The Notarial Regulations

Original Language Title: notářský řád

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40082&nr=358~2F1992~20Sb.&ft=txt

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.