Amendment Of The Decree On Remuneration And Compensation Of Notaries And Administrators Heritage

Original Language Title: Změna vyhlášky o odměnách a náhradách notářů a správců dědictví

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=68819&nr=167~2F2009~20Sb.&ft=txt

167/2009 Sb.



The DECREE



on 2 December. June 2009,



amending the Decree of the Ministry of justice no. 196/2001 Coll., on the

rewards and compensation of notaries and administrators heritage, as amended

the laws of the



The Ministry of Justice establishes, pursuant to § 107 and § 35b paragraph. 9 of law

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

374a (a). and Act No.) 99/1963 Coll., the code of civil procedure, as amended by

Act No. 30/2000 Coll.:



Article. (I)



Decree No 196/2001 Coll., on rewards and compensation of notaries and administrators

heritage, as amended by Decree No. 42/2002 Coll., Decree No. 403/2005 Coll. and

Decree No. 399/2006 Coll., is hereby amended as follows:



1. In article 1 (1). 1 the words "carried out acts in the proceedings on the heritage ^ 4)"

replaced by the words "performs a different action ^ 4)." Footnote 4

added:



"4) § 4 of law No 358/1992 Coll., on notaries public and their activities (notarial

of procedure), as amended by law No 554/2004 Coll.



For example, § 175d and § 38 paragraph. 2 of the code of civil procedure. ".



2. In article 2, the words "and the performance of asset management" is replaced by ",

the performance of asset management and the performance of other activities ".



3. In section 4, paragraph 4. 2 footnote 5 is deleted.



4. In section 4, at the end of paragraph 5, the following sentence "If the MSRP

of the collateral is less than the amount of such claims, it is considered the tariff

the value of the usual price pledge. ".



5. In section 5 (3). 3, the words "or change of legal form" are replaced by the words "with the

liquidation ".



6. In the section 5 paragraph 5 is added:



"(5) if the subject of the Act of the decision or the decision on the certificate

the conversion of a commercial company or cooperative, it considered tariff

the value of the



and the amount of the assets of the company) who is transferring the business of the company or

cooperative, if the decision of the members or by the general meeting, or

Member meeting of the company commercial companies or cooperatives of

national merger



(b) the amount of all previous) total equity of the companies business

companies or cooperatives, if the decision of the members or the General

meeting or meetings of the acquiring company or the

the cooperative of national merger



(c) the amount of the previous Czech equity), the company Corporation, with respect to

the decision of the general meeting or of the members or member meeting of the Czech

the company Corporation for the cross-border merger,



(d) the sum of the amount of the previous Fortune) Czech of the acquiring Corporation, as if the

about the decision of the general meeting or of the members or member meeting of the Czech

the acquiring corporations about cross-border merger,



(e) the amount of the assets of the company) preceding or distributed business

company or cooperative, if the decision of the members or the General

meeting or meetings of the company or business being divided

companies or cooperatives of Division



(f) the sum of the amount of the previous Fortune) of the acquiring company

or cooperative, if the decision of the members or by the general meeting, or

Member meeting of the acquiring company or cooperative on the

the allocation,



(g) the amount of the assets of the company) who is transferring the business of the company, if the

the decision on transfer of assets



1. the company or the general meeting of the company or the Member meeting

commercial companies or cooperatives, or



2. the přejímajícího companion, who is a natural person, or of the shareholders,

or by the general meeting, or meetings, or other similar institution

přejímajícího companion who is a legal person,



(h)), the capital of the company or the base enroll

the capital of the cooperative in accordance with State of the registration in the commercial register, as it should be

After the registration of the change of legal form to the commercial register, if this is about

the decision of the general meeting or of the members or member meeting about change

legal forms. If there is a change of legal form to the public

the company, whose members after the registration of the change of legal form to the

commercial register do not have deposits, it considered the tariff value of the above

equity public company referred to in the opening

the balance sheet.



If under special legislation does not require the opinion of a

the expert, about the price of the previous capital, is the tariff value of the place

who is transferring the assets of the sum of the basic capital of the companies business

companies or cooperatives.



7. the heading of part four: "the REWARD of a NOTARY for the PERFORMANCE of OTHER ACTIVITIES".



8. In section 15(2). 1, after the words "(hereinafter referred to as" the instrument of managing heritage ")"

the words "or whether or not it is in the central register of matrimonial

the contracts registered contract to extend or reduce the extent

joint property of the spouses or the Treaty on the formation of a joint reservation

property of spouses at the date of the dissolution of marriage ".



9. In the fourth for his head following the third second head, which

including the title:



"TITLE III



THE REWARD OF A NOTARY FOR THE PERFORMANCE OF OTHER ACTIVITIES



§ 15a



For the determination of the level of remuneration of a notary for the performance of other activities

apply by analogy the provisions of section 3, for partial provisions of the notary

section 7 of the Act, for the provisions of § 8 of the defects and to increase the remuneration of notary public

the provisions of § 9. ".



10. In the title of the annex, after the word "activities", the words "and the acts of the

some other activities ".



11. in section I of the annex under the heading and paragraph 1. sentence the first amount, "$ 800"

shall be replaced by "1 USD".



12. in section I of the annex under the heading and paragraph 1. the third sentence in item (B)

point 1. (a). and (B) in the entry), point 2. third sentence, and under item (C) sentence

the third word "difficulty" is replaced by the word "costs".



13. in section I of the annex under the heading and paragraph 1. the sentence the third amount 2 500 "

CZK "is replaced by" EUR ".



14. in section I of the annex under the heading and paragraph 1. the fourth sentence is replaced by the

the phrase "for the drafting of a notarial deed of pledge contract or agreement with the

courtesy of the enforceability of the unilateral legal act or for recognition

claims with the permission of the enforceability of a two-thirds of the amount

calculated in accordance with the first sentence and the second, for the drafting of notarial deed

gift tax treaty or of the Treaty on expansion or narrowing of the common

property of spouses under section 143a of the civil code, one half of the amount

calculated in accordance with the first and second sentences, and always at least 1 000 Czk. ".



15. in section I of the annex under heading (B), point 2. After the words "legal

the person ", the words" or of the constituent authorities started legal

persons, including the issue of one copy of the notarial deed ".



16. in section II of the annex, point (D) of item 1. added:

"1. For the drafting of a notarial act of the will or of the Charter of the dispossessed and the provisions of the Charter of the administrator

dědictví ........................................................................................... 1 500 Czk. ".



17. in section II of the annex, item D, point 2. added:

"2. For the drafting of a notarial deed of revocation revocation of wills or instrument of dispossessed or write notarial

the registration of the instrument of appeal provisions of the heritage Manager or odvolánísouhlasu with the provisions of the

the administrator function heritage........................................................................... 500 Czk. ".



18. in section II of the annex in the current text referred to as point

1. and the following point 2 is added:



"2. If the admission of a security deposit, the item (C).".



19. In section II of annex item N is:

"Item N

For the sum of the actions needed for the deletion from the register of pledges.................................................. 500 Czk. ".



20. In section II of Annex Q entry reads:

The Entry "Q

1. For the drafting and issuing of the certificate of cross-border merger.................................................. 40 000 Czk.

2. For the drafting and issuing of the certificate about the legality of the cross-border merger is complete........................... 40 000 Czk.

3. the drafting and issuing of the certificate about the legality of the completion of the cross-border merger by the notary who drew up and issued the certificate

the cross-border merger of all Czech interested corporations................................................ $ 10,000. ".



21. in section II of the annex is in the entry for the word "writing" shall be inserted after

the words "and release" and the word "company" shall be added the words "or

European cooperative society ".



22. in section II of the annex in entry:

"An Entry In The

1. For the drafting and issuing of the certificate for the establishment of a European company or European cooperative society

fúzí ................................................................................................. 40 000 Czk.

2. For the drafting and issuing of the certificate about the legality of the establishment of a European company or complete a European cooperative

společnosti fúzí ..................................................................................... 40 000 Czk.

3. the drafting and issuing of the certificate about the legality of the establishment of a European company or complete a European cooperative

company mergers, which he wrote and issued the certificate at the creation of a European company or European

cooperative society merger.......................................................................... $ 10,000. ".



23. in section II of the annex in the W, the amount "Eur 100" is replaced by

the amount of "$ 50.".
24. in section II of the annex, the following items X, Y and Z are added:

"Item X

For the execution of the administrative act a focal point of the public administration (the Czech podacíhoověřovacího information

National Terminal-Czech POINT)....................................................................... 50 CZK.

Item Y

For the release of the statement from the criminal record............................................................. 50 CZK.

An Entry From The

For the execution of authorized document conversion for each side converted any pending document

.......................................................................................................... CZK 30. ".



Article. (II)



The effectiveness of the



This Decree shall take effect on the fifth day after the date of publication.



Secretary:



JUDr. Kaaba in r.