About The Insolvency Administrators

Original Language Title: o insolvenčních správcích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62782&nr=312~2F2006~20Sb.&ft=txt

312/2006 Sb.



LAW



of 23 December 2003. May 2006



about the insolvency administrators



Change: 108/2007 Sb.



Change: 296/2007 Sb.



Change: 124/2008 Sb.



Change: 223/2009 Sb.



Change: 41/2009 Sb.



Change: 227/2009 Sb.



Change: 420/2011 Sb.



Change: 428/2011 Sb.



Change: 185/2013 Sb.



Modified: 294/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INSOLVENCY ADMINISTRATORS



HEAD FIRST



BASIC PROVISIONS



§ 1



The subject of the edit



This Act regulates the



and the emergence of the law to pursue the activity of) the insolvency administrator ^ 1),



(b)) list of insolvency administrators (hereinafter referred to as "the list"), the data into it

entered, the breakdown of the list, its leadership and the conditions for entry in the list,



(c) the activity of visiting an insolvency administrator),



d) supervision over the activities of the insolvency administrator and the host

the insolvency administrator.



§ 2



Definition of terms



(1) the insolvency administrator is a natural person, who is entitled to

to carry out the activities of the insolvency administrator.



(2) the insolvency administrator is also a public company, or

foreign company or foreign associations, which

provides the same guarantee liability of members as public business

company, and is based under the law of a Member State of the European Union,

the Member States of the agreement on the European economic area (hereinafter referred to as

"foreign corporation") and who is entitled to practise

the insolvency administrator.



(3) hosting the insolvency administrator is a national of a Member

State of the European Union, the Member States of the agreement on the European economic

area or the Swiss Confederation (hereinafter referred to as "Member State"), which

activity of the insolvency administrator in another Member State and has a

the right to temporarily or occasionally ^ 10) carry on business insolvency

the administrator of the territory of the Czech Republic.



(4) a visiting insolvency administrator means and foreign

the company, which provides the same guarantee liability of partners as

a public company, and the activity of the insolvency

Administrator in another Member State and has the right to temporarily or occasionally

operate an insolvency administrator on the territory of the Czech Republic.



§ 2a



Sensitive activities



For sensitive activities according to the law on the protection of classified information and on the

Security is considered the performance of the activities of the insolvency

the administrator of the debtor under section 3 (3). 2.



THE HEAD OF THE SECOND



PERMISSION TO CARRY OUT THE ACTIVITIES OF THE INSOLVENCY ADMINISTRATOR



§ 3



The emergence of the rights to operate an insolvency administrator



(1) the right to exercise the activities of the trustee arises on the date of acquisition

legal authorisation to pursue the activity of the power of the insolvency administrator (hereinafter referred to as

"authorisation").



(2) the right to exercise the function of the insolvency administrator of the debtor, which is

under a special legal regulation, financial institutions, with a particular

mode ^ 2) or a dealer in securities, the Central Depositary,

settlement system operator, organizer of the market with the investment

instruments, investment companies, investment fund pension

companies or pension fund, or borrower whose insolvency is

solved by redesigning, or whose total annual net turnover by

special legal regulation ^ 13) for the last financial period

the previous design had reached at least the above-mentioned amount 100 0000 0000

CZK, or which employs at least 100 employees in the employment relationship,

arises on the date of the entry into force of the special permit.



(3) public companies still unincorporated in the commercial register

the right referred to in paragraphs 1 and 2, the date of the registration of public business

the company, which has been granted a permit or special permit, to

the commercial register.



The issue of permits and special permits



§ 4



Proposal for a physical person



(1) the physical person to issue the permit or special permit

must contain the



and her name, if applicable), name and surname, residence, and does not have to

residence, habitual residence (hereinafter referred to as "permanent residence"), the State

citizenship, place of birth, social security number, and does not have a social security number, date of

birth,



(b) the indication of the address that) to be its headquarters, and



(c) the registration number of the certificate) exam of the insolvency administrator

or a specific examination of the insolvency administrator.



(2) to the proposal referred to in paragraph 1 shall be accompanied



and demonstrating compliance with the terms and conditions) proof of education pursuant to section 6 (1). 1 (a).

(b)),



(b) a document proving the fulfilment of the conditions of) liability insurance

under section 6 (1). 1 (a). (f)); This does not apply, if it is at the same time with the proposal

on the issue of the permit or special permit natural persons given to a proposal from the

the public business of the company or foreign company to which this

natural person joined the declaration under section 5 (3). 2 (a). and)



(c)) the conditions of integrity, proof that the corresponding extract from the

registration records or similar evidence issued by other States, in which

the last 3 years, resided continuously for more than 3 months, which

must not be older than 90 days; in recognition of the document issued by the competent

authority of another Member State, in accordance with a special legislative

code ^ 4),



(d)) documents proving the condition relating to professional practice referred to in section 6 (1). 1

(a). (e)),



e) proof of payment of an administrative fee, and



f) Declaration of professional orientation for the purposes of the registration of the relevant part of the

list of insolvency administrators.



(3) the Lawyer, tax consultant or an auditor to design joins confirmation

the relevant Chamber that is registered in the list of lawyers, list

the list of tax consultants, auditors; the notary attaches a document that was

appointed as a notary public.



(4) to the design of physical persons on the issue of a special authorization must be on

accompanied by a certified copy of the document on security of natural

person or natural person certificate.



§ 5



The proposal for public companies and foreign companies



(1) the proposal of the public business of the company or foreign company in the

the issue of the permit or special permit must contain the



a commercial company, and)



(b)) headquarters,



(c) the number of persons) identification (hereinafter "ID number"), if the

proposed issuance of the permit or special permit public business

the company entered in the commercial register,



(d) the name or names), and last name, social security number, and if it is not

assigned, date of birth and residence of the natural person, partnership

which is a statutory body or a member of the statutory body, which

through the practise of the insolvency administrator (hereinafter referred to as

"the recently announced companion"),



(e) the reference number of the authorisation) announced a companion or reference number

special permission of the notified partner.



(2) to the proposal referred to in paragraph 1 shall be accompanied



and the Declaration announced partnership) that will carry out the activities of the

the insolvency administrator under section 3 (3). 1 or the operation of the insolvency

the administrator of the debtor under section 3 (3). 2 only in the framework of public

the company or foreign company; the signature of the partnership announced

must be officially verified,



(b) a document proving the fulfilment of the conditions of) liability insurance

pursuant to section 8 (2). 1 (a). (c)),



c) proof of payment of an administrative fee, and



(d) statement on the vocational focus) for the purposes of the registration of the relevant part of the

list of insolvency administrators.



(3) to the proposal referred to in paragraph 1 must be connected to the social

the contract, if it is proposed to issue the permit or special permit

public companies still unincorporated in the commercial register.



Section 5a



Its registered office and place of business of the insolvency administrator



(1) the seat of the insolvency administrator is the place in which it actually and

principally carries on business.



(2) if the insolvency administrator



and, the lawyer) to the list of his registered office registered in the list of

lawyers,



(b)), the tax adviser to the list of his registered office registered in the list of

tax consultants,



(c)) the Auditor, writes to the list of his registered office registered in the list of

Auditors,



(d) a notary public), writes to the Head Office of the notary office, to which was

appointed.



(3) if the official receiver public commercial companies or

foreign companies, writes to the list of its registered office, or

the location of the organizational folder entered in the commercial register.



(4) Establishment of the insolvency administrator is a place in which in defined

days and hours (hereinafter referred to as "office hours") the insolvency administrator

actually performing an action.



(5) the activity of the insolvency administrator may be exercised in a more

the premises, if the insolvency administrator has ownership or

exploitation right. In the circuit one of the District Court, however, can have only

one establishment. In the circuit of one regional court may have the insolvency

Administrator more establishments. If the insolvency administrator in the district one

the regional court more establishments, writes to the appropriate section of the list

led by the regional courts circuits only the establishment, for which

joined the Declaration of professional focus on the solution to the bankruptcy of the debtor

bankruptcy as the first in the order.



(6) If a natural person, a public trading company and a foreign

the company, which was the right to exercise the activities of an insolvency administrator
According to § 3 (2). 2, writes the special list only the head office

the insolvency administrator.



(7) registered office and place of business must be labeled with the name, or names,

last name and identification number of the insolvency administrator, which is

a natural person, business name and identification number, indicating the

names, where appropriate, the name and surname of the announced partnership insolvency

the administrator who is a public company.



(8) the Ministry shall determine by Decree the details of office hours

the establishment, the labelling and the establishment of the registered office and on the activities, which is

the official receiver shall be required to provide in the establishment.



§ 6



Permits and special permits physical persons



(1) on the proposal of the Ministry of Justice shall issue (hereinafter referred to as "the Ministry")

enabling a natural person who



and has the full capacity to) legal capacity,



(b)) at a University in a Member State or the Member has obtained the

State-recognised higher education master's degree program,



(c)) has done the exam an insolvency administrator,



(d)), it is impeachable,



(e)) exercised for at least 3 years of professional experience in the field of

performance-related features of the insolvency administrator, in particular in the area of

law, economics, tax advice, accounting, audit or management

of the undertaking, and



(f) at their own expense) concluded the Treaty on liability insurance,

that could arise in connection with the performance of the function of the insolvency

According to the law governing the insolvency administrator and the ways of its solution, or with

the activities of the employees of the insolvency administrator in the performance of the functions for the entire

the duration of this function of the ^ 1) (hereinafter referred to as the "Treaty on liability insurance

for damage ").



(2) on the proposal of the Ministry shall issue a special permit to a natural person that



and) meets the conditions referred to in paragraph 1 (b). and (b))), d), (e) and (f))),



(b) has carried out a special examination) the insolvency administrator and the



(c) the conditions for performance) meets the sensitive activities according to the law on the

the protection of classified information and security.



(3) the conditions referred to in paragraphs 1 and 2 shall be regarded as having been complied with,

If they have been recognised by the Ministry under a special legal regulation ^ 4).



(4) the permit or special permit may be issued to a natural person

the Ministry only in the event that the date of submission of the proposal to run more

than 6 months from the date of the execution of a test or special tests

the insolvency administrator.



(5) the validity of the authorization is limited to a period of 5 years from the date of acquisition of the legal

to be able to enable it. On the basis of an application for renewal of an authorisation, in which

the official receiver shall pay an administrative fee, the time

the permit is extended for 5 years. The administrative fee shall be

paid no later than the last day of validity of the permit.



(6) the validity of a specific authorization is limited to a period of 5 years from the date of

the entry into force of the special permit. Executing specific tests

the insolvency administrator in the last 12 months of validity of the Special

the duration of the permit special permit extended for 5 years.



(7) in order to demonstrate the integrity of a natural person, the Ministry's

requests under special legislation ^ 4a) an extract from the register

Criminal records. Request for the release of the statement from the criminal register and

extract from the criminal record shall be transmitted in electronic form, and

This means that allow remote access.



§ 6a



(1) the Ministry shall issue the proposal for authorisation to a natural person that died

the right to exercise the activities of the trustee pursuant to section 12 paragraph. 2, for

the conditions referred to in section 6 (1). 1 and 3 in the event that the proposal on the issue of permits

was filed within 3 months from the date of dissolution of the right to exercise the activities of

the insolvency administrator under section 12, paragraph. 2.



(2) the application for a permit referred to in paragraph 1 shall contain the

requirements referred to in section 4, paragraph 4. 1 and the draft document under section connects 4

paragraph. 2 (a). b), c) and (e)).



(3) the validity of the authorization referred to in paragraph 1 shall be limited in accordance with section 6 (1). 5.



section 7 of the



Integrity



(1) the condition of integrity under section 6 (1). 1 (a). (d)) does not satisfy the physical

person,



and that has been finally) convicted of an offence committed in

connection with the performance of the function of the insolvency administrator or

been convicted of another offence if this crime

threatens confidence in the proper performance of the functions of the insolvency administrator, if the

It does not look as if he has not been convicted,



(b)) that Court in the last 5 years before the application

rejected the request for remission of the remainder of its debt,



(c) on which the bankruptcy was) in insolvency proceedings been taken,



(d)) which has been in the last 5 years, the statutory body or a member of the

the statutory body of the legal person, which has been in bankruptcy

insolvency proceedings been taken,



(e)), which takes an obstacle performance of the functions of the statutory body,

a member of the statutory body or other authority of a legal person, that is

an entrepreneur,



(f)) which has been in the last 5 years before the application was cancelled

the permit or special permit procedure under section 13 (3). 2 or

died right on the basis of the decision under section 34, or



(g)), which was announced in the last 5 years the companion public

the business of the company or foreign company, if this

the company canceled the permit or special permit procedure according to § 13

paragraph. 2 he or she died right on the basis of the decision under section 34.



(2) the condition of integrity under section 8 (2). 1 (a). (d)) does not meet the public

the company or foreign company,



and that has been finally) convicted of an offence committed in

connection with the performance of the function of the insolvency administrator or

been convicted of any other deliberate offence if this crime

activity threatens confidence in the proper performance of the functions of the insolvency administrator,

If it does not look as if they have not been convicted of, or



(b)) which has been in the last 5 years before the application was cancelled

the permit or special permit procedure under section 13 (3). 2 or

died right on the basis of the decision under section 34.



§ 8



The issue of permits and special permits public companies and

foreign companies



(1) on the proposal of the Ministry shall issue the authorisation of public companies

or foreign companies,



and that has announced partnership), to whom the permit was issued,



(b)) which announced a companion made a statement under section 5 (3). 2,



(c)), having a contract at their own expense on the liability insurance

damage and



(d)) that is impeachable.



(2) on the proposal of the Ministry shall issue the special permit for public business

the company or foreign company,



and) which satisfies the conditions referred to in paragraph 1 (b). b) to (d)) and



(b)) which has announced partnership, to whom it was issued a special permit.



(3) in order to demonstrate the integrity of the legal person's Ministry

requests under special legislation ^ 4a) an extract from the register

Criminal records. Request for the release of the statement from the criminal register and

extract from the criminal record shall be transmitted in electronic form, and

This means that allow remote access.



(4) the conditions referred to in paragraphs 1 and 2 shall be regarded as having been complied with,

If a public company or foreign company meets the

equivalent to the requirements for acquisition of the right to exercise the activities of insolvency

Administrator in another Member State. This fact is required to the public

the company or foreign company to the Ministry.



(5) the permit or special permit referred to in paragraphs 1 and 2 also contains

the designations announced a companion or companions reported.



§ 8a



Authorised trustee arises also in vain expiry of the

the time limits and in the manner referred to in section 28 to 30 of the law on the free movement of services.



§ 8b



The issue of new permits and a new special permit public business

the company or foreign company



(1) the Ministry shall, on the proposal for a new permit or a special permit

insolvency administrators in the event of a change in the person of the announced partnership

or in the number of reported partners.



(2) the provisions of this law concerning the constituent proposal on the issue of permits

or special permit public companies or foreign

the company concerning the notified partner shall apply to the proposal, according to

paragraph 1 shall apply mutatis mutandis.



(3) the Department shall issue a new permit or a special permit

insolvency administrators, if any of the advertised companions died

the right to exercise the activities of the trustee or any of the advertised

ceased to be a companion to the public company, or a foreign

the company.



The suspension of the right to exercise the activities of an insolvency administrator



§ 9



(1) the right to exercise the activities of the insolvency administrator, insolvency

Administrators suspended



and the date of publication of the decision) of the bankruptcy insolvency administrator in the

Insolvency Register ^ 1),



(b)) the date when the decision became enforceable on the withdrawal of the insolvency

to the custody of the administrator,



(c)) on the day when the insolvency administrator joined the imprisonment,

the performance of the constitutional protection of healing or the performance of security detention,



(d)) in the case of an insolvency administrator, which is the advertised companion

the public business of the company or foreign company,
on the day when public companies or foreign business

the company was right to pursue the activity of the insolvency administrator,



(e)) date of entry into force of the decision, which he has been sentenced

the prohibition of activities, as a result of the activities of the official receiver cannot

the insolvency administrator to perform,



(f)), the date on which the right to exercise was suspended the activities of the

the insolvency administrator announced a shareholder of public business

the company or foreign company,



(g)) the date on which the official receiver began to perform the function of Member of the Government,

a member of the authority of the territorial self-government, the Senator or Deputy or another

elected or appointed public office.



(2) the suspension of the rights of the insolvency administrator shall cease to carry on business

the date of the removal of the fact, that was the reason for the suspension of this

rights.



§ 10



(1) the Ministry may decide to suspend the right to carry on business

the insolvency administrator of insolvency administrators,



and which is conducted) against a prosecution for an offence committed in

connection with the exercise of the activity of the insolvency administrator or for another

an intentional offence if this crime threatens confidence in the ordinary

the performance of the functions of the insolvency administrator, and not later than the date on which the legal

the decision establishing the procedure ends; If the insolvency

Administrators for that offence penalty, protective treatment or

security detention, suspension of the right to exercise the activities of

the insolvency administrator of the insolvency administrator ends on the date of the acquisition of the legal

the decision of the Ministry of the withdrawal of authorisation to pursue the activity of

the insolvency administrator



(b) if the insolvency proceedings in progress), which addresses its decline

or imminent decline, until the date of the entry into force of the decision,

This procedure ends; If the decision on the bankruptcy insolvency

the administrator, suspend the rights to operate an insolvency administrator

insolvency administrator ends on the date of the entry into force of the decision

the Ministry of the withdrawal of authorisation to pursue the activity of insolvency

Administrator, or



(c)) if the proceedings about his eligibility to legal capacity,

until the date of the entry into force of the decision determining the procedure

ends.



(2) the Ministry shall publish information on the suspension of the right to exercise the activities of

the insolvency administrator in the list on the day when the decision was released.



§ 11



(1) unless otherwise provided, for the suspension of the right to exercise

the activities of the trustee the official receiver shall not engage

the activity of the insolvency administrator. The suspension of the right to exercise the activities of

insolvency administrator is without prejudice to the obligation of the insolvency administrator to be

insured on the basis of the Treaty on liability insurance, if it is not

unless provided otherwise below.



(2) After a period of suspension of the right to exercise the activities of an insolvency administrator

pursuant to section 9 (2). 1 (a). (d))



insolvency administrator) can perform the activities of an insolvency administrator

only as reported by the companion,



(b) the obligation of the official receiver) does not have to be insured on the basis of the Treaty on

liability insurance.



The demise of the law to pursue the activity of an insolvency administrator



§ 12



(1) the right to exercise the activities of an insolvency administrator insolvency administrators

shall cease



and the death of the insolvency administrator),



(b)) has been declared dead, and the date of the decision

the Court on the declarations for the dead,



(c)) has been deprived of legal capacity or competence to

legal capacity was limited, and that the date of the decision of the Court,

which has been deprived of legal capacity or his

the eligibility of legal capacity is limited,



(d) the date of cancellation) public companies or foreign business

the company,



(e) if the Ministry handed) written notice of the termination of the activities of the

the insolvency administrator, and on the last day of the calendar month

following the month in which it was delivered,



f) in the case of a public commercial company or foreign business

the company, the date on which the right to exercise the activities of conferring

the insolvency administrator announced her partner, or the date of the

which reported partner ceased to be a companion to the public

the company or foreign company.



(2) the right to exercise the activities of the trustee pursuant to section 3 (3). 1

insolvency administrators shall cease on the expiry of 5 years from the date of acquisition of the legal

to be able to permit to operate an insolvency administrator, if the

renewed procedure pursuant to section 6 (1). 5.



(3) the right to exercise the activities of the debtor's insolvency administrator pursuant to section 3 of the

paragraph. insolvency administrators 2 shall cease on the expiry of 5 years from the date of

the entry into force of a special authorisation to pursue the activity of insolvency

the administrator, if the force of a special permit extended procedure

under section 6 (1). 6.



section 13



The cancellation of the permit or special permit



(1) the Ministry shall revoke



and permit the insolvency administrators) that does not meet any of the conditions

under section 6 (1). 1 or under section 8 (2). 1, or



(b)) special permit the insolvency administrators, which does not meet any of the

the conditions referred to in section 6 (1). 2 or pursuant to section 8 (2). 2.



(2) the Ministry may cancel the permit or special permit

insolvency administrators, which was



and the Ministry has repeatedly awarded sanctions) under section 36b; the Ministry of

in doing so, shall take into account in particular the nature of the broken obligations, the number and

the nature of the penalties awarded by the Ministry and the time that has elapsed between the

the violation of the individual obligations, or



(b) the insolvency court repeatedly granted) the penalties referred to in the insolvency

the law; in doing so, shall take into account, in particular, the Ministry of the nature of the broken

obligations, the number and nature of penalties awarded by the Court and the insolvency

the time that elapsed between the violation of the individual's duties.



§ 14



Information duty of the insolvency administrator



(1) the official receiver shall inform the Ministry of all the facts,

that can lead to the suspension of rights under section 9 or section 10, the demise of the law

under section 12, or to cancel the permit or special permit according to § 13

paragraph. 1; and it immediately, but not later than 15 days from the date when the

the relevant event occurred.



(2) the official receiver shall inform the Ministry about the change of the data of the registered

in the list, if there is no change to the information Ministry is aware of his own

activities, and submit proof of change of this information; and it shall, without delay,

but not later than 15 days after the day on which the relevant event occurred.



(3) the official receiver shall submit to the Ministry annually document

demonstrating compliance with the terms of the contract of insurance

for damage.



§ 15



Information duty of the Ministry of



On the issue of the authorisation, the issue of a special permit, the suspension of rights

to carry out the activities of the insolvency administrator and the demise of the right to exercise

the activity of the insolvency administrator to the lawyer, accountant, auditor

immediately notify the Ministry of notaries public, or also to the relevant Chamber.



THE HEAD OF THE THIRD



A LIST of the



section 16 of the



The list contains the particulars referred to in this Act and information according to the specific

^ Law 1) relating to the insolvency administrators and visiting

insolvency administrators. The list is part of the insolvency register referred to in

special legal regulation ^ 1), who leads the Ministry.



§ 17



Breakdown and content of the list



(1) the list is broken down into the part of the General and specific part. Part of the list

There is also a list of visiting insolvency administrators.



(2) to the general part of the list of natural persons shall be entered separately, public

the trading company and a foreign company, which was formed right

to carry out the activities of the insolvency administrator.



(3) the general part list leads



and) according to the circuit of the district courts for insolvency administrator professionally

aimed at addressing the bankruptcy of the debtor, phase and



(b)) according to the circuit of the regional courts for insolvency administrators

expertly aimed at addressing insolvency of the debtor's bankruptcy.



(4) in a special section of the list of natural persons shall be entered separately,

public companies and foreign companies, which was founded

the right to exercise the activities of the debtor's insolvency administrator pursuant to § 3 (2).

2.



(5) the special section of the list is leading for the whole territory of the Czech Republic.



(6) for the purposes of the registration of a person that is an insolvency administrator, public

commercial companies to the list referred to in paragraph 3 corresponds to the number of entries



and the number of reported partners) expertly aimed at addressing bankruptcy

the debtor phase,



(b) the number of reported partners) expertly aimed at addressing bankruptcy

the borrower's bankruptcy.



(7) for the purposes of the registration of a person that is an insolvency administrator, public

commercial companies to the list referred to in paragraph 4 is equivalent to the number of entries

the number of reported partners, which was the right to exercise the activities of

the insolvency administrator of the debtor under section 3 (3). 2.



(8) if the right to exercise the activities of the insolvency administrator or the

the activities of the debtor's insolvency administrator pursuant to § 3 (2). 2 in one day

more persons, these persons shall be entered in the relevant parts of the list in the

alphabetical order.



(9) to the list of visiting insolvency administrators, the person shall be entered,

they have the right to temporarily or occasionally to carry on business
the insolvency administrator, and on visiting the insolvency administrators, who have

the right to temporarily or occasionally to carry on business insolvency

the administrator of the debtor under section 3 (3). 2.



The information entered into the list



section 18



(1) unless otherwise provided for, for each person entered in the

the list writes



and information that identifies the insolvency administrator),



(b)) the indication of the establishment of the right to exercise the activities of the insolvency administrator,



(c) the indication of the suspension of the rights) to carry out the activities of the insolvency administrator,



(d) the indication of the extinction of the rights) to carry out the activities of the insolvency administrator,



(e)) change to the data registered by the letters) to (c)).



(2) the information referred to in paragraph 1 to the list without the Ministry writes

undue delay; the provisions of section 10, paragraph 1. 2 this does not prejudice.



§ 19



An indication identifying the insolvency administrator



(1) in the framework of the information identifying the insolvency administrator to list

writes,



and in the case of) a natural person, the name, or names, first and last name,

permanent residence, date of birth, address, if different from the Permanent

the stay, granted by the administrator of the basic identification number registry

people ^ 4b), an indication of the progress of the education and training of professional practice,



(b)) in the case of a public commercial company or foreign company,

her business name, registered office, where appropriate, the location of the organizational folder

identification number, name, or first name, and last name, date of

the birth of the announced partnership,



(c) the focus of the insolvency administrator).



(2) On the written request of the insolvency administrator to list

writes the address of the establishment of the insolvency administrator and office hours, in

which will perform the activity. In its request, the insolvency administrator

indicate the start date of the performance of the activities in the establishment. The application shall be

attached document proving legal justification for the use of the space in which the

the insolvency administrator of the establishment; to support the legal reason for the use of

It is sufficient to place a written declaration of the owner of the property, in which they are

the premises are located, with the placement agreement.



section 20



Information about the establishment of the right to exercise the activities of an insolvency administrator



(1) in the framework of the information on the establishment of the right to exercise the activities of insolvency

in the list manager writes the date on which the competent natural person

and public company or foreign company was founded

the right to exercise the activities of the insolvency administrator.



(2) if the person who is entered in a special section of the list,

entered in the list of the day performing special tests.



section 21



Information about the suspension of the right to exercise the activities of an insolvency administrator



In the context of data about the suspension of the right to exercise the activities of insolvency

the administrator in the list shall indicate the date from which the insolvency administrators

suspended the right to exercise the activities of the trustee, and the reason

This suspension.



section 22



An indication of the extinction of the rights of the insolvency administrator to perform the activity



In the context of data about the extinction of the rights of the insolvency administrator to perform the activity

the list shall indicate the date on which the insolvency administrators the right to disappear

to carry out the activities of the trustee, and the cause of the extinction.



THE HEAD OF THE FOURTH



TRAINING OF INSOLVENCY ADMINISTRATORS



section 23



The insolvency administrator is obliged to continuously educate and deepen their

expertise for the proper performance of the activities of the insolvency administrator.



section 24



The test of the insolvency administrator



(1) unless provided otherwise below, the Ministry will allow up to 6 months from the

receipt of the written request to execute a test of the insolvency administrator of each

a natural person who



and) meets the conditions set out in section 6 (1). 1 (a). (b)), and (e)), and



(b) pay the fee for the Ministry) admission to the test

the insolvency administrator in the amount of 5 000 Czk.



(2) Whoever during the test, an insolvency administrator, may, within 30 days

from the date of request in writing to the Ministry that allowed him to

its repetition. The Ministry will allow a repetition of the test of the insolvency

the administrator of an applicant who has paid the fee for the permit to the Ministry of

Repeat this test, in the amount of 7 000 CZK, as soon as possible after the expiry of 6

months from the date of the tests, in which an applicant failed; the test can be

repeated only twice.



(3) Whoever during the test failed and has not submitted an insolvency administrator in the

the time limit referred to in paragraph 2, a request for its repetition, or the one who when

the test of an insolvency administrator failed in her second recurrence,

may submit a new application for the exam until after the expiration of 3 years from the date of

the venue of the test, which he failed to last.



(4) the person who fails to appear for the test, an insolvency administrator, may 5

days from the date of a written request to the Ministry allowed him to

its execution in another term. The Ministry will allow the execution of test

the insolvency administrator in another term to the applicant that his abstention

properly and timely apologize, demonstrated the serious reasons for their abstention ^ 11) and pay

the fee for the permit to the Department of the execution of this test in another term

in the amount of 7 000 Czk.



(5) one who fails the test of the insolvency administrator in another

the term, may within 5 days from the date of request in writing

the Ministry, in order to allow its execution in another alternate term.

The Ministry will allow the execution of the tests of the insolvency administrator in another

the replacement of the term to the applicant that his abstention apologized properly and in time,

demonstrate the reasons why special attention worthy of its non-participation ^ 12) and pay

the fee for the permit to the Department of the execution of this test in another

the replacement of the term in the amount of 10 000 Czk.



§ 25



cancelled



section 26



Special test of the insolvency administrator



(1) unless provided otherwise below, the Ministry will allow up to 6 months from the

receipt of the written request to perform a special test of an insolvency administrator

each natural person who



and) proves that the insolvency administrator to execute the test, and



(b) pay the fee for the Ministry), admission to a special test

the insolvency administrator in the amount of $ 3,000.



(2) For a special test of an insolvency administrator shall apply the provisions of §

24 paragraph. 2 to 5.



THE HEAD OF THE FIFTH



VISITING THE INSOLVENCY ADMINISTRATOR



section 27 of the



the title launched



(1) the Ministry shall, without delay, writes the national Member

State to the list of visiting insolvency administrators on the basis of:



and the notification under section 36a) law on the recognition of professional qualifications,



(b) the notification referred to in § 36a) law on the recognition of professional qualifications and after

submission of the security under the Act on the protection of

on the security of classified information and eligibility.



(2) the notification referred to in paragraph 1 shall also contain the indication of the address for

delivery on the territory of the Czech Republic.



(3) to the list will not be written to a national of a Member State, which

in the last 5 years died right on the basis of the decision under section 34.



section 28



the title launched



(1) For registration of foreign companies to the list of visiting

insolvency administrators, the provisions of section 27. 1 and 2 by analogy with the

the provisions of section 36a of the law on the recognition of professional qualifications shall apply in

relation to the foreign companies, mutatis mutandis.



(2) The list shall not be registered foreign company, which in the past

5 years died right on the basis of the decision under section 34.



section 29



Write to the list



(1) for hosting the insolvency administrator to the list of visiting

insolvency administrators writes



and information that identifies the host) of the insolvency administrator,



(b)) the indication of the document certifying that the applicant is established in the Member State

the origin of the ^ 13),



(c)) date of registration in the list,



(d) the indication of the suspension of the rights) to temporarily or occasionally to carry out

the activity of the insolvency administrator,



(e) an indication of the extinction of the rights) to temporarily or occasionally to carry on business

the insolvency administrator and the



(f)) change to the data registered by the letters and) to (d)),



(g) an indication of the security) according to the law governing the protection of

on the security of classified information and eligibility.



(2) for the registration of the data referred to in paragraph 1 (b). (d)), and (e)), section 21 and 22

Similarly.



section 30



Information that identifies the host of the insolvency administrator



In the framework of information identifying that hosts an insolvency administrator, the

shall indicate the



and) with respect to hosting an insolvency administrator pursuant to § 2 (2). 3, its

the name, or names, and surname, residence, social security number, and

If it is not allocated, date of birth,



(b)) in the case of visiting an insolvency administrator pursuant to § 2 (2). 4, his

form, the business name, address, identification number, or other similar

information on the name, or names, first and last name, social security number, and if it is not

granted, the date of birth of all members, and



(c)) the address for service on the territory of the Czech Republic.



section 31



the title launched



In the context of data about the document certifying that the applicant is established in the Member

State of origin ^ 13),



and the Member State and the authority) that issued the document, and



(b) the validity period of the day) edition of the document.



§ 32



Suspension of rights temporarily or occasionally to carry on business

the insolvency administrator



(1) the Ministry may decide to suspend the rights temporarily or

occasionally operate an insolvency administrator hosting

insolvency administrators
and which is conducted) against a prosecution for an offence committed in

connection with the exercise of the activity of the insolvency administrator or for another

an intentional offence if this crime threatens confidence in the ordinary

the performance of the functions of the insolvency administrator, and not later than the date on which the legal

the decision, which ends with this proceeding,



(b)) was instituted on the eligibility of legal capacity,

until the day when it takes the decision establishing this

the proceedings are terminated, or



(c)) was on the territory of another Member State, proceedings for annulment

permission to carry out activities in accordance with the law of the insolvency administrator

of that Member State, until the day when it has to be able to

the decision establishing this control ends.



(2) the right to temporarily or occasionally to carry on business insolvency

the administrator shall be suspended on the date of issue of the decision. The Ministry shall publish

information about the suspension of the right to exercise the activities of the insolvency administrator in the

the list on the day it was released.



section 33



The demise of the law temporarily or occasionally to carry on business insolvency

Administrator



(1) the right to temporarily or occasionally to carry on business insolvency

the administrator shall cease hosting the insolvency administrators,



and if it stops) meet the conditions for temporary or occasional performance

the activities of the trustee on the territory of the Czech Republic, or



(b)) if the facts referred to in section 12, paragraph. 1 (a). and (e)).)



(2) the right to temporarily or occasionally to carry on business insolvency

the administrator of the debtor under section 3 (3). 2 shall cease hosting the insolvency

Administrators also ceases to fulfil the conditions for the exercise of sensitive activities

According to the law on the protection of classified information and security

eligibility.



§ 34



The Ministry may decide about the demise of the law temporarily or occasionally

to carry out the activities of the insolvency administrator or the rights of a temporary or

occasionally perform the activities of the debtor's insolvency administrator pursuant to section

3 (3). 2 where was hosting the insolvency administrators



and the Ministry has repeatedly awarded sanctions) under section 36b; the Ministry of

in doing so, shall take into account in particular the nature of the broken obligations, the number and

the nature of the penalties awarded by the Ministry and the time that has elapsed between the

the violation of the individual obligations, or



(b) the insolvency court repeatedly granted) the penalties referred to in the insolvency

the law; in doing so, shall take into account, in particular, the Ministry of the nature of the broken

obligations, the number and nature of penalties awarded by the Court and the insolvency

the time that elapsed between the violation of the individual's duties.



section 35



Information duty of visiting the insolvency administrator



(1) the official receiver shall inform the Ministry of the hosting for all

the facts, which may lead to the suspension of rights under section 32 or

the demise of the rights under section 33; and it immediately, but not later than 15 days from the

the date on which the relevant event occurred.



(2) the official receiver shall inform the visiting Ministry on the change data

registered in the list, if there is no change to the information Ministry is aware of his

activities, and submit proof of change of this information; and it shall, without delay,

but not later than 15 days after the day on which the relevant event occurred.



(3) the official receiver shall submit to the Ministry a guest in the case of

reusing the notification under section 36a of the law on the recognition of professional qualifications

document proving the fulfilment of the conditions for the conclusion of the contract of insurance

liability for damage.



THE HEAD OF THE SIXTH



SUPERVISION



section 36



(1) the Ministry exercises supervision over the insolvenčními and Manager

visiting insolvenčními administrators.



(2) the Ministry of



and) supervise whether the insolvency administrator and the visiting insolvency

Administrator complies with the conditions for the exercise of the activities of the insolvency administrator and the

fulfils the obligations laid down in this Act,



(b)) to determine whether the information provided by the insolvency administrator, and visiting

insolvency administrator correspond to the fact, in particular, whether the seat of the registered

in the list is the place in which the insolvency administrator actually and principally

activity, and whether the establishment is registered in the list is the place in the

which actually in defined office hours activity, and



(c)) examines the facts, which may lead to the procedure under section 13 (3). 2

(a). (b) or section 34 (a)). (b)).



§ 36a



(1) the courts and other authorities shall send without delay a copy to the Department of

decisions on matters that affect the duration of the right to exercise the activities of

the insolvency administrator or hosting an insolvency administrator.



(2) for the purposes of assessment of the facts, which have an influence on the duration of the rights

to carry out the activities of the insolvency administrator or hosting of the insolvency

the administrator shall be entitled to consult the Ministry of those parts of the Court, or

the administrative file which contain these elements, if these do not result

from the final decision of the Court or administrative authority.



(3) the Ministry may require in accordance with a special regulation ^ 4a) extract from the

in the case of criminal records of the existence of a reasonable suspicion of

fulfillment provided for the cancellation of the permit or special permit

pursuant to section 13 (3). 1. a request for the release of the statement from the criminal record

and an extract from the criminal register shall be communicated in electronic form,

and it means that allow remote access.



(4) the Ministry ensures the exchange of information on the activities of the host

the insolvency administrator and the criminal or administrative measures

nature with the competent authorities of other Member States.



section 36b



Administrative delicts of legal entities and natural persons-entrepreneurs



(1) the official receiver has committed misconduct by



and does not inform the Ministry about the facts) according to § 14 paragraph. 1,



(b) does not inform the Ministry about the change) the data entered in the list or

do not submit proof of change of this information according to § 14 paragraph. 2,



(c) the Ministry annually) do not submit evidence demonstrating compliance with

the conditions for the conclusion of a Treaty on liability insurance pursuant to section 14 of the

paragraph. 3, or



(d)) in contravention of section 19, paragraph. 2 does not



1. as its headquarters, the place in which it actually carries on business, or



2. as its place of business the place in which it actually carries on the activity in the

limited opening hours.



(2) Visiting the official receiver has committed misconduct by



and does not inform the Ministry about the facts) according to § 35 paragraph. 1,



(b) does not inform the Ministry about the change) the data entered in the list or

do not submit proof of change of this information according to § 35 paragraph. 2, or



(c) the Ministry annually) do not submit evidence demonstrating compliance with

the conditions for the conclusion of the contract of insurance liability according to § 35

paragraph. 3.



(3) for the administrative offence is saved



admonition or fine) to 100 000 CZK in the case of an administrative offence under the

paragraph 1 (b). (b)), or (c) or paragraph 2 (b)). (b)), or (c)),



(b)) or fine to the upbuilding of the 200 000 CZK in the case of an administrative offence under the

paragraph 1 (b). and (d)) or paragraph 2 (b)) or. and).



section 36 c



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the Ministry initiated proceedings about him until 1 year after the date on which it

learned, but no later than 3 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

the Ministry.



(5) The liability for the acts, which took place in the business of physical

person or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the Fines collected and enforced by the Ministry in accordance with the tax code.



§ 37



(1) the content and other essentials test and how the insolvency administrator

proof of professional experience shall lay down by Decree of the Ministry.



(2) the content and other essentials special tests of the insolvency administrator

the Decree provides for the Ministry in agreement with the authority that is authorised to

exercise control or supervision over the activities of financial institutions

special mode ^ 2), trader with securities, Central

the depository, settlement system operator, organizer of the market

investment instruments, investment companies, investment fund

pension companies or pension fund.



THE HEAD OF THE SEVENTH



COMMON PROVISIONS



section 38



This law shall not apply to the insolvency administrator appointed in management

instituted by the law of another Member State ^ 9).



section 39



The minimum limit of indemnity insurance and minimum standards under the

section 6 (1). 1 (a). (f)), section 8 (2). 1 (a). (c)) and section 27. 1 (a). (b))

the Ministry shall set by Decree.



Transitional provisions



section 40



(1) a natural person or a public company, which is the date of

the entry into force of this Act in accordance with the existing legislation

registered in the list of administrators according to section 1 of Decree No. 476/1991 Coll., on the date of

the entry into force of this Act, be deemed to be the person entitled to exercise

the activities of the trustee pursuant to section 3 (3). 1 (a). ) and under section 3 of the

paragraph. 2.
(2) the right to pursue the activity of an insolvency administrator pursuant to paragraph 1

After the expiry of two years from the date of entry into force of this law shall lapse.



(3) the person referred to in paragraph 1 may not meet the condition of § 6 (1). 1 (a).

(e)), it shall submit a proposal pursuant to section 4, within the time limit referred to in paragraph 2.



§ 41



The natural person referred to in section 40 paragraph. 1 for a period of six years from the date of

the entry into force of this Act, subject to the condition of education pursuant to section 6 of the

paragraph. 1 (a). (b)).



PART THE SECOND



Amendment of the Act on administrative fees



section 42



In the annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Law No. 217/2005 Coll., Act No. 228/2005 Coll. and Act No. 361/2005

Coll., in item 10 (d)) shall be added:



"(d)) to write to the insolvency administrators CZK 5 000.".



PART THE THIRD



Amendment of the Act on the legal profession



§ 43



In section 15, paragraph. 1 of Act No. 85/1996 Coll., on the legal profession, with the words "performance

advocacy ", the words" or the performance of the activities of the insolvency administrator

under special legislation ^ 4a) ".



Footnote 4a is added:



"4a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law). ".



Footnote No. 4a is referred to as a footnote

No. 4b, and including a reference to a footnote.



PART THE FOURTH



Amendment of the Act on tax advice and of the Chamber of tax advisers of the Czech

of the Republic of



§ 44



In section 3 of the Act No. 523/1992 Coll., on the tax consultancy and tax Chamber

advisors of the Czech Republic, as amended by law No. 170/2004 Coll., shall be added

the following paragraph 5 is added:



"(5) the tax consultant may also perform the function of the insolvency administrator,

the preliminary insolvency administrator, representative of the insolvency administrator,

a separate insolvency administrator and special insolvency administrator

under special legislation ^ 3a). ".



Footnote 3a is inserted:



"3a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law). ".



Former footnote No. 3a to 3 c are renumbered as notes under

footnote No. 3b to 3d, including references to footnotes.



PART THE FIFTH



The amendment of the Bankruptcy Act and the ways of its solution (insolvency law)



section 45



Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

Act), is hereby amended as follows:



1. In § 21. 2 (a). and the words ") legal or economic

the direction of ' shall be deleted.



2. In section 84, paragraph. 1, the words "the Securities Commission" shall be replaced by the words

"The Czech National Bank".



3. In article 139, paragraph. 1 (a). (h)), the words "Commission of securities"

shall be replaced by the Czech National Bank ".



4. In section 247 (a). (b)), the words "the Commission for securities" shall be replaced by the words

"The Czech National Bank" and the words "the Securities Commission" shall be replaced by

the words "of the Czech National Bank".



5. In the second subparagraph of section 365. 3, the words "the Securities Commission" shall be replaced by the words

"The Czech National Bank".



6. In section 366, paragraph. 1 (a). (b)), the words "securities"

replaced by the words "of the Czech National Bank".



PART SIX



The EFFECTIVENESS of the



section 46



This law shall enter into force on 1 January 2005. January 1, 2008.



Zaorálek in r.



Klaus r.



Paroubek in r.



Selected provisions of the novel



Article. XLI of law No 223/2009 Sb.



The transitional provisions of the



The proceedings initiated before the date of entry into force of this law, and to this

the unfinished March completes and the rights and obligations related to

be assessed in accordance with the existing legislation.



Article. (II) Law No 185/2013 Sb.



Transitional provisions



1. the Insolvency administrator, which has been granted a special permit or

a special permit that hosts an insolvency administrator prior to the date

the effectiveness of this law, may not meet the prerequisites for performance-sensitive

activities according to the law on the protection of classified information and security

eligibility for a period of 12 months from the date of entry into force of this Act.



2. A natural person who has submitted a written application for the exam

date of entry into force of this law, may not satisfy the condition pursuant to § 6

paragraph. 1 (a). (e)) of the Act No 312/2006 Coll., as amended, effective from the date of

the entry into force of this law.



3. A natural person who has carried out a test, exam or difference

Special Exam of the insolvency administrator, before the date of entry into force of

This law, may not comply with the condition referred to in section 6 (1). 4 of law No.

312/2006 Coll., as amended, effective from the date of entry into force of this Act,

If the application for a permit or a special permit to exercise

the activity of the insolvency administrator within 6 months from the date of acquisition

the effectiveness of this Act.



4. The validity of the authorisation to pursue the activity of the insolvency administrator,

acquired the authority before the date of entry into force of this Act, is

limited to a period of 5 years from the date of entry into force of this Act.

Insolvency administrators with special permission, which has acquired the authority

before the date of entry into force of this law, the right to exercise

the activities of the trustee pursuant to section 12 paragraph. 3 the expiry of 5 years from the

date of entry into force of this Act.



5. A natural person who has carried out a special examination of the insolvency administrator

before the date of entry into force of this Act, the Department shall cancel the Special

the authorization referred to in section 13 (3). 1 (a). (b)) of the Act No 312/2006 Coll., as amended by

effective until the date of entry into force of this Act. The Ministry will allow this

person to perform the Special Exam if you have passed from the date of execution of the

special tests for more than 4 years. If the insolvency administrator cancelled

the authorization referred to in section 13 (3). 1 (a). (b)) of the Act No 312/2006 Coll., as amended by

effective until the date of entry into force of this Act, apply for the purposes of the performance of

the function of the insolvency administrator of the debtor under section 3 (3). 2 his right

operate an insolvency administrator had disappeared from the law.



6. If in Act No 312/2006 Coll., as amended, effective from the date of acquisition

the effectiveness of this law, the concept of insolvency, the administrator of the test

This means also differential test undertaken by the insolvency administrator

in accordance with Act No 312/2006 Coll., on insolvency administrators, as amended by

effective until the date of entry into force of this Act.



1) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

the law).



2 § 2 (b)). k) of the Act No. 182/2006 Coll., as amended by Act No. 139/2011 Sb.



Section 316, paragraph 3). 4 of law No. 182/2006 Coll.



4) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

change some of the laws (law on the recognition of professional qualifications), as amended by

amended.



4A) Law No. 269/1994 Coll., on criminal records, as amended

regulations.



4B) Law No 111/2009 Coll., on basic registers.



5) Act No. 85/1996 Coll., on the legal profession, as amended.



6) Act No. 523/1992 Coll., on the tax consultancy and tax Chamber

advisors of the Czech Republic, as amended.



7) Act No. 254/2000 Coll. on Auditors and on the amendment of Act No. 165/1998

Coll., as amended.



8) Law No 358/1992 Coll., on notaries public and their activities (notarial regulations),

in the wording of later regulations.



9) Council Regulation (EC) no 1346/2000 of 29 May 2000. May 2000 on insolvency

proceedings, European Parliament and Council Directive 2001/24/EC of 4 April 2003.

April 2001 on the reorganisation and winding up of credit institutions, directive

European Parliament and Council Directive 2001/17/EC of 19 July 1999. March 2001 on

reorganization and liquidation of insurance undertakings.



10) Law No. 222/2009 Coll., on the free movement of services, as amended by Act No.

247/2011 Sb.



Law No. 18/2004 Coll., on the recognition of professional qualifications and other

the eligibility of nationals of the Member States of the European Union and the

some of the nationals of other States and on the amendment of certain laws (the law on the

recognition of professional qualifications), in the wording of later regulations.



section 11, paragraph 11). 2 Decree No. 312/2007 Coll., on content and other

details of the tests of insolvency administrators, as amended

regulations.



section 11, paragraph 12). 3 Decree No. 312/2007 Coll., as amended

regulations.



13) Act No. 563/1991 Coll., on accounting, as amended.