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.
