall take effect on 1 January 2000. January 1993.
113. in r.
Pithart in r.
Selected provisions of the novel
Čl.VI Act No. 554/2004 Coll.
PART SIX
Transitional provisions
1. the provisions of this law shall be governed by the legal relationships arising prior to the
the date of the acquisition of its efficiency; the emergence of these relations, as well as
claims of them incurred before the date of entry into force of this law, however,
assessed according to the existing legislation.
Article. In the Act No. 216/2005 Coll.
PART FIVE
TRANSITIONAL PROVISIONS
1. In proceedings concerning the register initiated prior to the date of acquisition
the effectiveness of this law shall be completed in accordance with the existing legislation.
2. in the period of one year from the date of entry into force of this Act applies,
the time limit under § 200db para. Code of civil procedure, as amended by
effective from the date of entry into force of this Act, for the purposes of the registration
for the deadline be extended for a further five working days, and even in the
If the time limit is extended under section 200db para. 2 of the code of
Code of civil procedure.
3. Until 31 December 2006. December 2006 issue the commercial court at the request of always documentary
certified copy of registration of a partial or full or stored in
the collection of documents, or confirmation that the data in the business
the register is not; an unauthorized copy or a copy of the acknowledgement or confirmation or in the
electronic form shall not be issued and the provisions of § 28 para. 3 and 5
of the commercial code do not apply. Until 31 December 2006. December 2006 can be a business
the index only result in certificated form; the provisions of § 27 para. 1 sentence
the second section 33 para. 2 of the commercial code, in the version in force from the date of
entry into force of this Act, shall not apply.
4. a person who satisfies the conditions referred to in paragraph 183i paragraph. 1 of this Act to
the effective date of this Act, may exercise the right of squeeze-out of the participating
securities pursuant to section 183i to 183n commercial code within three months
from the effective date of this Act, otherwise this right ceases to exist.
Article. VII of Act No. 7/2009 Sb.
Transitional provision
Disciplinary proceedings initiated before the date of entry into force of this Act shall be
completes in accordance with the existing legislation.
Article. XIII of law No. 301/Sb.
Transitional provisions
1. In the records of legal proceedings in case of death are recorded also wills,
the instrument of abdication deeds and instruments of the cancellation of such deeds already registered
According to the existing legislation in the central register of wills.
Instrument of legal proceedings in case of death of the deceased, which were not
subject to registration pursuant to the existing legislation, and which arose
before the date of entry into force of this law, shall be registered only if the
the testator died before that date; the instrument of such legal
the negotiations, which were cancelled before the date of entry into force of this
the Act and the instrument of their cancellation, no. Registration of the instrument of
legal proceedings in case of death of the deceased, which were not the subject of
registration pursuant to the existing legislation, and that was before the
the date of acquisition of the effectiveness of this law, performs the procedure laid down in law No.
358/1992 Coll., in the version in force from the date of entry into force of this Act,
at the request of the testator, the notary, which is stored a notarial instrument of
such legal proceedings, or the notary, which is such a Charter in
notarial custody; After registration shall apply to the provisions of law No.
358/1992 Coll., in the version in force from the date of entry into force of this Act,
about the records of legal proceedings in case of death.
2. In the records of legal proceedings in case of death are recorded also the Charter
the provisions of the administrative heritage, of the Charter of the appeal provisions of the administrator
heritage and the instrument of withdrawal of consent with the provisions of the administrator features
Heritage on the administration of heritage incurred and recorded in accordance with the existing
legislation in the central register of wills (hereinafter referred to as "the instrument of
manage heritage "). The instrument of management of heritage in the records of the legal
the hearing for the case of death recorded in separate records, along with those of the European
about the profession of trustee or executor of the will, and with those of the European
on the abolition of the profession. The provisions of Act No. 357/1992 Coll., as amended by
effective from the date of entry into force of this Act, the registration of legal
the hearing for the case of death, shall apply to them mutatis mutandis. The notarial
write about the Charter on the administration of the heritage for the life of its maker has the right
inspect only the purchaser and appointed him administrator of heritage.
3. in the registration of documents relating to the matrimonial property regime are recorded also
the Treaty on extending or reducing the range of common property
the spouses and the contract of reservation of the emergence of joint property of spouses at the date of
the dissolution of marriage, spouses or closed man and a woman, who at the time of
the object of the contract to marry, has already registered pursuant to
the existing legislation in the central register of marriage contracts
before the date of entry into force of this Act.
4. In the list of documents relating to the matrimonial property regime is based on
the application of both spouses also recorded contract for widening or narrowing
extent of marital property and the contract of reservation
the emergence of common property of the spouses, on the date of dissolution of marriage, sealed
spouses or a man and a woman, who at the time of conclusion of the contract were not
the spouses and then marriage, incurred by
legislation; When you write the process according to Act No. 357/1992
Coll., in the version in force from the date of entry into force of this Act, the
the provisions after entry shall also apply to these contracts.
5. If you have been accepted into the custody of the money or of the Charter before the date
entry into force of this Act, their safekeeping shall be completed according to the
the existing legislation.
6. The contract of insurance against liability for injury to the notary is obliged to enter into the
1 year from the date of entry into force of this Act. If the contract is concluded
within the time limit under the first sentence, to the date of the conclusion of this contract met
assumption of starting the activity of the notary under § 9 para. 1 (b). (d)) of the Act
No 358/1992 Coll., in the version in force from the date of entry into force of this
of the Act, entered into a contract of notary liability insurance.
1) section 38 of the Act No. 99/1963 Coll., the civil procedure code, as amended
regulations.
2) Eg. Code of civil procedure.
2A) Act No. 367/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
3 § 250 l et seq.). Code of civil procedure.
3A) Act No. 300/2008 Coll., on electronic acts and authorized
convert documents.
4A) Act No. 61/1996, on certain measures against the legalization of
the proceeds of crime and amending and complementing related laws, in
as amended.
4A) of section 143a of the civil code.
4B) § 274 (e). I) code of civil procedure.
4 c) Act No. 36/1967 Coll. on experts and interpreters, as amended by Act No.
322/2006 Sb.
4 d) of section 4 of Act No. 82/1998 Coll., on liability for damage caused during
the exercise of public power by a decision or incorrect official procedure, in
as amended.
4E) § 200ua code of civil procedure.
Article. 2 to 4 of the European Parliament and Council Regulation (EC) No 805/2004 of the
21.4.2004 establishing a European enforcement order for uncontested
claims.
4F) Act No. 627/2004 Coll., on European society.
5) Law No 191/1950 Coll., bills and cheques Act, as amended by Act No.
29/2000 Sb.
Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
5A) § 27a para. 2 (a). and) of the commercial code, as amended
regulations.
5B) Act No. 235/2004 Coll., on value added tax.
5 c) § 38 paragraph 1(a). Code of civil procedure.
5 d) Act No. 235/2004 Coll., on value added tax.
