296/2007 Sb.
LAW
of 31 March 2004. October 2007,
amending Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended, and certain laws in
the context of its adoption of the
Change: 121/2008 Sb.
Change: 274/2008 Sb.
Change: 41/2009 Coll., 278/2009 Sb.
Change: 281/2009 Sb.
Change: 466/2011 Sb.
Change: 201/2012 Sb.
Change: 241/2013 Sb.
Change: 307/2013 Sb.
Change: 89/2012 Coll. 91/2012 Coll. 229/2013 Coll. 256/2013 Coll. 340/2013
Coll. 344/13 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment of the Bankruptcy Act and the ways of its solution (insolvency law)
Article. (I)
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended by Act No 312/2006 Coll., is hereby amended as follows:
1. In section 6 (1). 1 the letter g) including footnote 2a is added:
"(g)) public nonprofit institutional healthcare facility established pursuant to
a special law ^ 2a),
2A) Act No. 245/2006 Coll., on public nonprofit constitutional
health facilities and on amendment to certain laws, as amended by the award
The Constitutional Court declared under no 483/2006 Sb. ".
2. In section 11 (1). 2, after the word "give" is the word "insolvency".
3. In section 18, paragraph. 4, after the words "is not permissible," added the word
"insolvency".
4. In § 21. 1 the words "(hereinafter referred to as" the list ") ' shall be deleted.
5. In article 21, paragraphs 2 and 3, including the footnote No. 9a shall be inserted:
"(2) the elements of the list of insolvency administrators, data into it
entered, its structure, management and conditions of registration and the creation of rights in it
to carry out the activities of the insolvency administrator and the host of the insolvency
the administrator modifies the special legal regulation 9a ^ ^).
(3) the insolvency administrator for the purposes of this Act, means and visiting
the insolvency administrator.
9A) Act No 312/2006 Coll., on insolvency administrators, as amended by law
No 296/2007 Sb. ".
6. In section 22, paragraph. 1, after the words "the provisions" shall be inserted the word "insolvency".
7. In section 22, paragraph. 1 and 2, after the words "list of", the words
"insolvency administrators".
8. In section 23, the words "; the conclusion of this Treaty is a precondition for entry into the
the list pursuant to § 21. 1 and for the provisions of the insolvency administrator under
section 22(2). 2 "shall be deleted.
9. In section 24, paragraph. 2, after the word "function" is inserted after the word "insolvency".
10. In section 31, paragraph. 1 and § 32 paragraph. 1, after the word "hearing" the word
"insolvency".
11. In section 37, paragraph. 4, after the word "the" was inserted after the word "insolvency".
12. In section 38, paragraph 3, the following paragraph 4 is added:
"(4) the Court may, in the course of insolvency proceedings to decide on the
advance payment the insolvency administrators, and rewards it again. ".
The current paragraph 4 shall become paragraph 5.
13. In § 47 odst. 2 the word "representative" shall be replaced by
"the Prosecutor's Office".
14. In section 48, paragraph. 2 the word "Manager" shall be replaced by the words
"insolvency administrator".
15. In section 58, paragraph. 2 (a). (f)), the word "closing date" shall be replaced by
"Shutter".
16. In section 62, paragraph. 1 the word "insolvency" is deleted.
17. In article 97, paragraph 1, the following paragraph 2 is added:
"(2) the said shall be provided with officially certified signature of the person
which it was lodged, or the advanced electronic signature; otherwise, the
to him shall be disregarded. ".
Paragraph 2 becomes paragraph 3.
18. In section 102 paragraph. 1 the letter g) is added:
"(g)), the Czech National Bank, if the debtor is a participant in the payment system
referred to in the list of the Czech National Bank according to the law governing the
payment ^ 1), or a participant in the settlement system under the Act
governing the capital market business ^ ^ 18). "
19. In section 102 paragraph. 1, letter h) repealed.
20. In section 107, paragraph. 1, after the word "on" is inserted after the word "property".
21. In section 107, paragraph. 3, the word "when" following the word "insolvency".
22. In section 107, paragraph. 4, after the word "than" following the word "insolvency".
23. In section 112, paragraph. 4, after the word "objection" is
"insolvency".
24. In paragraph 137. 1 the word "insolvency" is deleted.
25. In section 137, paragraph. 3, after the words "convene" following the word "insolvency".
26. In section 138, paragraph. 2, after the word "text" is inserted after the word "particularly".
27. In section 161 of the third sentence, after the words "can" be inserted the word "insolvency".
28. In paragraph 168. 1, letter a) is added:
"and the reimbursement of cash expenses) and reward the preliminary administrator; This does not apply,
If the preliminary insolvency administrator is appointed manager, ".
29. In paragraph 168. 1, letter a) the following new subparagraph (b)), which read:
"(b)) the refund required expenses and the remuneration of the liquidator of the debtor of the appointed
the Court and the debtor's business manager for the synergies provided by the preliminary
Administrators or administrators, insolvency ".
Letters b) to (d)) shall be renumbered as paragraphs (c) to (e)).)
30. In paragraph 214. 2 the words "the Court" shall be deleted.
31. In paragraph 216. 1 the words "§ 213 ' shall be replaced by the words" § 214 ".
32. In section 218, paragraph. 1, after the word "complement" is inserted after the word "insolvency".
33. In paragraph 224. 1, after the words "that person", and the words "for which"
inserted the word "insolvency".
34. In section 231, paragraph. 2 the word "representative" shall be replaced by
"the Prosecutor's Office".
35. In paragraph 235. 2, after the word "decision" shall be inserted the word
"insolvency".
36. In article 237, paragraph 3 is deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
37. In paragraph 256. 1 the words "§ 711" shall be deleted and the words "not prejudice"
shall be replaced by the words ", in which cases and under what conditions
can the landlord to terminate the lease of the apartment, this does not affect ".
38. In section 266, paragraph. 2 the word "participant" shall be replaced by the words "if it is not on
unless otherwise provided, the participant ".
39. In section 267, paragraph. 2, the words "section, paragraph 202. 5 "shall be replaced by the words" § 203
paragraph. 5. "
40. In paragraph 277. 4, the word "closing" shall be replaced by the words "statements or
an overview of the income, expenditure, assets and liabilities ".
41. In paragraph 285. 3, the words "in the case of přivolení to the notice on the lease
the apartment under section 711, paragraph. 1 (a). (d)) of the civil code "shall be replaced by the words
"when the testimony of the lease of the apartment tenants for gross violation of the obligations
arising from the lease of the apartment ".
42. In paragraph 298. 2, after the word "reward" is inserted after the word "insolvency".
43. In section 300, the words "on the basis of the decision of the word
"insolvency".
44. In section 302, the following paragraph 4 is added:
"(4) on the date of the Assembly shall draw up a final report the insolvency administrator accounting
accounts. ".
45. In section 304, paragraph. 3 the second sentence, after the words "to this meeting" is inserted
the word "insolvency".
46. In section 304, paragraph. 4, after the words "report and Bill Word
"insolvency".
47. In section 305, paragraph. 2 the words "§ 168 paragraph. 1 (a). (d)) "shall be replaced by
"section, paragraph 168. 1 (a). (e)) ".
48. In paragraph 306. 2, after the word "submitted" Word
"insolvency".
49. In § 307 paragraph. 3, the word "them" following the word "insolvency".
50. In § 307 paragraph. 4, the first sentence after the words "in trust for" Word
"insolvency".
51. In section 313, paragraph. 3, after the words "paragraph 2" shall be inserted the word
"insolvency".
52. In section 316, paragraph. 1, after the words "of this undertaking by the word
"insolvency".
53. In section 316, paragraph. 4, the words "not" shall be replaced by the word "is", the word
"it has not reached the" with the word "the", the words "less than" the word "minimum", the word
"the main" shall be deleted and the end of the text, the words "shall be added; the provisions of the
paragraph 3 shall not prejudice ".
54. In section 316, paragraph. 5, the word "paragraph" shall be replaced by the words "the restrictions referred to in
paragraph ".
55. In section 321, paragraph. 1 the words "§ 67" shall be replaced by the words "§ 107".
56. In paragraph 330. 6 the word "closing" shall be replaced by the word "accounts".
57. In section 339, paragraph. 4 and § 363 paragraph. 1 (a). (e)), the words "paragraph. 3 "
replaced by the words ' paragraph 4 '. 4. "
58. In paragraph 350. 2, after the word "decision" shall be inserted the word
"insolvency".
59. In paragraph 360. 1, after the words "the decision" following the word
"insolvency".
60. In § 363 paragraph. 1 (a). (b)) for the word "extension" is the word
"insolvency".
61. In paragraph 373. 2 (a). (b)) § 373 paragraph. 4, § 374 paragraph. 1 (a). b), §
paragraph 374. 3, section, paragraph 385. 2 (a). (b)) and article 385, paragraph. 4, the words "[section 2
(a). (f))] "shall be replaced by the words" [section 2 (a). g)]".
62. In paragraph 374. 2, after the word "sent" is inserted after the word "insolvency".
63. In paragraph 382. 1 the words "§ 380" shall be replaced by "section 379".
64. In paragraph 385. 4, the words "§ 380" shall be replaced by "section 379" and the words "§
387 "shall be replaced by the words" § 386 ".
65. In section 402, paragraph. 4 with the number "2" is replaced by "3".
66. In section 406, paragraph. 2 letter a) is added:
") information about who is the insolvency administrator,".
67. In section 411, paragraph. 2, after the word "decision" shall be inserted the word
"insolvency".
68. In section 419, paragraph 5 shall be deleted.
69. In section 422, paragraph. 3, the words "paragraphs 1 and 2 of the word
"insolvency".
70. In section 425, paragraph. 1 the words "If the final bankruptcy
proceedings ' shall be replaced by the words "after the expiry of 5 years from the entry into force
the decision, which was completed insolvency proceedings ".
71. In section 431 (b). and the words "formalities) written submissions, which will
denies the claim in the reorganization, "shall be deleted.
72. In section 431 (b)) shall be deleted.
Former points (c) to (f))) are renumbered as paragraphs (b) to (e)).)
73. In section 432, the existing text shall become paragraph 1 and the following
paragraphs 2 to 4 shall be added:
"(2) If, at the time until 31 December 2006. December 2008 will said
the insolvency court outside rozvrženou the working time of the insolvency court,
or in the days of rest, then the obligation of the insolvency court
publish a notice that announces the initiation of insolvency proceedings, in
insolvency register within 2 hours after, when he said
(section 101 (1)), deemed even, if so the insolvency
Court within 2 hours after the initiation of the next working day.
(3) until 31 December 2006. December 2008 includes insolvency register list
insolvency administrators, the list of debtors and publicly accessible documents and
information from the insolvency file.
(4) in the case of the procedure under section 422, paragraph. 1 and 2 until 31 December 2004. December 2008
information about the nature of mounted personal data which is not
published. ".
PART THE SECOND
Amendment of the Act on bills and cheques
Article. (II)
Act No 191/1950 Coll., the Bills and cheques Act, as amended by Act No.
29/2000 is amended as follows:
1. In section 43, paragraph. 2 points 2 and 3, including the footnote No. 1:
"2. If the drawee, whether accepted or not, the promissory note
decision on the decline of the ^ 1) or a rejection of the insolvency petition ^ 1)
for lack of assets, if their salaries or směnečník if the
to no avail kept enforcement or execution on his property;
3. If the issuer of the promissory note, which prohibit its
submission for adoption, decision on bankruptcy or rejection
insolvency for lack of assets.
1) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended. ".
2. In article 44, paragraph 6 is added:
"(6) if the drawee, whether accepted or not, the promissory note or
the issuer of the promissory note, which prohibit its submission for adoption, decided to
bankruptcy or insolvency of the rejection of the proposal for lack of assets,
you just need to exercise of the right of recourse to submit the relevant decisions of the Court. ".
PART THE THIRD
cancelled
Article. (III)
cancelled
PART THE FOURTH
cancelled
Article. (IV)
cancelled
PART THE FIFTH
To change the code of civil procedure
Article. In
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 117/1994
Coll., the Act No. 152/1994 Coll., the Act No. 216/1994, Coll., Act No. 84/1995
Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995
Coll., Act No. 247/1995 Coll., the finding of the Constitutional Court declared under no.
31/1996 Coll., Act No. 142/1996 Coll., the finding of the Constitutional Court declared
under no 269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll.,
Law No. 15/1998 Coll., Act No. 91/1998 Coll., Act No. 165/1998 Coll.
Act No. 326/1999 Coll., Act No. 360/1999 Coll., the finding of the Constitutional Court
declared under the No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000
Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000
Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000
Coll., Act No 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000
Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001
Coll., Act No. 273/2001 Coll., the finding of the Constitutional Court declared under no.
276/2001 Coll., Act No. 317/2001 Coll., Act No. 451/2001 Coll., Act No.
491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No.
202/2002 Coll., Act No. 227/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., the finding of the Constitutional Court declared under no. 476/2002 Sb.
Act No. 88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court
declared under the No 153/2004 Coll., Act No. 235/2004 Coll., Act No.
257/2004 Coll., the Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No.
501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004 Coll., Act No.
628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No.
205/2005 Coll., the Act No. 216/2005 Coll., Act No. 342/2005 Coll., Act No.
377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No.
56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No.
112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.
133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No.
189/2006 Coll., the Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No.
264/2006 Coll., Act No. 267/2006 Coll., Act No. 308/2006 Coll. and act
No 315/2006 Coll., is hereby amended as follows:
1. In section 9 (2). 3 (b). I) after the words "Fund" is the word
"insolvency" and the word "bankruptcy" is replaced by the word "property".
2. In section 9 (2). 3 points with) and t) are deleted.
Letters u) to x) is referred to as letters with) up in).
3. In article 9, paragraph 3 shall be inserted after paragraph 4, including notes
footnote No. 53 c is inserted:
"(4) the county courts also decide as courts of first instance in
insolvency proceedings and disputes in the incidental ^ 53 c).
53 c) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
The current paragraph 4 shall become paragraph 5.
4. In section 35, paragraph. 1 letter):
") in which the debtor's bankruptcy or impending resolves the decline, including the
incidental disputes, and the moratorium ^ 53 c). "
5. In section 85, paragraph 3, the following paragraph 4 is added:
"(4) the General Court trustee in the performance of its function is
the District Court in whose district has its registered office. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
6. In section 87, the existing text shall become paragraph 1 and the following
paragraph 2, which including a footnote No.: 62f
"(2) in the case of insolvency proceedings, in which it has to deal with decline or
the impending bankruptcy of the person constituting the debtor concern ^ 62f), is next to the Court
referred to in § 85a of the proceedings the competent court also, which is
insolvency proceedings to address the decline of the impending bankruptcy of the debtor or.
62f) section 66a. ".
7. In section 88, the letter i) is repealed.
Subparagraph (j)) to (p)) are referred to as letters) to about).
8. In § 118b, paragraph. 1, the words "in disputes raised by the bankruptcy and
compensation ' shall be replaced by the words "in the incidental disputes within
insolvency proceedings ^ 53 c). "
9. In section 235a paragraph. 1, the words "paragraph. 2 and 3 ' shall be replaced by the words ' paragraph 4 '. 2 to
4. "
10. In section 238a, paragraph. 1, letter a) is added:
") in the insolvency proceedings ^ 53 c)."
11. In paragraph § 260b. 2 letter a) is added:
"and if) insolvency proceedings, in which he addresses the decline or threatened
the decline of the compulsory ^ 53 c) and for the duration of the effects of the moratorium on the property
the compulsory ".
12. In section paragraph 260b. 2, points (b) and (c))) shall be deleted.
Existing subparagraph (d)) shall become point (b)).
13. In section 338i paragraph. 1 the words "liquidators" shall be replaced by
the words "insolvency administrators".
14. the footnote No. 94:
' 94) § 21 of Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended by Act No. 296/2007 Sb. ".
15. In section 338i paragraph. 2 the words "liquidators" shall be replaced by
the words "insolvency administrators".
PART SIX
cancelled
Article. (VI)
cancelled
PART SEVEN
Amendment of the Act on the protection and use of the mineral wealth (the top Act)
Article. (VII)
Act No. 44/1988 Coll., on the protection and use of the mineral wealth (the top
Act), as amended by Act No. 541/1991 Coll., Act No. 10/1993 Coll., Act
No 168/1993 Coll., Act No. 132/2000 Coll., Act No. 258/2000 Coll., Act
No 366/2000 Coll., Act No. 311/2001 Coll., Act No. 61/2002 Coll., Act
No. 320/2002 Coll., Act No. 150/2003 Coll., Act No. 3/2005 Coll., Act
No 386/2005 Coll., Act No. 186/2006 Coll. and Act No. 313/2006 Coll.,
amended as follows:
1. In § 37a paragraph. 2 the words "bankruptcy led to the assets of the debtor,
where appropriate, the subject of settlement "shall be replaced by the words" included in the property
nature ".
2. footnote No. 20b:
"20b) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. § 37a paragraph. 6, the words "bankruptcy" is replaced by
"the estate".
PART EIGHT
The amendment to the law on mining activities, explosives and the State Mining Administration
Article. (VIII)
In § 33 paragraph. 3 of Act No. 61/1988 Coll. on mining activities, explosives
and on the State Mining Administration, as amended by Act No. 311/2001 Coll., the words
"liquidator" shall be replaced by the words "insolvency administrator".
Article. (IX)
The transitional provisions of the
In the case of proceedings under Act No. 328/1991 Coll., on bankruptcy and settlement,
in the wording of later regulations, been neskončeného to the date of acquisition
the effectiveness of this law, the obligation provided for in § 33 paragraph. 3 apply
on the receiver.
PART NINE
cancelled
Article. X
cancelled
Article. XI
cancelled
PART TEN
Amendment of the Act on Association in political parties and in the political
movements
Article. XII
Act No. 424/1991 Coll. on Association in political parties and in
political movements as amended by Act No. 468/1991 Coll., Act No. 68/1993
Coll., Act No. 189/1993 Coll., Act No. 117/1994 Coll., ruling
the Court declared under no 296/1995 Coll., Act No. 322/1996 Coll., Act
No 340/2000 Coll., the finding of the Constitutional Court declared under no. 98/2001 Coll.
Act No. 104/2001 Coll., Act No. 170/2001 Coll., Act No. 151/2002 Coll.
Act No. 501/2004 Coll., Act No. 552/2004 Coll. and Act No 342/2006
Coll., is hereby amended as follows:
1. In section 9 (2). 3 (f)):
"(f)) the initiation of insolvency proceedings, the bankruptcy decision, decision
How to troubleshoot a bankruptcy decision, in which the insolvency proceedings to an end,
name, last name (business name) and address of the insolvency administrator. ".
2. In section 12, paragraph. 4, the words "to propose a declaration of bankruptcy," shall be replaced by
the words "submit a proposal of insolvency".
PART ELEVEN
The amendment to the law on trades (Trade Act)
Article. XIII
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., the Act No. 136/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No.
15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No.
358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll. No.
247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.
309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.
320/2002 Coll., the finding of the Constitutional Court declared under no. 476/2002 Sb.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., the Act No. 167/2004 Coll., Act No. 257/2004 Coll.
Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,
Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.,
Act No 215/2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll.
Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Law No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll.
Act No. 310/2006 Coll. and Act No. 315/2006 Coll., is hereby amended as follows:
1. section 8 including title and footnote No. 26:
"section 8
Obstacles to the operation of the business
(1) the Business cannot operate any natural or legal person on whose
the property was declared bankrupt, the date
and the sale of a business, the only Treaty) in the context of the liquidation of the estate
nature at the time of the time limit under special legislation ^ 26),
(b) the entry into force of the decision), in which the Court terminated the operation of
the enterprise or from the date specified in this decision as the day of their
the operation of the undertaking.
(2) the Business cannot operate a natural or legal person, and that after
period of 3 years from the decision on the revocation of bankruptcy after meeting
rozvrhového resolution or because the debtor's property is completely
insufficient. If the audition is cancelled for any other reason, obstacle
operation of the business referred to in paragraph 1, there is no legal power of decision
about the cancellation of the bankruptcy. Locally, the competent authority may waive the trade
an obstacle referred to in the first sentence, if the debtor demonstrates that
are fulfilled for the proper fulfilment of the obligations in the business and
for the proper implementation of the financial commitments.
(3) if the Court in the insolvency proceedings ordered interim measures,
in which a natural or legal person, whose decline threatened bankruptcy
This procedure fixes, in dealing with material nature, may
such a person do acts related with the creation, modification or deletion
business only with the written approval of the preliminary
the insolvency administrator.
(4) in the course of insolvency proceedings may be natural or legal person,
on whose property was declared bankrupt, do tasks related to the
the emergence of, changing or clearing the trades only with written permission
the consent of the insolvency administrator.
(5) a natural person, which was by the Court or administrative authority to ban saved
activities relating to the operation of the craft in the field or a related field
(section 22 (4)), not for the duration of the ban to run this business.
26) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 13 (3). 1 (a). (c)), the word "or" after the word "trade,"
repealed.
3. In section 13 (3). 1, letter c) the following new subparagraph (d)), which read:
"(d) the insolvency administrator appointed by the Court) according to a special legal
Code ^ 26); until the termination of the insolvency proceedings, or ".
Letter d) is renumbered as paragraph (e)).
4. In section 13 (3). 2 and 4, the words "(b)) to (d))" shall be replaced by ' b), (c)) and
(e)) ".
5. In section 13 (3). 2, after the words "heritage", the words "or
insolvency administrator ".
6. In section 13 (3). 3, after the words "(a). ) and ", the words" or
insolvency administrator pursuant to paragraph 1 (b). (d)) ".
7. In article 57, paragraph. 1 (a). and), the word "or" is replaced by a comma and the words
"heritage" shall be inserted the words "or of the insolvency administrator".
8. In section 60, paragraph. 2 letter to):
"to) the bankruptcy decision, the decision to cancel the bankruptcy decision
How to troubleshoot a bankruptcy and the decision on the cancellation of the bankruptcy ".
9. In section 60, paragraph. 3 the words "Declaration of bankruptcy and the cancellation of" shall be replaced by
the words "decision about bankruptcy, the decision to cancel the bankruptcy decision
How to troubleshoot a bankruptcy and the decision on the revocation of bankruptcy ".
Article. XIV
The transitional provisions of the
In the case of proceedings under Act No. 328/1991 Coll., on bankruptcy and settlement,
in the wording of later regulations, been neskončeného to the date of acquisition
the effectiveness of this law, the provisions of § 13, amended by the effective date of
the entry into force of this Act also apply to the bankruptcy administrator
nature; If the receiver goes in the trades in
the death of a businessman, it shall apply the provisions of § 57, as amended by the effective date of
the entry into force of this law.
PART OF THE TWELFTH
cancelled
Article. XV
cancelled
PART THIRTEEN
The amendment to the law on court fees
Article. XVI
Act No. 549/1991 Coll. on court fees, as amended by Act No.
271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.
209/1997 Coll., Act No. 227/1997 Coll., Act No. 103/2000 Coll., Act No.
155/2000 Coll., Act No. 241/2000 Coll., Act No. 255/2000 Coll., Act No.
451/2001 Coll., Act No. 151/2002 Coll., Act No. 309/2002 Coll., Act No.
192/2003 Coll., Act No. 555/2004 Coll., Act No. 628/2004 Coll., Act No.
357/2005 Coll., Act No. 72/2006 Coll., Act No. 112/2006 Coll., Act No.
115/2006 Coll., Act No. 159/2006 Coll. and Act No. 189/2006 Coll., amended
as follows:
1. In section 2 (2). 1 (c)) shall be deleted.
Existing subparagraph (d)) to (f)) are renumbered as paragraphs (c) to (e)).)
2. In section 11 (1). 1 (a). I), the words "that is in bankruptcy," shall be replaced by
the words "whose bankruptcy or imminent decline are addressed in the insolvency proceedings,
which have already been issued the bankruptcy decision ".
3. In section 11 (1). 1 the letter j) is added:
"j") in which the debtor's bankruptcy or impending addresses bankruptcy (insolvency
Management), with the exception of incidental disputes ".
4. In section 11 (1). 2 (a). r), the words "the receiver"
replaced by the words "insolvency administrator" and the words "bankruptcy"
the words "property belonging to" shall be replaced by the words "the estate".
5. In section 11 (1). 4 the comma after the word "decision" shall be replaced by the word "and"
and the words "self-determination" shall be deleted.
6. In item 1 and 2 of the annex, the Tariff of fees, in the notes to the
items 1 and 2 shall be inserted after point 3 a new point 4 is added:
"4. The proposal on initiating the procedure for the determination of ownership to other things,
selects the fee referred to in item 2 (b). (c)), and only one, without
the sight of this, how many things are required of destination concerned. For the proposal to
the initiation of the sale of the collateral, if the other things or on the exclusion of
other things, it shall apply mutatis mutandis. ";"
Points 4 to 6 Notes to items 1 and 2 are renumbered 5
up to 7.
7. Under item 3 of the annex, the scale of fees, the Note shall be deleted.
8. Under item 8 of the annex, the scale of fees, the following point is in the notes
3, which reads as follows:
"3. the fee referred to in this item is not selected for the proceedings
commercial register initiated on proposal for a contributory organization established
local government total. ".
9. item 9 of the annex, schedule of fees, as follows:
"Item 9
A proposal for a moratorium of CZK 50 0.0 ".
10. item 10 přílohyy, the scale of fees, including:
"Item 10
For proceedings
in incidental sporech1 0.0 CZK
Notes:
1. the fee referred to in this item is selected for proposal only once.
2. Under this item, the fee also for the proposal on the exclusion of things,
rights or other assets of the estate in the incidental
disputes. ".
11. In item 17 of the annex, the scale of fees in point 6 of the Notes for the
the words "mutual co-ownership,", the words "in incidenčním
the dispute ".
12. Under item 17 of the annex, the scale of fees for point 6 Notes
the following point 7 is added:
"7. If an appeal is lodged against one of the decision the Court of first
degree, the fee referred to in subparagraph (e)) this item only
once. ".
Point 7 of the notes is referred to as point 8.
13. Under item 18 of the annex, the Tariff of fees, in point 2 of the notes for the
the words "in the money", the words "and which does not exceed the amount of 100 000
CZK ".
14. Under item 18 of the annex, the Tariff of fees, in paragraph 4 of the notes for the
the words "mutual co-ownership,", the words "in incidenčním
the dispute ".
15. Under item 18 of the annex, the Tariff of fees, for the point 4 Notes
the following point 5 is added:
"5. where an appeal is lodged against a decision of the appeal court,
selects the fee referred to in subparagraph (b)) this item only once. ".
Point 5 of the notes is referred to as point 6.
Article. XVII
The transitional provisions of the
In proceedings commenced before the effective date of this Act shall be collected
the fees payable under the existing legislation, even if they become
payable after the effectiveness of the Act. The fees for the appeal or
appeal served after the entry into force of this law shall be selected according to the
of this law.
PART OF THE FOURTEENTH
Amendment of the Act on general health insurance company in the Czech Republic
Article. XVIII
In section 3 of the Act No. 551/1991 Coll., on the Czech General health insurance company
Republic, as amended by Act No. 220/2000 Coll. and Act No 455/2003 Coll.,
second sentence, including a reference to footnote No. 1 and comments below
footnote No. 1 repealed.
PART FIFTEEN
Amendment of the Act on accounting
Article. XIX
Act No. 563/1991 Coll., on accounting, as amended by law No 117/1994 Coll.
Act No. 227/1997 Coll., Act No. 492/2000 Coll., Act No. 353/2001 Coll.
law no 575/2002 Coll., Act No. 437/2003 Coll., Act No. 257/2004 Coll.
Act No. 669/2004 Coll., Act No. 179/2005 Coll., Act No. 495/2005 Coll.
Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 230/2006 Coll.
Act No. 264/2006 Coll., Act No. 69/2007 Coll. and Act No. 261/2007 Coll.
is amended as follows:
1. In section 17(2). 1 letters e) to (j)):
"(e) the date on which) occur, the effects of the bankruptcy decision or to which
effects occur court decision on conversion of reorganization in bankruptcy,
(f) the date of the next) after the date on which occurs the effects of cancellation
bankruptcy,
(g) the date on which) occur, the effects of the approval of the reorganisation plan
(h) the date of the next) after the date on which occurs the effects of compliance with
the reorganisation plan
even after the date of the next) the date by which the effects occur with the plan
debt relief, or
(j)) at the date of the opening balance sheet for the Assembly lays down special
legislation. ".
2. In section 17(2). 1, letter k) repealed.
3. In section 17(2). 2 the letters e) to (j)):
"e) to the date preceding the date on which occurs the effects of the decision on the
bankruptcy or to which effects occur on the conversion of the Court's decision
a reorganization in bankruptcy,
(f) the date on which) occur, the effects of the annulment of the bankruptcy
(g)) to the date preceding the date on which occurs the effects of approval
the reorganisation plan
(h) the date on which) occur, the effects of compliance with reorganisation plan
(I) the date on which) occur with the plan, the effects of debt relief, or
(j)) at the date to which the lays down the obligation to take out books or
prepare the financial statements of the special legislation. ".
4. In section 17(2). 2 letter to) be deleted.
5. In article 17, the following paragraph 5 is added:
"(5) if the legislation provides for the obligation to draw up the business unit
regular or extraordinary financial statements and interim financial
accounts, interim financial statements, does not draw up. ".
6. In section 20 (2). Part 1 introductory provisions read as follows: "If this law
otherwise, the regular or extraordinary financial statements are required to be
ověřenu auditor such accounting units ".
7. In paragraph 2 of section 20 reads as follows:
"(2) the entity referred to in paragraph 1 shall not be required to have an auditor
certified financial statements
and compiled in the course of bankruptcy), and for a period of 24 consecutive
36 consecutive calendar months, starting from the first day of the calendar
of the month following the date on which the effects of the bankruptcy occurred,
If the auditor authentication Committee decides otherwise, the creditor
(b)) on the day preceding the date of the assembled, which effects occur
approval of the reorganization plan, if its verification auditor
unless the creditor committee,
(c)) If cancelled due to bankruptcy, the debtor's property that is for
satisfaction of the creditors completely inadequate,
(d)) if so provided by the special legislation. ".
8. In article 20, paragraph 3 is deleted.
9. In section 29. 1 the second sentence, the words "and for the purpose of submission of the proposal on
the settlement "shall be deleted.
10. In section 31, paragraph. 3 (b). and), the words "the receiver"
replaced by the words "insolvency administrator".
11. In section 31, paragraph. 3 (b). (b)) (a) after the words ". (d)) ", the words" to
(h)) ".
Article. XX
The transitional provisions of the
The bankruptcy proceedings initiated pursuant to Act No. 328/1991 Coll., on bankruptcy and
application, as amended, shall apply the provisions of the Act
No. 563/1991 Coll., on accounting, as amended by the effective prior to the date
the effectiveness of this Act.
PART SIXTEEN
The amendment to the law on the Organization and implementation of social security
Article. XXI
In section 14, paragraph. 3 (b). and Act No. 582)/1991 Coll., on the organisation and
the implementation of social security, as amended by Act No. 241/1994 Coll.
Act No. 151/2002 Coll., the words "or if the control authorities of the
bankruptcy and settlement of the payer of social security and
contribution to the State employment policy "shall be replaced by the words"; These
the information shall, on request also other social security body,
If it is a participant in the insolvency proceedings, in which he addresses the decline or
the impending decline of the payer of social security and a contribution to
State employment policy, or the Court that the proceedings or
in this proceeding, the appointed insolvency administrators ".
PART SEVENTEEN:
Amendment of the Act on banks
Article. XXII
Act No. 21/1992 Coll., on banks, as amended by Act No 264/1992 Coll.,
Act No. 292/1993 Coll., Act No. 156/1994 Coll., Act No. 83/1995 Coll.,
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.,
Act No. 16/1998 Coll., Act No. 127/1998 Coll., Act No. 165/1998 Coll.
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 319/2001 Coll.
Act No. 126/2002 Coll., Act No. 453/2003 Coll., Act No. 257/2004 Coll.
Law No 439/2004 Coll., Act No. 377/2005 Coll., Act No. 413/2005 Coll.
Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll.
Act No. 70/2006 Coll., no 159/2006 Coll., Act No. 189/2006 Coll. and act
No. 261/2007 Coll., is hereby amended as follows:
1. In section 25a, paragraph. 4 (b). and), the word "bankruptcy" is replaced by
"bankruptcy".
2. In the second subparagraph of section 38f. 2 the words "bankruptcy" is replaced by "on the
making the decision about bankruptcy and bankruptcy ".
3. In section 41a of paragraph 1. 4, the word "bankruptcy" is replaced by
"insolvency".
4. In section 41 d of paragraph 1. 3 the words "insolvency administrator" shall be replaced by
the words "insolvency administrator".
PART EIGHTEEN
Amendment of the Act on commodity exchanges
Article. XXIII
In section 22, paragraph. 1 of the Act No. 229/1992 Coll., on the commodity exchanges, the letter
(b)) including footnote 4 is added:
"(b)) of the person to whose property has been declared bankrupt, or the Court of bankruptcy
cancelled otherwise than by a resolution on the abolition of bankruptcy after meeting rozvrhového
resolution or resolution on rejection of the application for a declaration of bankruptcy
Therefore, the property of the debtor is totally inadequate, or the Court rejected
said, therefore, that the debtor's assets will not be sufficient to cover the
the costs of the insolvency proceedings, and for a period of two years after the end of
insolvency proceedings ^ 4),
4) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended. ".
PART OF THE NINETEENTH
cancelled
Article. XXIV
cancelled
Article. XXV
cancelled
PART TWENTY-
The amendment to the law on departmental, sectoral, Enterprise and other health
insurance companies
Article. XXVI
In § 6a of paragraph 1. 4 Act No. 280/1992 Coll., on the departmental, branch,
corporate and other health insurance companies, in the wording of Act No.
149/1996 Coll., the words "application for a declaration of bankruptcy," shall be replaced by the words
"insolvency".
PART OF THE TWENTY-FIRST
cancelled
Article. XXVII
cancelled
Article. XXVIII
cancelled
PART TWENTY-TWO
Amendment of the Act on tax on real estate
Article. XXIX
In section 13a, paragraph. 3 of Act No. 338/1992 Coll., on the estate tax, as amended by
Act No. 242/1994 Coll. and Act No. 576/2002 Coll., the words "on whose
the property was declared bankrupt under special legislation "
replaced by the words "whose bankruptcy or bankruptcy is looming
insolvency proceedings ^ 19) ".
Footnote 19 is added:
"19) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
Article. XXX
The transitional provisions of the
If, before the date of effectiveness of this law instituted by
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
legislation, and it was not until the date of entry into force of this Act, been
completed, proceed to the submission of the tax return in accordance with the provisions of the
section 13a, paragraph. 3 of Act No. 338/1992 Coll., on the estate tax, as amended by
valid until the date of entry into force of this Act.
PART TWENTY-THREE
cancelled
Article. XXXI
cancelled
Article. XXXII
cancelled
PART OF THE TWENTY-FOURTH
The amendment of the law on notaries public and their activities (notarial regulations)
Article. XXXIII
In section 3 of the law No 358/1992 Coll., on notaries public and their activities (notarial
regulations), as amended by Act No. 30/2000 Coll., the following paragraph 3 is added:
"(3) a notary may also perform the function of the insolvency administrator, the preliminary
the insolvency administrator, representative of the insolvency administrator, separate
the insolvency administrator and the special insolvency administrator in insolvency
control. ".
PART OF THE TWENTY-FIFTH
Amendment of the Act on income taxes
Article. XXXIV
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., the Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999
Coll., Act No. 222/1999 Coll., the finding of the Constitutional Court declared under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 103/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 241/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 453/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.
362/2003 Coll., Act No. 438/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 257/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.
436/2004 Coll., Act No. 562/2004 Coll., Act No. 628/2004 Coll., Act No.
669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 342/2005 Coll., Act No. 357/2005 Coll., Act No.
441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.
552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.
245/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll. and act
No. 261/2007 Coll., is hereby amended as follows:
1. In section 4, paragraph 4. 1 x) including footnote No. 19a is inserted:
"x) revenue arising from the depreciation of the commitments in the reorganization or
debt relief, carried out under a special legal regulation ^ 19a)
19a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 4, paragraph 4. 1 (a). Zn), the words "in two tax periods
following immediately after the period "shall be replaced by" in the
one period immediately following the taxation
period ", the word" bankrupt "shall be replaced by the word" borrower "and the words" in the
"shall be replaced by the words" in it ".
3. In article 7 (2). 2 (d)):
"d) revenue of the insolvency administrator, including income from activities
the preliminary insolvency administrator, representative of the insolvency administrator,
a separate insolvency administrator and special trustee,
not even a special 150th business legal
^ Regulation 19a). ".
4. In section 19, paragraph. 1 (a). (h)), the words "the settlement or when forced
the settlement, ^ 19a) "shall be replaced by the words" debt relief or reorganization made
under special legislation ^ 19a) ".
5. In section 19, paragraph. 1 letter zo) is added:
"zo), pursuant to section 18 of the income accruing to the debtor in the taxation period, in
which it was decided to permit reorganization under the Special
^ 19a) legislation, and at one period the following
immediately after the period in which it was decided to
enabling the reorganization, if it has not been to the end of the reorganization. ".
6. In section 24, paragraph. 2 (a). y) points 1 and 2, including the footnotes no 26i
added:
"1. where the Court has cancelled the audition ^ 26i) because of the debtor's assets is
completely inadequate, and the claim has been recorded for the taxpayer
the insolvency court and should be settled from the estate,
2. who is bankrupt or whose decline threatens ^ based on 26i) results
insolvency proceedings,
26i) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
7. In section 26, paragraph. 7 (b). and (3)) for the words "bankruptcy"
the words "permit or the approval of the reorganization plan
debt relief ".
8. In section 26, paragraph. 7 (b). (c)), the words "which was declared bankrupt"
replaced by the words "that is in bankruptcy or to whom the decline of risk".
9. In section 26, paragraph. 7 (b). (d)), the words "paragraph. 3 "shall be replaced by the words ' paragraph 4 '.
2. "
10. In section 35a, paragraph. 2 (a). (b)), the word "bankruptcy" is replaced by
"securities".
11. In section 35a, paragraph. 2 (a). (b)), after the words "special legislation"
the following link on footnote No. 19a.
12. In section 35a, paragraph. 2 (a). (c)), the word "bankruptcy" is replaced by
"insolvency".
13. section 38gb including title and footnote No. 41 d:
"§ 38gb
Tax return in insolvency proceedings
(1) the taxpayer referred to in § 2 in the decision about how to deal with its
the decline, at the presentation of the final report, when filing the application for revocation
bankruptcy, bankruptcy or cancellation when the different method of solution
the decline of the ^ 19a) tax return, according to a special legal
^ Regulation 41 d), in which apply nezdanitelnou part of the tax base,
the items deductible from the tax base, the tax rebate or tax
advantage. In the determination of the tax base for the last portion of the tax
the period is based on the difference between revenues (revenues) and outlays (expenses).
Similarly in the transition of the permission to dispose of the assets of the
belonging to the estate, according to a special legal
^ Regulation 19a).
(2) after the end of the reporting period in which the decision on
How to troubleshoot a bankruptcy, to the submission of the final report, to submit a proposal on the
Cancel to cancel the bankruptcy, insolvency or to meet any other way
the bankruptcy solution ^ 19a), the taxpayer submits a tax declaration ^ 41 d) for the entire
the tax period. If it satisfies the conditions laid down, it shall indicate in the return
nezdanitelnou part of the tax base, the items deductible from the tax base,
tax rebate and tax benefits.
(3) after the expiry of the tax period in which the decision on
How to troubleshoot a bankruptcy and at the same time for the submission of final reports, to submit
the proposal to cancel the bankruptcy, to cancel the bankruptcy or to meet other
How to troubleshoot a bankruptcy ^), the taxpayer shall submit 19a tax return ^ 41 d) for the entire
the tax period. If it satisfies the conditions laid down, it shall indicate in the return
nezdanitelnou part of the tax base, the items deductible from the tax base,
tax rebate and tax benefits. If the presentation of the final
the report, to submit a proposal for the cancellation of the bankruptcy, the bankruptcy or cancellation
to meet the different method of resolving insolvency ^ 19a) on the last day of the
of the reporting period, the taxpayer a tax return for the whole of the tax
the period that meets the conditions laid down, it shall indicate in the return
nezdanitelnou part of the tax base, the items deductible from the tax base,
tax rebate and tax benefits. Similarly in the transition
permission to dispose of property belonging to the estate by the
special legal regulation ^ 19a).
(4) the tax liability arising on the basis of the tax return referred to in
paragraph 1 shall be considered as an advance on the tax after the assessment of the tax obligations
According to the tax return filed pursuant to paragraphs 2 and 3.
(5) in the taxable periods following the taxable period, in
which it was decided about how to resolve the decline and at the same time not
submitted the final report was not filed for annulment of the bankruptcy, not
cancelled the audition or not fulfilled another way to address the decline of the ^ 19a), served
the taxpayer tax return for each tax period. If it satisfies the
the conditions laid down in the Declaration, the nezdanitelnou part of the tax base,
the items deductible from the tax base, tax rebate and tax benefits.
41 d) section 40 and 40b of Act No. 337/1992 Coll., on administration of taxes and fees, in the
amended. ".
14. the footnote No. 41 c is deleted.
15. In section 38 m, paragraph 2 shall be deleted.
Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.
16. the footnote No. 102 is repealed.
17. In paragraph 38 m. 2 (a). (c)), the word "precedes" shall be replaced by
"previous".
18. In paragraph 38 m. 4 of the introductory part of the provisions of the number "3" is replaced by
the number "2".
19. In paragraph 38 m. 7 (c)):
"(c)) of the company or the company being divided ceases or cooperative for
the period from the vesting day conversion of ^ 70) to the date of the registration of the conversion in the 70 ^ ^)
commercial register. ".
Article. XXXV
Transitional provisions
1. If, before the effective date of this Act, the procedure referred to in
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
legislation, and it was not until the date of entry into force of this Act, been
completed, it shall apply for income tax related to this proceeding
the provisions of Act No. 586/1992 Coll., on income taxes, as applicable
into force of this Act.
2. The interest on credits and loans arising from the agreements concluded before 1 January 2002.
in January 2008, which were not after 31 December 2006. December 2007 negotiated additions
amending the amount of the loans or credit or the amount paid by the
interest, for the tax period or the period for which the tax is served
the award, launched in 2008 and 2009 to apply the provisions of § 25 paragraph. 1
(a). w) Act No. 586/1992 Coll., as amended effective until 31 December 2006. December 2007.
For the tax period or the period for which a tax return is served,
that began in 2010 and later, shall apply the provisions of § 25 paragraph.
1 (a). w) Act No. 586/1992 Coll., as amended effective from the 1. January 2008,
all financial expenses (costs) arising from any contracts, including
their additions.
PART TWENTY-SIX
The amendment to the law on social security and a contribution to the State
employment policy
Article. XXXVI
Act No. 589/1992 Coll., on social security and the contribution of the
the State employment policy, Act No. 10/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994 Coll., Act No.
241/1994 Coll., Act No. 59/1995 Coll., Act No. 118/1995 Coll., Act No.
149/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997 Coll., Act No.
134/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll., Act No.
220/2000 Coll., Act No. 238/2000 Coll., Act No. 492/2000 Coll., Act No.
353/2001 Coll., Act No. 263/2002 Coll., Act No. 309/2002 Coll., Act No.
424/2003 Coll., Act No. 425/2003 Coll., Act No. 437/2003 Coll., Act No.
186/2004 Coll., Act No. 281/2004 Coll., Act No. 359/2004 Coll., Act No.
436/2004 Coll., the Act No. 168/2005 Coll., Act No. 253/2005 Coll., Act No.
361/2005 Coll., Act No. 377/2005 Coll., Act No. 62/2006 Coll., Act No.
189/2006 Coll., Act No. 264/2006 Coll., Act No. 585/2006 Coll., Act No.
153/2007 Coll., Act No. 181/2007 Coll. and Act No. 261/2007 Coll., amended
as follows:
1. In section 20 (2). 3 the third sentence, the words "from the Declaration of bankruptcy proceedings
or composition proceedings on its assets in accordance with a special law ^ 45) or
from the date of final order of the Court, which rejected the proposal on the
Declaration of bankruptcy proceedings for lack of assets insurance payer "
replaced by the words "after the date of issue of the decision on the Declaration of bankruptcy of the
property insurance payer or the bankruptcy decision payer insurance ".
Footnote No. 45 is repealed.
2. In section 20 (2). 5, letter e) including footnote No. 45 is added: "(e))
for the period from the date of issue of the decision on the Declaration of bankruptcy, the assets
the payer of insurance until the date of final order of the Court, which is bankrupt
cancels ^ 45),
45) Law No 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. In section 20 (2). 5 the letter g) is added:
"(g)) for the period from the final order of the Court, which was rejected
said, therefore, that the assets of the Bill the insurance is not sufficient to
cover the costs of the insolvency proceedings, or which was cancelled after bankruptcy
findings of the Court that the assets of the Bill is totally inadequate for the
satisfaction of the creditors. ".
4. In article 20a, paragraph. 1, the second sentence shall be replaced by the phrase "the payment of the debtor
Premium and penalty in installments cannot be enabled if the
liquidation or if insolvency proceedings, which have already been
decision on bankruptcy insurance payer; This fact is
the premium payer, which asks for authorization in writing, payments shall be obliged to
notify the appropriate District Social Security Administration within 8 days from the date of
date occurred. ".
5. In article 20a, paragraph. 6 (a). (b)), the words "is declared bankrupt or
self-determination and his assets, or if the resolution of the Court
rejected a proposal for a declaration of bankruptcy for lack of assets
payer insurance "shall be replaced by the words" where a decision about bankruptcy
payer insurance ".
PART TWENTY-SEVEN
cancelled
Article. XXXVII
cancelled
PART OF THE TWENTY-EIGHTH
The change law of insurance on health insurance
Article. XXXVIII
Act No. 592/1992 Coll., on premiums for general health insurance, in
amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 161/1993
Coll., Act No. 320/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994
Coll., Act No. 59/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997
Coll., Act No. 127/1998 Coll., Act No. 29/2000 Coll., Act No. 118/2000
Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Act No. 138/2001
Coll., Act No. 49/2002 Coll., Act No. 176/2002 Coll., Act No. 309/2002
Coll., Act No. 424/2003 Coll., Act No. 437/2003 Coll., Act No. 455/2003
Coll., Act No. 53/2004 Coll., Act No. 438/2004 Coll., Act No. 123/2005
Coll., Act No. 381/2005 Coll., Act No. 413/2005 Coll., Act No. 545/2005
Coll., Act No. 62/2006 Coll., Act No. 117/2006 Coll., Act No. 189/2006
Coll., Act No. 214/2006 Coll., Act No. 264/2006 Coll. and Act No.
261/2007 Coll., is hereby amended as follows:
1. In section 23, paragraph. 3 the words "bankruptcy or confirmed in
countervailing proceedings. ^ 39a) "shall be replaced by the words" insolvency proceedings referred to in
special legal regulation ^ 39a). ".
2. footnote No 39a is added:
"the 39a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. In section 23, paragraph. 6 (a). (b)), the words "bankruptcy"
replaced by the words "insolvency proceedings, in which he addresses the decline or threatened
the decline ".
4. footnote No. 41:
"for example, 41) Law No. 182/2006 Coll., Act No. 549/1991 Coll., on Court
fees, as subsequently amended, Act No. 21/1992 Coll., on the
banks, as amended. ".
PART OF THE TWENTY-NINTH
Amendment of the Act on provisions for the determination of the tax base from income
Article. XXXIX
Act No. 593/1992 Coll., on reserves for the determination of the tax base from income,
in the wording of Act No 157/1993 Coll., Act No. 323/1993 Coll., Act No.
244/1994 Coll., Act No. 132/1995 Coll., Act No. 211/1997 Coll., Act No.
333/1998 Coll., Act No. 363/1999 Coll., Act No. 492/2000 Coll., Act No.
126/2002 Coll., Act No. 260/2002 Coll., Act No. 176/2003 Coll., Act No.
438/2003 Coll., Act No. 669/2004 Coll., Act No. 377/2005 Coll., Act No.
545/2005 Coll., Act No. 223/2006 Coll. and Act No. 261/2007 Coll., amended
as follows:
1. In section 4, paragraph 4. 1 the third sentence, after the words "or to a date preceding the
day efficiency ", the words" decisions ".
2. In section 5a paragraph. 1 the words "during the bankruptcy" are replaced by "during the
insolvency proceedings at the time of the duration of the effects of the bankruptcy ".
3. In article 7 (2). 1 at the end of subparagraph (b) shall be replaced by a comma and dot)
the following point (c)), including footnotes, no 12b is inserted:
"(c)) are going through reorganization or phase according to a special legal
^ Regulation 12b) and the ownership of the tangible property for which
the reserve was formed, it was not the course of insolvency proceedings or
final termination of the insolvency proceedings.
12B) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
4. In article 7 (2). 3 (b). (d)), the words "in bankruptcy and settlement proceedings
management. ^ 23) "shall be replaced by the words" towards the lasting effects of the asset
bankruptcy under a special legal regulation, ^ 12b). ".
5. footnote No 23 is hereby repealed.
6. section 8 including title:
"section 8
Adjustments to receivables from debtors in insolvency proceedings
(1) adjustments to receivables from debtors in insolvency proceedings,
that are cost (expense) to achieve and maintain, ensuring
revenue of the ^ 1), can create income tax payers, who lead
accounts up to the balance sheet value of nepromlčených claims
registered at the Court within the time limit laid down by the decision of the Court of bankruptcy, and
in the period for which a tax return is served and in which they have been
declared. The reorganization has been enabled, instead of filing claims
It is sufficient that the debtor has a claim on the věřitelovu correctly stated in the list of its
obligations under a special legal regulation, ^ 12b). To receivables
logged in after the deadline laid down in the decision of the Court of bankruptcy, and to
Receivables excluded in § 2 (2). 2 cannot be adjustments,
that are cost (expense) to achieve and maintain, ensuring
^ 1) income under this provision.
(2) adjustments shall be cancelled following the results of the insolvency
the proceedings or in the event that a claim effectively denied the insolvency administrator
a creditor or debtor and special legal předpisš such persons the right to
deny the claim.
(3) If, as the reasons for the existence of provisions created
According to this provision, or on the basis of the decision of the taxpayer, it is possible to
cut created a corrective entry to a level that could be
created under the provisions of section 8a. The taxpayer then continues in the formation
adjustments pursuant to section 8a. ".
7. Footnotes No. 13 c, 13d and 13e: are deleted.
8. the footnote No. 13:
"13) administrative order.".
9. In section 10a of the paragraph. 6, the words "bankruptcy ^ 23)" shall be replaced by the words
"the estate of the taxpayer in the insolvency proceedings, ^ 12b)".
Article. XL
The transitional provisions of the
If, before the date of effectiveness of this law instituted by
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
legislation, and it was not until the date of entry into force of this Act, been
completed, it shall apply for income tax related to this proceeding
the provisions of Act No. 593/1992 Coll., on reserves for the detection of base
income tax, in the version applicable to the effectiveness of this Act.
PART THIRTY-
The change of the Customs Act
Article. XLI
In section 260l paragraph. 2 of Act No. 13/1993 Coll., the Customs Act, as amended by Act No.
1/2002 Coll., the letter c) is added:
"(c)) as soon as it finds that the insolvency proceedings in progress, in which he addresses the
bankruptcy or insolvency of one of the imminent joint and several
the borrowers and in which it has the right to satisfaction of security. ".
PART OF THE THIRTY-FIRST
Amendment of the Act on road tax
Article. XLII.
In section 15, paragraph. 1 of law No. 16/1993 Coll., on the road tax, as amended by law
No 302/1993 Coll., Act No. 143/1996 Coll. and Act No. 207/2002 Coll.,
the words "which is in insolvency proceedings" be replaced by "the decline or
the impending decline are addressed in the insolvency proceedings ".
Article. XLIII
The transitional provisions of the
If, before the date of effectiveness of this law instituted by
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
legislation, and it was not until the date of entry into force of this Act, been
completed, the road tax related to this proceeding
the provisions of section 15 of Act No. 16/1993 Coll., on the road tax, as amended by
as to the effectiveness of this Act.
PART OF THE THIRTY-SECOND
Changing the law on foreign trade with military material and
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, and Act No. 140/1961 Coll., the criminal code,
in the wording of later regulations
Article. XLIV
Act No. 38/1994 Coll., on foreign trade with military material and on the
additions to law No. 455/1991 Coll., on trades
(Trade Act), as amended, and Act No.
140/1961 Coll., the criminal code, as amended by later regulations, as amended by
Law No 310/2002 Coll., Act No. 357/2004 Coll. and Act No 413/2005
Coll., is hereby amended as follows:
1. In section 11 (1). 2 the words "bankruptcy, after confirming the settlement and forced
settlement or court decision on rejection of the application for a declaration of bankruptcy
for lack of assets "shall be replaced by the words" insolvency proceedings ".
2. In section 13 (3). 1 (b)):
"(b)) by decision of the bankruptcy legal persons".
PART OF THE THIRTY-THIRD
Amendment of the Act on supplementary pension insurance with State contribution and changes
Some laws related to the introduction of the
Article. XLV
In the Act No. 42/1994 Coll. on supplementary pension insurance with State contribution
and on amendments to certain acts related to its introduction, in the text of the
Act No. 61/1996 Coll., Act No. 15/1998 Coll., Act No. 167/1999 Coll.,
Act No. 353/2001 Coll., Act No. 309/2002 Coll., Act No. 36/2004 Coll.
Act No. 237/2004 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll.
Act No 444/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll. and Act No 342/2006 Coll., section 53 is deleted.
PART OF THE THIRTY-FOURTH
cancelled
Article. XLVI
cancelled
PART OF THE THIRTY-FIFTH
Amendment of the Act amending and supplementing Act No. 424/1991 Coll. on
of Association in political parties and political movements as amended by
amended, law No 99/1963 Coll., the code of civil procedure, in
as amended, supplementing Act No. 166/1993 Coll., on the highest
the inspection authority, as amended by law no 331/1993 Coll., and Act No. 328/1991
Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll., and amended
Act No. 563/1991 Coll., on accounting
Article. XLVII
In Act No 117/1994 Coll., amending and supplementing Act No. 424/1991
Coll. on Association in political parties and political movements, in
as amended, Act No. 99/1963 Coll., the code of civil procedure,
as amended, supplementing Act No. 166/1993 Coll., on the
The Supreme Audit Office, as amended by law no 331/1993 Coll. and Act No.
328/1991 Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll.
and amending Act No. 563/1991 Coll., on accounting, with article IV shall be deleted.
PART OF THE THIRTY-SIXTH
Amendment of the Act amending and supplementing Act No. 21/1992 Coll., on the
banks, as amended, supplementing Act No. 513/1991 Coll.,
the commercial code, as amended by later regulations, and Act No. 328/1991
Coll., on bankruptcy and settlement, as amended
Article. XLVIII
In Act No. 156/1994 Coll., amending and supplementing Act No. 21/1992
Coll., on banks, as amended, supplementing Act No.
513/1991 Coll., the commercial code, as amended by later regulations, and act
No 328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
Article III shall be deleted.
PART OF THE THIRTY-SEVENTH
cancelled
Article. XLIX
cancelled
PART OF THE THIRTY-EIGHTH
The amendment of the law on arbitration and the enforcement of arbitral awards
Article. (L)
In section 2 (2). 1 of Act No. 216/1994, Coll., on arbitration proceedings and enforcement of
arbitration awards, the words "the disputes caused by the implementation of bankruptcy or
the settlement "is replaced by" incidental disputes ".
PART OF THE THIRTY-NINTH
Amendment of the Act amending and supplementing Act No. 92/1991 Coll., on the
the conditions of the transfer of assets to other persons, as amended by Act No.
92/1992 Coll., Act No. 264/1992 Coll., Constitutional Act No. 541/1992 Coll.,
Act No 544/1992 Coll., Act No. 210/1993 Coll. and Act No. 306/1993
Coll., Act of the Czech National Council No. 171/1991 Coll., on the scope of the authorities
The Czech Republic, in cases of transfers of State assets to other persons and the Fund
the national property of the Czech Republic, as amended by the Act of the Czech National Council
No 285/1991 Coll., Act of the Czech National Council No. 438/1991 Coll., Act
The Czech National Council No. 569/1991 Coll., the Czech National Council Act No.
282/1992 Coll. and Act No. 210/1993 Coll. supplementing Act No. 328/1991 Coll.,
bankruptcy and settlement, as amended by Act No. 122/1993 Coll., Act No.
42/1994 Coll., Act No. 74/1994 Coll., Act No. 117/1994 Coll. and Act No.
156/1994 Coll., and Act No. 166/1993 Coll. on the Supreme Audit Office, in
the text of Act No. 331/1993 Coll. and Act No 117/1994 Coll.
Article. IF
Law No 224/1994 Coll., amending and supplementing Act No. 92/1991
Coll., on conditions for the transfer of State assets to other persons, as amended by law
No. 92/1992 Coll., Act No. 264/1992 Coll., Constitutional Act No. 541/1992
Coll., Act No. 5/1992 Coll., Act No. 210/1993 Coll. and Act No.
306/1993 Coll., Act of the Czech National Council No. 171/1991 Coll., on the scope of the
the authorities of the Czech Republic in matters relating to transfers of State assets to other persons and
the national property Fund of the Czech Republic, as amended by the law of the Czech
the National Council No 285/1991 Coll., Act of the Czech National Council No. 438/1991
Coll., Act of the Czech National Council No. 569/1991 Coll., Act of the Czech national
Council No. 282/1992 Coll. and Act No. 210/1993 Coll. supplementing Act No.
328/1991 Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll.
Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No. 117/1994 Coll.
Act No. 156/1994 Coll., and Act No. 166/1993 Coll. on the Supreme Audit
the Office, in the wording of Act No. 331/1993 Coll. and Act No 117/1994 Coll., in
the text of Act No. 179/2005 Coll., article III shall be deleted.
PART 40
The amendment to the Railway Act
Article. LII
Act No. 266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll.
Act No. 23/2000 Coll., Act No. 71/2000 Coll., Act No. 132/2000 Coll.
Act No. 77/2002 Coll., the finding of the Constitutional Court declared under no.
144/2002 Coll., Act No. 175/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 103/2004 Coll., Act No. 1/2005 Coll., Act No.
181/2006 Coll., Act No. 186/2006 Coll. and Act No. 191/2006 Coll., amended
as follows:
1. In section 27a, paragraph. 3 the words "to his property was declared bankrupt or
the proposal was rejected on the Declaration of bankruptcy on its property for
the lack of property "shall be replaced by the words" If the insolvency proceedings, in
which addresses its decline or impending insolvency, ".
2. footnote No. 6b added:
"6b) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART OF THE FORTY-FIRST
Amendment of the Act amending and supplementing law no 530/1990 Coll., on
bonds, in wording of later regulations, and Act No. 513/1991 Coll.,
the commercial code, as amended, Act No. 328/1991 Coll.,
bankruptcy and settlement, in the wording of later regulations, and Act No. 99/1963
Coll., the civil procedure code, as amended, and Act No.
21/1992 Coll., on banks, as amended
Article. LIII
In Act No. 84/1995 Coll., amending and supplementing law no 530/1990
Coll. on bonds, as amended, law No 513/1991
Coll., the commercial code, as amended, Act No. 328/1991
Coll., on bankruptcy and settlement, as amended, law No.
99/1963 Coll., the code of civil procedure, in the wording of later regulations, and act
No 21/1992 Coll., on banks, in wording of later regulations, as amended by
Act No. 257/2004 Coll., article III shall be deleted.
PART OF THE FORTY-SECOND
Amendment of the Act on savings and credit cooperatives and some
related measures and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended
Article. LIV
Act No 87/1995 Coll., on savings and credit cooperatives and some
related measures and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended by later regulations, in
the text of the Act No 100/2000 Coll., Act No. 406/2001 Coll., Act No.
212/2002 Coll., Act No. 257/2004 Coll., Act No. 280/2004 Coll., Act No.
377/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll. and Act No. 70/2006 Coll., is hereby amended as follows:
1. In section 2a paragraph. 7 (c)):
"(c)) in respect of which the assets of the bankruptcy decision has been issued,".
2. In section 2a paragraph. 7 (b). (d)), the words "application for a declaration of bankruptcy
brought against such legal person "shall be replaced by the words" insolvency
the proposal ".
3. In Article 2a, paragraph. 8 letter a) is added:
"and the Court)
1. annul the bankrupt otherwise than by a resolution on the abolition of bankruptcy after meeting
rozvrhového resolution or resolution on rejection of the application for a declaration of
bankruptcy because the debtor's assets is completely inadequate,
2. dismiss the bankruptcy proposal, therefore, that the debtor's assets will not be
sufficient to cover the costs of the insolvency proceedings ".
4. In section 5a paragraph. 4, the word "liquidator" shall be replaced by the words
"Insolvency administrator" and the words "Administrators" are replaced by
the words "insolvency administrator".
5. Footnote 5a is added:
"5a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
6. In section 22 paragraph 5 is added:
"(5) the Czech National Bank shall inform without delay the issue of a decision on
bankruptcy and bankruptcy on the assets of credit unions, the competent
the supervisory authority of the Member State of the European Union, in which the cooperative
Credit Union branch ^ 5a). The Czech National Bank seeks to coordinate their
activities with the supervisory authorities of all the Member States of the European Union, in which
has the Credit Union Office. ".
7. In section 25a, paragraph. 4 (b). and), the word "bankruptcy" is replaced by
"bankruptcy".
8. In section 27a, paragraph. 6 the word "liquidator" shall be replaced by
the words "Insolvency administrator".
9. In section 27 c of paragraph 1. 2 the word "liquidator" shall be replaced by
the words "insolvency administrator".
PART OF THE FORTY-THIRD
Amendment of the Act on pension insurance
Article. LV
In section 9 (2). 3 (b). e) Act No. 155/1995 Coll., on pension insurance,
as amended by Act No. 425/2003 Coll., Act No. 85/2004 Coll. and Act No.
189/2006 Coll., the words "the administrator in bankruptcy, including preliminary
the administrator, the administrator and the administrator of the special composition "shall be replaced by
"the insolvency administrator, or another administrator".
PART OF THE FORTY-FOURTH
cancelled
Article. LIONS
cancelled
PART OF THE FORTY-FIFTH
Amendment of the Act on the legal profession
Article. LVII
Act No. 85/1996 Coll., on the legal profession, as amended by law No. 210/1999 Coll.
Act No 120/2001 Coll., Act No. 6/2002 Coll., Act No. 228/2002 Sb.
the finding of the Constitutional Court declared under no. 349/2002 Coll., Act No.
192/2003 Coll., Act No. 235/2004 Coll., Act No. 284/2004 Coll., Act No.
555/2004 Coll., Act No. 205/2005 Coll., Act No. 79/2006 Coll. and Act No.
312/2006 Coll., is hereby amended as follows:
1. In section 7b, paragraph. 1 letters e) and (f)):
"e) to whom the bankrupt is deleted from the list of lawyers
on the date of the decision on the Declaration of bankruptcy,
(f)) who is a member of a legal person established for the exercise of advocacy (§
15), to which he has been declared bankrupt, it is deleted from the list of lawyers
on the date of the decision on the Declaration of bankruptcy ".
2. In article 8b, paragraph. 1 letters and) and (b)):
"and that was declared) against the bankrupt, is suspended the exercise of advocacy
on the day when the effects of the bankruptcy occurred,
(b)) which is a member of a legal person established for the exercise of advocacy (§
15), to which the bankrupt is paused power advocacy
on the day when the effects of the bankruptcy occurred, ".
3. In section 9 (2). 2 (c)):
"(c)) was to begin insolvency proceedings, in which he addresses the decline or
the impending bankruptcy lawyer, or legal entities established to pursue advocacy
(section 15), already is a member. ".
4. In section 15, at the end of paragraph 1, the following sentence "the only public business
a company may have registered the activity as an insolvency administrator
the subject business. ".
5. In article 56, paragraph 1, including footnotes, No 17:
"(1) the Lawyer is authorised to manage foreign assets, including the performance of the functions
the insolvency administrator under special legislation ^ 17).
17) section 36 to 40 of Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended by Act No. 296/2007 Sb. ".
6. § 56 paragraph. 2, the second sentence shall be replaced by the phrase "Attorney, however, does not
obligation of professional secrecy, pursuant to section 21 in respect of the facts on which the
in connection with the performance of the function of the insolvency administrator;
the provisions of the special legal regulation) o ^ 17b obligations of confidentiality
without prejudice to the insolvency administrator. ".
Footnote No. 17b is inserted:
"17b) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART XLVI
Amendment of the Act, which is amended and supplemented Act No. 328/1991 Coll., on the
bankruptcy and settlement, in the wording of later regulations, and Act No. 455/1991
Coll., on trades (Trade Act), as amended by
amended, law No 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 40/1964 Coll., the civil code, as amended by
amended
Article. LVIII
Law No 94/1996 Coll., which amends and supplements Act No. 328/1991
Coll., on bankruptcy and settlement, as amended, law No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, law No 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 40/1964 Coll., the civil code, as amended by
amended, articles I and VI shall be deleted.
PART OF THE FORTY-SEVENTH
The amendment to the law on the peaceful uses of nuclear energy and ionizing radiation
(Atomic Act) and amending and supplementing certain laws
Article. LIX
In § 17 paragraph. 1 of law No. 18/1997 Coll. on peaceful uses of nuclear
energy and ionizing radiation (the Atomic Act) and on the amendment and supplement
certain acts, in the wording of Act No 13/2002 Coll., the letter l) is added: "(l))
without undue delay, notify the authority of the initiation of the insolvency
proceedings, ".
PART OF THE FORTY-EIGHTH
Amendment of the Act on public health insurance and amending and supplementing
some related laws
Article. LX
In section 53a of the paragraph. 3 (b). (b)) of the Act No. 48/1997 Coll., on public health
insurance and amending and supplementing certain related laws, as amended by
Act No. 176/2002 Coll., the words "application for a declaration of bankruptcy"
replaced by the words "insolvency design ^ 47b)".
Footnote No. 47b:
"47b) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART XLIX
Amendment to the law on State Enterprise
Article. LXI
Law No. 77/1997 Coll., on the State of the enterprise, as amended by Act No. 30/2000
Coll., Act No. 220/2000 Coll., Act No. 103/2001 Coll., Act No. 77/2002
Coll., Act No. 202/2002 Coll. and Act No. 480/2003 Coll., is hereby amended as follows:
1. In section 6 (1). 5, the words "insolvency administrator" shall be replaced by the words
"insolvency administrator".
2. Footnote 7 is added:
"7) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART OF THE 50TH
The amendment to the law on foodstuffs and tobacco products
Article. XLI
In Act No. 110/1997 Coll. on foodstuffs and tobacco products and
change and the addition of some related laws, as amended by Act No.
166/1999 Coll., Act No. 121/2000 Coll., Act No. 306/2000 Coll., Act No.
146/2002 Coll., Act No. 131/2003 Coll., Act No. 274/2003 Coll., Act No.
94/2004 Coll., Act No. 316/2004 Coll., Act No. 558/2004 Coll., Act No.
392/2005 Coll., Act No. 444/2005 Coll. and Act No. 229/2006 Coll.,
footnote 3 is deleted, including the reference to the footnote.
THE FIRST PART OF THE 50TH
Amendment of the Act on the valuation of the assets and on the amendment of certain laws (the law on the
the valuation of assets)
Article. LXIII
In the Act No. 151/1997 Coll., on the valuation of assets and the change in some
laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.
Act No. 237/2004 Coll. and Act No 257/2004 Coll., part four, including
the title shall be deleted.
PART 52
cancelled
Article. LXIV ...
cancelled
PART 53
The amendment to the law on supervision in the field of capital market and amending and supplementing
other laws
Article. LXV
Law No. 15/1998 Coll., on surveillance in the capital market and amending and
supplement other laws, as amended by Act No. 30/2000 Coll., Act No.
362/2000 Coll., Act No. 370/2000 Coll., Act No. 308/2002 Coll., Act No.
257/2004 Coll., Act No. 626/2004 Coll., Act No. 381/2005 Coll., Act No.
56/2006 Coll., Act No. 57/2006 Coll., Act No. 70/2006 Coll., Act No.
224/2006 Coll. and Act No 342/2006 Coll., is hereby amended as follows:
1. In section 26, paragraph. 2 (a). (c)), point 1, the words "bankruptcy administrator
the essence, the preliminary administrator claims settlement administrator "shall be replaced by the words
"insolvency administrator".
2. In section 26, paragraph. 2 (a). (g)), the word "bankruptcy" is replaced by
"insolvency" and the word "bankrupt" by the word "borrower".
THE FOURTH PART OF THE 1950S
Amendment of the Act on higher education
Article. LXVI
Act No. 111/1998 Coll., on universities and amending and supplementing other
laws (the law on universities), as amended by law No. 210/2000 Coll.
Act No. 147/2001 Coll., Act No. 362/2003 Coll., the Act No. 96/2004 Coll.
Law No. 121/2004 Coll., Act No. 436/2004 Coll., Act No. 480/2004 Coll.,
Law No. 562/2004 Coll., Act No. 342/2005 Coll., Act No. 552/2005 Coll.
Act No. 161/2006 Coll., Act No. 165/2006 Coll. and Act No. 310/2006
Coll., is hereby amended as follows:
1. In section 42, paragraph. 1 (a). (f)), the words "publication or their bankruptcy
According to the general laws on bankruptcy and settlement, ^ 13) "shall be replaced by the words
"the Declaration or termination of bankruptcy under the provisions governing bankruptcy and
the ways of its solution ^ 13) ".
Footnote 13 is:
"13) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In § 101 paragraph. 6, the words "bankruptcy" is replaced by
"governing bankruptcy and ways of its solution."
PART OF THE FIFTY-FIFTH
Amendment of the Act on liability for damage caused by the operation of the
vehicles and amending certain related laws (the law on insurance
liability from the operation of the vehicle)
Article. LXVII
Act No. 168/1999 Coll., on liability insurance for damage caused by
the operation of the vehicle and on the amendment of certain related laws (the law on the
liability insurance of the vehicle), as amended by Act No. 307/1999
Coll., Act No. 56/2001 Coll., Act No. 320/2002 Coll., Act No. 47/2004
Coll., Act No. 377/2005 Coll. and Act No. 57/2006 Coll., is hereby amended as follows:
1. In section 24, paragraph. 3, the second sentence shall be replaced by the phrase "Claim Office
on the compensation for performance referred to in paragraph 2 (a). (b)), and (c)) shall be deemed to
the claim, which is under special legal regulation ^ 22 c) visor
as applied. ".
Footnote No 22 c is inserted:
"22 c) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 26, paragraph. 1 the last sentence, the words ", if this person is in
bankruptcy, the administrator in bankruptcy ' shall be deleted.
3. In section 26 to the end of paragraph 1, the following sentence "If the insolvency
the proceedings in which it is handled by the decline or the impending decline of the owner of the vehicle,
the owner of the vehicle shall perform the duties under this Act, after its
provisions of the insolvency administrator, if it passed permission
to dispose of the material nature of the owner of the vehicle. ".
PART LVI
cancelled
Article. LXVIII
cancelled
PART LVII
Amendment of the Act on public auctions
Article. LXIX
Law No. 26/2000 Coll., on public auctions, as amended by Act No 120/2001
Coll., Act No. 517/2002 Coll., Act No. 257/2004 Coll., the finding of the constitutional
the Court declared under no. 181/2005 Coll., Act No. 377/2005 Coll., Act
No 56/2006 Coll. and Act No. 315/2006 Coll., is hereby amended as follows:
1. In section 3, paragraph 2, including the footnote No 2:
"(2) the participants in the auction may not be the person that cannot be
ownership and rights to the auction items ^ 2), the person, on whose property was
declared bankrupt, or insolvent proposal on asset of such a person was
rejected because its assets are not sufficient to cover the costs
insolvency proceedings, and for a period of 3 years from the legal force of such
the decision; No one is allowed to bid for them.
2) Act No. 219/1995 Coll., the Foreign Exchange Act, as amended
regulations. ".
2. In section 17(2). 4, the word "liquidator" shall be replaced by the words
"insolvency administrator".
3. In section 18, paragraph. 3 the words "liquidator" shall be replaced by the words
"insolvency administrator".
4. In section 22, paragraph. 1 letter e) including footnote 14a is inserted:
"e) if insolvency proceedings are opened, or if the subject of the auction
included in the all or part of the estate, according to a special legal
^ Regulation 14a), if the applicant is not the insolvency administrator
14A) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
5. § 46 paragraph. 1 (f)):
"(f)) was to begin insolvency proceedings, in which he addresses the decline or
the impending insolvency of the owner, or if the subject of the auction or part
included in the estate under a special legal regulation ^ 14a),
If the applicant is not the insolvency administrator ".
PART OF THE FIFTY-EIGHTH
Change the law amending certain laws in connection with the adoption of the
the law on public auctions
Article. LXX
Law No 27/2000 Coll., amending certain laws in connection with the
the adoption of the law on public auctions, as amended by law no 499/2004 Coll.
a part of the tenth, including title.
PART OF THE FIFTY-NINTH
Amendment of the Act amending the Act No. 99/1963 Coll., the code of civil procedure,
in the wording of later regulations, and some other laws
Article. LXXI
In Act No. 30/2000 Coll., amending Act No. 99/1963 Coll., the civil
the court order, as amended, and some other laws, in
the text of Act No. 6/2002 Coll. and Act No 413/2005 Coll., part six
including the title.
PART OF THE SIXTIES
Amendment of the Act, amending Act No. 328/1991 Coll., on bankruptcy and
the settlement, in the wording of later regulations, and some other laws
Article. LXXII
In Act No 105/2000 Coll., amending Act No. 328/1991 Coll., on the
bankruptcy and settlement, in the wording of later regulations, and some of the other
laws, including title and the first part of the article. (VII) shall be deleted.
PART OF THE SIXTIES THE FIRST
Amendment of the Act on the protection of employees in the insolvency
the employer and on the amendment of certain laws
Article. LXXIII
Law No 118/2000 Coll., on the protection of employees in the insolvency
the employer and on the amendment to certain acts, as amended by law No. 436/2004
Coll. and Act No. 73/2006 Coll., is hereby amended as follows:
1. In article 3 (a). and (c))) and § 5 (3). 1 the words "proposal for a declaration of
bankruptcy "is replaced by" insolvency ".
2. Footnote 5 is added:
"5) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. In section 4, paragraph 4. 4, the words "not later than 5 working days from the communication of the
the court filing for bankruptcy "is replaced by
"immediately after the Court informed of the initiation of the insolvency
proceedings, ".
4. In section 4, paragraph 4. 5, the words "three months" shall be replaced by "1 month" and the words
"the proposal for bankruptcy refuses ^ 5 c) or reject,
^ 6) stops or cancels the bankruptcy, ^ 7) "shall be replaced by the words" decided on the
insolvency of the proposal other than the release of the bankruptcy decision ^ 5) ".
5. Footnote No. 5, 6 and 7 shall be deleted.
6. In section 5 (3). 2 and § 9 (2). 1 and 7, the words "application for declaration of
bankruptcy "is replaced by" insolvency ".
7. In section 7 (2). 1 the words "7 days" shall be replaced by the word "immediately" and
"the number 14" are replaced by the number "7".
8. In section 7 (2). 2 the words "bankruptcy" is replaced by
"the decision about bankruptcy" and the words "receiver ^ 10)"
replaced by the words "the insolvency administrator ^ 5)".
9. the footnote No. 10 shall be deleted.
10. In section 9 (2). 4, the words "application for a declaration of bankruptcy. ^ 11)"
replaced by the words "insolvency ^ 11).".
11. In section 11 (1). 2 the words "bankruptcy proceedings. ^ 14)" shall be replaced by the words
"insolvency proceedings" ^ 5). ".
12. the footnote No 14 is deleted.
13. In section 11 (1). 3, the second sentence shall be replaced by the sentence "it was granted
the decision of the bankruptcy of the employer, the Labour Office claims
individual employees in insolvency proceedings ^ 5). ".
14. the footnote No. 15 shall be deleted.
15. In article 12, paragraphs 1 and 2 shall be added:
"(1) unless otherwise provided, the employer shall cease
pay office work funds paid to employees under
This law, and the amount corresponding to the collisions and the contributions by the Office
the work done by specific legislation, to the extent in which these
the claims have not been met in the insolvency proceedings, the date of legal power
the resolution, which ends the insolvency proceedings.
(2) the employer is obliged to pay to the Office work of the funds
employees paid under this Act and the amount corresponding to the collisions
and contributions that Office work done by special legislation,
within 3 weeks of the entry into force of the decision, which the Court
and the design of insolvency) decided otherwise than by the issue of a decision on
the decline of the ^ 5)
,
(b)), decided that the debtor is insolvent,
(c)) has cancelled the audition for reasons other than after completion of the rozvrhového resolution
or, therefore, that the debtor's assets is completely insufficient. "
16. Footnote 16 to 18 shall be deleted.
THE SECOND PART OF THE SIXTIES
The amendment to the law on prospecting, exploration and exploitation of mineral resources from the
the seabed beyond the limits of the powers of the States and on the amendment of certain laws
Article. LXXIV
In § 17 paragraph. 2 of law No 158/2000 Coll., on prospecting, exploration and mining
mineral resources of the seabed beyond the limits of the powers of the States and amending
Some laws, the letter c) is added:
"(c)) of the bankruptcy decision, rejects the proposal because of the insolvency
the assets of the persons concerned is not sufficient to cover the costs of the insolvency
proceedings, ".
THE THIRD PART OF THE SIXTIES
Amendment of the Act on property in the Czech Republic and its performance in the legal
relations
Article. LXXV
Act No. 219/2000 Coll., on the Czech Republic and its performance in
legal relations, as amended by Act No. 492/2000 Coll., the Act No. 229/2001
Coll., Act No. 320/2001 Coll., Act No. 501/2001 Coll., Act No. 202/2002
Coll., Act No. 280/2002 Coll., the finding of the Constitutional Court declared under no.
476/2002 Coll., Act No. 88/2003 Coll., Act No. 356/2003 Coll., Act No.
480/2003 Coll., Act No. 41/2004 Coll., Act No. 218/2004 Coll., Act No.
217/2005 Coll., Act No. 359/2005 Coll., Act No. 22/2006 Coll., Act No.
140/2006 Coll. and Act No 342/2006 Coll., is hereby amended as follows:
1. section 33, including footnotes, no 56 is added:
"§ 33
On the relative satisfaction of the receivable can be accessed only within the
reorganization or debt relief ^ 56).
56) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 43, paragraph. 1 the words "bankruptcy or settlement" shall be replaced by the words
"insolvency proceedings".
3. In article 56, paragraph. 6, after the word "which" shall be inserted the word "all" and the words
"the bankruptcy or settlement" shall be replaced by the words "insolvency proceedings".
4. In section 60 c of paragraph 1. 1 the words "bankruptcy" is replaced by
"about whose assets insolvency proceedings is conducted".
Article. LXXVI
The transitional provisions of the
If it was before the date of entry into force of this Act, proceedings
According to Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, and not to the date of entry into force of this Act
been completed, it is possible in such proceedings to proceed on the relative
satisfaction of claims only in the framework of the settlement.
THE FOURTH PART OF THE SIXTIES
Amendment of the Act on economic measures for crisis States and amending
some related laws
Article. LXXV
In section 16. 4 of law No. 241/2000 Coll., on economic measures for
crisis States and amending certain related laws, (b)):
"(b)) is issued the decision of the Court of bankruptcy of the contractor
mobilization of the shipment or the Court rejects the insolvency proposal
Therefore, the vendor that the property will not be sufficient to supply the mobilisation
cover the costs of the insolvency proceedings ".
THE FIFTH PART OF THE SIXTIES
Amendment of the Act on Auditors and the amendment of the Act No. 165/1998 Coll.
Article. LXXVIII
Act No. 254/2000 Coll. on Auditors and on the amendment of Act No. 165/1998 Coll.
as amended by law no 209/2002 Coll., Act No. 169/2004 Coll., Act No.
284/2004 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll. and Act No.
70/2006 Coll., is hereby amended as follows:
1. In section 8 (2). 2 (a). (c)), the words "bankruptcy"
replaced by the words "insolvency proceedings".
2. In section 11 (1). 2 letter e) is added:
"e) to whom the bankrupt is deleted from the list of Auditors
or from a list of firms on the date of the decision
for a declaration of bankruptcy ".
3. In section 18, paragraph. 2 (a). (f)), the words "insolvency administrator"
replaced by the words "insolvency administrator".
4. In section 18, paragraph. 3 (b). (b)), the words "insolvency administrator,
claims settlement administrator "shall be replaced by the words" insolvency administrator ".
5. In section 18, paragraph. 4 (b). e), the words "insolvency administrator"
replaced by the words "insolvency administrator".
THE SIXTH PART OF THE SIXTIES
Amendment of the Act on the protection of public health and amendment to certain
related laws
Article. LXXIX
Act No. 258/2000 Coll., on the protection of public health and amendment to certain
related laws, as amended by Act No. 254/2001 Coll., Act No.
274/2001 Coll., Act No. 13/2002 Coll., Act No. 76/2002 Coll., Act No.
86/2002 Coll., Act No. 120/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 274/2003 Coll., Act No. 356/2003 SB., law No.
362/2003 Coll., Act No. 167/2004 Coll., the Act No. 326/2004 Coll., Act No.
562/2004 Coll., Act No. 125/2005 Coll., Act No. 253/2005 Coll., Act No.
381/2005 Coll., Act No. 392/2005 Coll., Act No. 444/2005 Coll., Act No.
59/2006 Coll., Act No. 74/2006 Coll., Act No. 186/2006 Coll., Act No.
189/2006 Coll., Act No. 222/2006 Coll., Act No. 264/2006 Coll. and act
No 342/2006 Coll., is hereby amended as follows:
1. In paragraph 83d. 1 letter e) is added:
"e) of the bankruptcy decision or refusing an insolvency petition because
the assets of the holder is not sufficient to cover the costs of the insolvency proceedings,
the holder of the authorization or entry into liquidation. "
2. footnote No. 59:
"59) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
THE SEVENTH PART OF THE SIXTIES
Amendment of the Act on agricultural rock formations and agricultural public
warehouses and amending certain related laws
Article. LXXX
Act No. 308/2000 Coll., on agricultural rock formations and agricultural
public warehouses and amending certain related laws, as amended by
Act No 444/2005 Coll., is hereby amended as follows:
1. In section 16. 4 (b). (b)), the words "bankruptcy or settlement allowed"
shall be replaced by the word "bankrupt".
2. In section 32, paragraph. 1 the word "audition" is replaced by "bankruptcy" and the words
"bankruptcy" is replaced by "the estate according to the
special legal regulation ^ 10a) ".
Footnote No. 10a is inserted:
"10a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. In section 32, paragraph. 2 the first sentence, the words "insolvency administrator"
replaced by the words "Insolvency administrator" and the word "property" is replaced by
the words "estate".
4. In section 32, paragraph. 3 the first sentence, the words "insolvency administrator"
replaced by the words "insolvency administrator" and the second sentence shall be replaced by the phrase
"The Unmet portion of the claims of owners of agricultural rock formations sheets
considered the claim submitted in insolvency proceedings and satisfy the
as well as these claims. ".
THE EIGHTH PART OF THE SIXTIES
Amendment of the Act, amending Act No. 513/1991 Coll., the commercial code,
as amended, law No 358/1992 Coll., on notaries and
their activities (notarial regulations), as amended, law No.
15/1998 Coll., on the Securities and Exchange Commission, and amending and supplementing other
laws, as amended by Act No. 30/2000 Coll., Act No. 200/1990 Coll., on
Offences Act, as amended, Act No 99/1963 Coll.,
Code of civil procedure, in the wording of later regulations, and Act No. 328/1991
Coll., on bankruptcy and settlement, as amended
Article. LXXXI
In Act No. 370/2000 Coll., amending Act No. 513/1991 Coll.,
the commercial code, as amended, law No 358/1992 Coll.,
about notaries public and their activities (notarial regulations), as amended
legislation, law No. 15/1998 Coll., on the Securities and Exchange Commission and about the change and
supplement other laws, as amended by Act No. 30/2000 Coll., Act No.
200/1990 Coll. on offences, as amended, law No.
99/1963 Coll., the code of civil procedure, in the wording of later regulations, and act
No 328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
as amended by Act No. 501/2001 Coll., the finding of the Constitutional Court declared under
No 476/2002 Coll. and Act No. 88/2003 Coll., part six, including title and
article. Including title IX shall be deleted.
PART OF THE SIXTIES OF THE NINTH
Amendment of the Act concerning the conditions of business and the performance of State administration in the
energy sectors and on the amendment of certain laws (Energy Act)
Article. LXXXII
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on the amendment of certain laws (energy
Act), as amended by Act No. 151/2002 Coll., Act No. 260/2002 Coll., Act
No. 309/2002 Coll., Act No. 278/2003 Coll., Act No. 356/2003 Coll., Act
No 670/2004 Coll., Act No. 186/2006 Coll. and Act No 342/2006 Coll.,
amended as follows:
1. In section 5 (3). 6 the word "audition" for the words "3 years", the Court set aside the
replaced by the word "bankruptcy" and the words "cancelled the audition because assets
the bankrupt is not sufficient to cover the costs of a bankruptcy, the Court rejected the proposal or
bankruptcy for lack of assets "shall be replaced by the words" dismissed
said, therefore, that the debtor's assets will not be sufficient to cover the
the costs of the insolvency proceedings, or decided to cancel the bankruptcy because
property of the debtor is totally insufficient ".
2. In section 10, paragraph 1. 3 (b)):
"(b) in respect of the assets of the holder) released the bankruptcy decision
or insolvency was rejected because the assets of the holder of the licence
It is not sufficient to cover the costs of the insolvency proceedings, or the holder of the licence
entered into liquidation ".
3. In section 37, paragraph 42, section 67. 13 and section 85 (c)):
"(c)) the release of the bankruptcy decision regarding the assets of the holder of the authorization
or insolvency was rejected because the assets of the holder
authorization is not sufficient to cover the costs of the insolvency proceedings ".
PART OF THE SEVENTIES
Amendment of the Act on public collections and on the amendment of certain laws (the law on the
public collections)
Article. LXXXIII
In section 5 (3). 4 (b). (b)) Law No 117/2001 Coll. on public collections and the
amendments to certain acts (the Act on public collections), the words "not on
her declared bankrupt or has not been started or is not self-determination
application for a declaration of bankruptcy rejected for lack of assets "shall be replaced by
the words "on the basis of its insolvency not bankruptcy
the proceedings in which it is handled by the bankrupt or the impending decline or that it was
decided on its decline. "
THE FIRST PART OF THE 1970S
The amendment to the law on bailiffs and enforcement activities (procedure)
and amending other laws
Article. LXXXIV
Act No 120/2001 Coll., on the activities of bailiffs and enforcement
(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.
Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.
Act No. 257/2004 Coll., Act No. 284/2004 Coll., Act No. 499/2004 Coll.
Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 133/2006 Coll.
Act No. 253/2006 Coll., is hereby amended as follows:
1. In section 70 paragraph. 3, the second sentence shall be deleted.
2. Part four, including the title.
THE SECOND PART OF THE SEVENTIES
Amendment of the Act on the protection of competition and on the amendment of certain laws
(Act on the protection of competition)
Article. LXXXV
In section 12, paragraph. 8 of Act No. 143/2001 Coll., on the protection of competition and the
on the amendment of certain laws (law on the protection of competition), in
the text of Act No. 361/2005 Coll., the words "bankruptcy administrator. ^ 9)"
replaced by the words "the insolvency administrator ^ 9).".
Footnote 9 is added:
"9) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
THE THIRD PART OF THE ' 70S
Amendment of the Act on waste and amending certain other acts
Article. LXXXVI
Act No. 185/2001 Coll., on waste and on amendments to certain other laws,
as amended by Act No. 477/2001 Coll., the Act No. 76/2002 Coll., Act No.
275/2002 Coll., Act No. 320/2002 Coll., Act No. 356/2003 SB., law No.
167/2004 Coll., Act No. 188/2004 Coll., Act No. 317/2004 Coll., Act No.
7/2005 Coll., Act No. 444/2005 Coll., Act No. 186/2006 Coll., Act No.
222/2006 Coll. and Act No. 314/2006 Coll., is hereby amended as follows:
1. In section paragraph 37n. 2 the word "bankruptcy" is replaced by the word "property".
2. In section 49, paragraph. 3 the word "bankruptcy" is replaced by the word "property".
THE FOURTH PART OF THE SEVENTIES
Amendment of the Act on radio and television broadcasting and the
change other laws
Article. LXXXVII
In section 13 (3). 3 (b). and Act No. 231)/2001 Coll., on the operation of the
radio and television broadcasting and other laws, as amended by
Act No. 341/2004 Coll., the words "not bankrupt or on its
the property was not initiated proceedings for compensation "shall be replaced by the words" has not been
decision on bankruptcy. "
THE FIFTH PART OF THE SEVENTIES
The amendment to the law on hunting
Article. LXXXVIII
Act No 449/2001 Coll., on game management, as amended by Act No. 320/2002 Coll.
Act No. 59/2003 Coll., Act No. 444/2005 Coll. and Act No. 267/2006 Coll.
is amended as follows:
1. In section 25, paragraph. 1 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following point (e)), which read:
"e) abolition of bankruptcy after completion or cancellation of resolution rozvrhového
bankruptcy because of the debtor's assets is completely insufficient. "
2. In section 25, paragraph. 2, the words "to propose a declaration of bankruptcy," shall be replaced by
the words "submit a proposal of insolvency".
3. In section 28 paragraph. 3 letter h) is added:
"h) initiation of insolvency proceedings, bankruptcy, name, surname
(business name) and address of the insolvency administrator. ".
THE SIXTH PART OF THE SEVENTIES
Amendment of the Act on packaging
Article. LXXXIX
In Act No. 477/2001 SB., on packaging and on the amendment of certain laws (the law on the
packages), as amended by Act No. 274/2003 Coll., Act No. 94/2004 Coll.
Act No. 237/2004 Coll., Act No. 257/2004 Coll., Act No. 444/2005 Sb.
and Act No. 66/2006 Coll., footnote No 20:
"20) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART OF THE 77TH
Amendment of the Act on freedom of religion and the status of churches and
religious societies and on amendments to certain acts (the Act on churches and
religious societies)
Article. XC
Law No. 3/2002 Coll., on freedom of religion and the status of churches
and religious communities and on amendments to certain acts (the Act on churches
and religious societies), in the wording of the finding of the Constitutional Court
declared under the No 4/2003 Coll., Act No. 562/2004 Coll. and Act No.
495/2005, is hereby amended as follows:
1. In section 18, paragraph. 1 (a). (g)), section 19, paragraph. 1 (a). (g)) and section 20 (2). 1 (a).
g), the words "Declaration of bankruptcy and the bankruptcy administrator of personal data
nature, rejection of bankruptcy for lack of
assets and the opening of composition proceedings "shall be replaced by the words" the decision on the
bankruptcy, insolvency rejection because the property will not be
sufficient to cover the costs of the insolvency proceedings, bankruptcy cancellation
Therefore, that the property is completely inadequate, and name, surname (business
the company) and the headquarters of the insolvency administrator ".
2. In section 22, paragraph. 1 (a). (b)), the word "cancellation" shall be replaced by the words "towards the
the cancellation of "and the words" is not sufficient to cover the costs of bankruptcy or
rejection of a proposal for a declaration of bankruptcy for lack of assets "
replaced by the words "is totally inadequate, or to reject
insolvency because the assets of the Church or religious
the company or the Union of churches and religious societies will not be
sufficient to cover the costs of the insolvency proceedings ".
3. In section 23, the word "proposal" shall be replaced by the "insolvency
the proposal ".
4. Footnote 16:
"16) commercial code.
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended. ".
5. In section 26, paragraph. 1 (a). (d)), the words "is not sufficient to cover the costs
bankruptcy, or after the rejection of the application for a declaration of bankruptcy, for
the lack of property "shall be replaced by the words" is totally inadequate, or after
the rejection of the insolvency of the draft because its assets will not be sufficient
to cover the costs of the insolvency proceedings ".
6. In section 26, paragraph. 7, the words "ni filed for bankruptcy" is replaced by
"its assets filed bankruptcy proposal".
THE EIGHTH PART OF THE SEVENTIES
cancelled
Article. XCI
cancelled
THE NINTH PART OF THE SEVENTIES
Change the law amending certain laws in connection with the adoption of the
the Act on payment systems
Article. XCII
Law No 125/2002 Coll., amending certain laws in connection with the
the adoption of the Act on payment systems, is part of the fourth, including a title
repealed.
PART OF THE EIGHTIES
Amendment of the Act on the promotion of research and development from public funds and the
changes to some related laws (Act on the promotion of research and development)
Article. XCIII
In § 18 paragraph. 2 Act No. 130/2002 Coll., on the promotion of research and development of
public funds and amending certain related laws (the law on the
the promotion of research and development), as amended by Act No 342/2005 Coll., letter c)
including footnotes, no 24:
"(c)) is not in liquidation and the decline or threatened decline is not addressed in the
insolvency proceedings ^ 24),
24) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
THE FIRST PART OF THE 1980S
The amendment to the law on the central control and testing Institute of the agricultural and
changes to some related laws (Act on the central control and
test Institute of agriculture)
Article. XCIV
In section 4, paragraph 4. 1 law No. 147/2002 Coll., on the central control and
test Institute of agriculture and amending certain related laws
(the law on the central control and testing Institute of agriculture), the letter
(d)), including footnotes, no 5b:
"(d) it was not issued) against the decision of the bankruptcy, according to a special legal
code ^ 5b),
5B) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
THE SECOND PART OF THE 1980S
Amendment of the Act on certain measures connected with the prohibition of
of Bacteriological (Biological) and Toxin Weapons and on an amendment
the Trade Licensing Act
Article. XCV
Act No. 281/2002, on certain measures connected with the prohibition of
of Bacteriological (Biological) and Toxin Weapons and on an amendment
the Trade Licensing Act, as amended by Act No. 186/2004 Coll. and Act No.
413/2005 Coll., is hereby amended as follows:
1. In section 10, paragraph 1. 2 letter e) is added:
"e) Declaration that the legal person has not been issued
the decision of the bankruptcy or insolvency was rejected because the
the assets of this person is not sufficient to cover the costs of the insolvency proceedings ".
2. In section 13 (f)):
"(f)) without undue delay, notify the authority of the initiation of the insolvency
control. ".
THE THIRD PART OF THE 1980S
The amendment to the law on excise duties
Article. XCVI
Law No. 353/2003 SB., on the excise tax, as amended by Act No.
479/2003 Coll., Act No. 235/2004 Coll., Act No. 313/2004 Coll., Act No.
558/2004 Coll., Act No. 693/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 377/2005 Coll., Act No. 379/2005 Coll., Act No.
545/2005 Coll., Act No. 310/2006 Coll., Act No. 575/2006 Coll. and act
No. 261/2007 Coll., is hereby amended as follows:
1. In section 13 (3). 5, the first sentence shall be replaced by the phrase "the Customs Directorate
shall decide on the issuance of special permit only the claimant, that is not in the
liquidation or in insolvency proceedings under the special rule
^ Regulation 20). ".
2. footnote No 20:
"20) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
3. In section 13 (3). 21 letter e) is added:
"e) to the date of the decision of the Court for a declaration of bankruptcy of the
the property of the user, or ".
4. In section 18, paragraph 4 reads:
"(4) the tax return which is made in the course of insolvency
control ^ 20) is regulated in § 136a. ".
5. In section 20 (2). 5, the first sentence shall be replaced by the phrase "the Customs Directorate
shall decide on the issue of the permit only if a proposal to issue
the authorisation shall include the particulars referred to in paragraph 2 and the applicant is not in the
liquidation or in insolvency proceedings under the special rule
Regulation. ".
6. In section 20 (2). 17 (c)):
"(c)) date of the entry into force of a court decision on the Declaration of bankruptcy of the
the assets of the customer, or ".
7. In section 22, paragraph. 5, the first sentence shall be replaced by the phrase "the Customs Directorate
shall decide on the issue of the permit only if a proposal to issue
the authorisation shall include the particulars referred to in paragraph 2 and the applicant is not in the
liquidation or in insolvency proceedings under the special rule
Regulation. ".
8. In section 22, paragraph. 17 (c)):
"(c)) date of the entry into force of a court decision on the Declaration of bankruptcy of the
assets of the recipient, or ".
9. In section 23a, paragraph. 3, the first sentence shall be replaced by the phrase "the Customs Directorate
shall decide on the issue of the permit only if a proposal to issue
the authorisation shall include the particulars referred to in paragraph 1 and the applicant is not in the
liquidation or in insolvency proceedings under the special rule
^ Regulation 20). ".
10. In section 23a, paragraph. 15 (c)):
"(c)) date of the entry into force of a court decision on the Declaration of bankruptcy of the
property tax representative, ".
11. § 36 paragraph 6 is added:
"(6) the Office shall issue the authorisation, if the authorisation proposal contains
the particulars referred to in paragraph 5 and the appellant is not in liquidation or in
insolvency proceedings under special legislation ^ 20). ".
12. In § 36 odst. 12 (c)):
"(c)) date of the entry into force of a court decision on the Declaration of bankruptcy of the
the assets of the holder, or ".
13. In section 60a paragraph. 4, the first sentence shall be replaced by the phrase "the Customs Directorate
shall decide on the issue of the permit only the claimant, that is not in liquidation
or in insolvency proceedings under special legislation ^ 20). ".
14. In section 60a paragraph. 17 (d)):
"(d)) on the date of the entry into force of a court decision on the Declaration of bankruptcy of the
the assets of the holder of the authorization, or ".
15. In section 72, paragraph. 3, the first sentence shall be replaced by the phrase "after the Declaration
bankruptcy on the property of the user or the demise of the business user may be ethyl alcohol
freed from taxes granted to another user. "
16. Section 136 § 136a shall be inserted, which including the title:
"§ 136a
The tax period, the tax return and maturity during the tax
insolvency proceedings
(1) if the payer, whose decline or the impending decline of the addresses in the
insolvency proceedings, the ongoing tax period ends on
preceding the date of effectiveness of the bankruptcy decision. The next tax period
the effectiveness of the Bill starting on the day the bankruptcy decision and ending on the last day of the
the calendar month in which this decision was the insolvency court
released. For the next period of insolvency proceedings is taxable
the payer of the calendar month.
(2) the date when insolvency proceedings is terminated, ending the ongoing
the payer of the tax period. The next tax period begins on the date of the Bill
following the date of termination of the insolvency proceedings and ends with the last
on the day of the calendar month in which the insolvency proceedings were terminated.
(3) the tax return for the taxable period referred to in paragraphs 1 and 2
the official receiver or any other person who is under the Special
^ law 20) be empowered to effectively dispose of property belonging to the
to the estate, shall be obliged to submit to 25. the day after the end of the reporting
the period.
(4) Tax for the taxable period referred to in paragraphs 1 and 2 shall be payable to the
40. the date of the end of the reporting period in which the tax obligation was
admit and pay. "
Article. XCVII
The transitional provisions of the
The provisions of this law shall also apply to excise tax-related
proceedings to be initiated and been neskončeno according to the law No.
328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
before the date of entry into force of this Act.
THE FOURTH PART OF THE 1980S
Amendment of the Act on the treatment of rough diamonds, on the conditions of their
import, export and transit of and amendment to certain laws
Article. XCVIII
In section 6 (1). 2 Act No. 440/2003 Coll., concerning the handling of rough diamonds,
on the conditions of their import, export and transit of and amendment to certain
laws, as amended by law No 60/2005 Coll., the words "proceedings of bankruptcy and
the settlement "shall be replaced by the words" insolvency proceedings ".
PART OF THE FIFTH
Amendment of the Act on trademarks and amending Act No. 6/2002 Coll., on
the courts, judges, lay judges and the State administration of courts and amending
certain other laws (the law on the courts and Judges Act), as amended by
amended, (law on trade marks)
Article. XCIX
Law No. 441/2003 Coll. on trademarks and amending Act No. 6/2002
Coll., on courts, judges, lay judges and the State administration of courts and amending
certain other laws (the law on the courts and Judges Act), as amended by
amended, (law on trade marks), as amended by Act No.
501/2004 Coll. and Act No. 221/2006 Coll., is hereby amended as follows:
1. In section 17(2). 1, the words "trustee in bankruptcy proceedings or
in the list of assets in the settlement proceedings "shall be replaced by the words" property
the substance under special legislation ^ 6a) ".
Footnote No. 6a is inserted:
"6a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 53, the words "insolvency proceedings, composition proceedings" shall be replaced by
the words "insolvency proceedings".
PART OF THE EIGHTY-SIXTH
Amendment of the Act on insurance intermediaries and individual
likvidátorech insurance claims, and amendment to the Trade Licensing Act
(law on insurance intermediaries and the insurance likvidátorech
events)
Article. (C)
Law No. 38/2004 Coll., on insurance intermediaries and
separate likvidátorech claims and about the change of trade
law (law on insurance intermediaries and likvidátorech
insurance claims), as amended by law no 444/2005 Coll. and Act No.
57/2006 Coll., is hereby amended as follows:
1. In section 12, paragraph. 3 at the end of the text of the letter h), the words ", or
date of publication of the decision of the bankruptcy of the person concerned in the insolvency
the register ".
2. In section 13 (3). 8 and in section 15, paragraph. 7, after the words "the Declaration and cancellation
bankruptcy ", the words" the bankruptcy decision ".
3. In section 19, paragraph. 1 (b)), and (c)):
"(b)) on which assets of the bankruptcy decision has been issued, (c))
not in the last 5 years before the date of submission of the application, which is
under this law the obligation to demonstrate the trust associated physical
persons, a member of the statutory body or other authority of a legal person,
on whose property has been declared bankrupt, or if a bankruptcy proposal
on the property of such legal person rejected, therefore, that the assets of the
a legal person is not sufficient to cover the costs of the insolvency proceedings or
the audition was canceled because the assets of the legal person is completely
inadequate ".
4. In section 19, paragraph. 2 letter a) is added:
"and the Court set aside the bankruptcy) otherwise than by a resolution on the abolition of
bankruptcy or after fulfilling the rozvrhového resolution, therefore, that the property
the debtor is totally inadequate, the Court has rejected the proposal or insolvency
because its assets are not sufficient to cover the costs of the insolvency
proceedings, ".
5. In section 20 (2). 1 (c)):
"(c)) in respect of which the assets of the bankruptcy decision has been issued."
6. In paragraph 2 of section 20 reads as follows:
"(2) for the purposes of this law, the trust is a legal person
It also considers the legal person on whose property was declared
the bankruptcy, if the insolvency court annulled the bankrupt otherwise than by a resolution of the
cancellation of bankruptcy after completion of the rozvrhového resolution or because the assets
the debtor is totally inadequate, the Court has rejected the proposal or insolvency
because its assets are not sufficient to cover the costs of the insolvency
control. ".
7. In section 28 paragraph. 2 the words "in bankruptcy under the Special
legislation. ^ 14) "shall be replaced by the words" the estate according to the
special legal regulation ^ 14). ".
Footnote No 14:
"14) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
PART OF THE EIGHTY-SEVENTH
cancelled
Article. CI
cancelled
PART OF THE EIGHTY-EIGHTH
Amendment of the Act on the bonds
Article. CII
Law No. 190/2004 Coll. on bonds, as amended by law No 378/2005 Coll.
Act No 56/2006 Coll. and Act No. 57/2006 Coll., is hereby amended as follows:
1. In section 7 (2). 2 (a). about point 2):
"2. the issue of the decision on the bankruptcy of the issuer".
2. In article 7 (2). 2 (a). o) point 3 shall be deleted.
Point 4 shall be renumbered as paragraph 3.
3. § 34 paragraph. 1 (b)):
"(b)) the issue of a decision on the bankruptcy of the issuer, or".
4. In § 34 paragraph. 1 (c)) shall be deleted.
Existing subparagraph (d)) shall become point (c)).
PART OF THE EIGHTY-NINTH
The amendment to the law on value added tax
Article. CIII
Act No. 235/2004 Coll., on value added tax, amended by law No.
635/2004 Coll., Act No. 669/2004 Coll., Act No. 124/2005 Coll., Act No.
215/2005 Coll., Act No. 217/2005 Coll., Act No. 377/2005 Coll., Act No.
441/2005 Coll., Act No. 545/2005 Coll., Act No. 109/2006 Coll., Act No.
230/2006 Coll., Act No. 319/2006 Coll. and Act No. 261/2007 Coll., amended
as follows:
1. In section 87, paragraph. 7, the words "in bankruptcy or composition proceedings"
replaced by the words "no to insolvency proceedings, which addresses the decline of
or the impending decline of the appellant ".
2. In section 87, paragraph. 12 (c)):
"(c)) date of the entry into force of a court decision on the Declaration of bankruptcy of the
the assets of the holder, or ".
3. In § 99 paragraph 11 is added:
"(11) the decision of the bankruptcy ends the ongoing tax period date
preceding the date of entry into force of the bankruptcy decision. The following
the payer of the tax period begins on the date of entry into force of the decision on
bankruptcy and ends on the last day of the calendar month in which it has
the efficiency of the bankruptcy decision. For the period after the date of entry into force of
the bankruptcy decision, in which the insolvency proceedings in progress, it is
tax payer's calendar month period. If the termination of the
insolvency proceedings, the tax period ends on the date on which their
insolvency proceedings and, following the tax period begins on the date of
following the date on which the termination of the insolvency proceedings.
After the termination of the insolvency proceedings is to the end of the calendar year
tax payer's calendar month period and for the following calendar
the year of the tax period shall be determined in accordance with paragraphs 1 to 3 ".
4. In § 101 paragraph 2 is added:
"(2) the time limit for the submission of the tax return for the tax year ending
on the day of the bankruptcy decision efficiency is 30 days from the end of the reporting
the period. For the current tax period at the time of the insolvency proceedings,
including the tax period ending on the date of the termination of the
insolvency proceedings, the deadline for the submission of tax returns of 25 days from the
the end of the tax period. ".
5. In section 105, paragraph. 1, the third sentence shall be deleted.
Article. CIV
The transitional provisions of the
The provisions of this law shall also apply for a value added tax
related to the management, which was initiated and res neskončeno
According to Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, before the date of entry into force of this Act.
PART OF THE 1990S
Amendment of the Act on the capital market
Article. CV
Act No. 256/2004 Coll., on business on the capital market, as amended by law
No 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 Coll., Act
No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No.
70/2006 Coll. and Act No. 159/2006 Coll., is hereby amended as follows:
1. In section 80 (2). 4, the words "bankruptcy" is replaced by
"the estate" and the words "in the case of bankruptcy, the bankruptcy administrator is
the essence of "shall be replaced by the words" in the case of the bankruptcy decision is
insolvency administrator ".
2. In section 86, paragraph. 2 the introductory part, the words ' the provisions of the Declaration
bankruptcy assets "shall be replaced by the words" the decision of the bankruptcy ".
3. In section 86, paragraph. 2 (a). and the words) "Declaration of bankruptcy" are replaced by
the words "decision on bankruptcy."
4. In section 86, paragraph. 2 (b)):
"(b)) at the time of the bankruptcy decision or save another measure or after
the decision about the decline of imposition of measures or another and were settled in the day
the decision about the decline of imposition of measures, or else demonstrate to all
the participants in the settlement system under section 82, paragraph. 5 a decision on them
the decline of imposition or other measures announced by the Czech National Bank and
they could not otherwise known. ".
5. In section 86, paragraph. 3 of the introductory part, the words ' the provisions of the Declaration
bankruptcy assets "shall be replaced by the words" the decision of the bankruptcy ".
6. In section 89, paragraph. 2 and 3, the words "bankruptcy assets"
replaced by the words "the bankruptcy decision".
7. In section 107a, paragraph. 1 the words "Declaration of bankruptcy on its property, it is
the administrator in bankruptcy ' shall be replaced by the words "the bankruptcy decision, it is
insolvency administrator ".
8. In section 107a, paragraph. 2 the word "liquidator" shall be replaced by
the words "Insolvency administrator".
9. In section 107a, paragraph. 4, 6, 7 and 9, the words "the receiver"
replaced by the words "insolvency administrator".
10. In section 107a, paragraph. 5, the words "the liquidator" shall be replaced by
the words "insolvency administrator".
11. the footnote No. 1f:
"1f) § 291 of Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law). ".
12. In section 108, paragraph. 2 (a). (b)) point 3 is added:
"3. that against him has opened insolvency proceedings.".
13. In § 109 paragraph 6 is added:
"(6) a participant in the Central Depository shall not be a person
and that reorganization has been enabled), and for a period of 5 years from the end of the
reorganization,
(b)) on whose property was declared bankrupt, and for a period of 5 years from the
cancellation of bankruptcy after completion of the rozvrhového resolution, or because
property of the debtor is totally inadequate,
(c) the debt relief plan) approved by the Court, for a period of 5 years from the fulfilment of the
debt relief plan,
(d) if the Court) dismissed the proposal, the insolvent debtor's assets if the
It is not sufficient to cover the costs of the insolvency proceedings ".
14. In section 115, paragraph. 1 (f)):
"(f)) for the purposes of insolvency administrators, insolvency proceedings, which
the participant is the owner of the investment tools ".
15. In section 115, paragraph. 1, letter g) shall be deleted.
Letter h) is renumbered as paragraph (g)) and the former points to)
and k) are referred to as letters of h) and (i)).
16. In section 117, paragraph. 1, the words "the insolvency administrator claims settlement administrator"
replaced by the words "insolvency administrator".
17. In section 117, paragraph. 2 (a). (j)), the word "bankruptcy" is replaced by
"insolvency".
18. In paragraph 130. 1 (a). (b)), the words "the said audition on the assets"
replaced by the words "issued the decision of the bankruptcy".
19. In paragraph 130. 11, the word "audition" is replaced by the word "bankrupt" and
the words "insolvency administrator" shall be replaced by the words "insolvency
the administrator ".
20. In section 131, paragraph. 1 the word "bankruptcy" is replaced by "bankruptcy",
the word "bankruptcy" is replaced by the word "bankruptcy" and the words "administrator
the bankruptcy "are replaced by the words" insolvency administrator ".
21. Footnote 4 is added:
"4) § 189 Insolvency Act.".
22. In section 131, paragraph 4 shall be deleted.
23. In section 132 title: "Release the assets of customers after the release of decision
about the bankruptcy and the bankruptcy assets trader in securities ".
24. In § 132 paragraph 1 including the footnote 4a is added:
"(1) the assets of the customer is not part of the estate of the merchant with the
securities under a special legal regulation 4a), and ^ ^ if it is issued
the decision of the bankruptcy of a trader with securities, insolvency administrator is
shall be issued without undue delay to the customer.
4A) of section 205 Insolvency Act. ".
25. In § 132 paragraph 4, including the footnotes no 4b and 4 c is added:
"(4) the extent to which the right to release the assets of the customer cannot be
satisfied with the procedure laid down in paragraph 2 or 3, it is a claim that is
the official receiver shall apply in the insolvency proceedings referred to in
special legal regulation ^ 4b) application; until the scope of the
the satisfaction of the claim, the claim can be as tied to the
^ condition 4 c).
4B) the insolvency law.
4 c) section 173, paragraph. 3. the insolvency law ".
26. In article 132, paragraph 5 is added:
"(5) the Insolvency administrator is the responsibility for the activities referred to in paragraphs 1 to 4
replacement of cash expenses and remuneration, which are a claim on the assets
the essence of; in the event that the essence of the payment of the refund
cash expenses and remuneration is not sufficient, shall be paid by the State. The method of determining
reimbursement of cash expenses and the remuneration of the insolvency administrator, their
the maximum amount of the contribution to be paid by the State and the method of payment provides for detailed
legislation. ".
27. In section 141 (a). (b)), the words "Declaration of bankruptcy on the assets"
replaced by the words "the release of the decision of the bankruptcy".
28. In paragraph 145. 1, letter a) is added:
"and that it was issued) against the decision of the bankruptcy or insolvency was
the proposal is rejected, because the assets of such person will not be sufficient to
cover the costs of the insolvency proceedings, or ".
29. In paragraph 145. 6 letter a) is added:
") on which was issued the decision about bankruptcy or court rejected
said, therefore, that its assets will not be sufficient to cover the
the costs of the insolvency proceedings, or ".
30. In article 189, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
31. In paragraph 189. 2, the words "and 2" shall be deleted.
32. In section 199, paragraph. 2 (a). r), the words "the receiver"
replaced by the words "insolvency administrator".
THE FIRST PART OF THE 1990S
Change the law amending certain laws in connection with the adoption of the
the law on the capital market business, the Act on collective
investment and the law on bonds
Article. ZVI
In Act No 257/2004 Coll., amending certain laws in connection with the
the adoption of the law on business on the capital market, the Act on collective
investing and bonds Act, as amended by law no 669/2004 Coll.
law no 413/2005 Coll. and Act No 264/2006 Coll., is part of the eleventh and
thirty-ninth including headings are deleted.
THE SECOND PART OF THE 1990S
Amendment of the Act on the European economic interest grouping (EEIG), and
Amendment of the Act No. 513/1991 Coll., the commercial code, as amended
regulations, and Act No. 586/1992 Coll., on income taxes, as amended by
amended, (law on the European economic interest grouping)
Article. CVII
Act No. 360/2004 Coll., on the European economic interest grouping
(EEIG) and on the amendment of Act No. 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 586/1992 Coll., on income tax, in the
as amended, (the Act on European economic interest
the Association), is hereby amended as follows:
1. In section 3, paragraph 3. 4, the words "bankruptcy administrator, administrator of the composition"
replaced by the words "insolvency administrator".
2. In article 12 the words "or because of the rejection of the application for a declaration of
bankruptcy assets for lack of assets "shall be replaced by the words
"or because of the rejection of the proposal, therefore, that the insolvency estate
Companion is not sufficient to cover the costs of the insolvency proceedings or of the
because of the cancellation of bankruptcy because the assets of the partnership is entirely
insufficient ".
THE THIRD PART OF THE 1990S
The amendment to the law on patent agents and on the amendment of the Act on measures to
protection of industrial property
Article. CVIII
Law No. 417/2004 Coll., on patent representatives and amending the law on the
measures for the protection of industrial property, is amended as follows:
1. In section 8 (2). 1 (a). (f)), the word "bankruptcy" is replaced by
"bankruptcy" and the words "the rejection of the application for a declaration of bankruptcy for
the lack of property "shall be replaced by the words" that it said was
rejected because the debtor's assets is insufficient to cover the costs
insolvency proceedings, or for the reason that the audition was canceled because the
property of the debtor is totally insufficient ".
2. In section 14, paragraph. the letter f) and (g)):
"(f)) has been declared bankrupt on his property, and the date on which it occurred
the effects of bankruptcy,
(g)) If a partner or shareholder of the company of patent attorneys
(§ 10), on whose property was declared bankrupt, and the date on which it occurred
the effects of bankruptcy. "
3. In section 15(2). 1 (c)):
"(c)) was to begin insolvency proceedings, in which he addresses the decline or
the impending decline of the patent agent or the company patent
representatives, of which he is a partner or shareholder of the company. ".
4. In section 18, paragraph. 3 (b)):
"(b)) on whose property was declared bankrupt, and that the date of legal power
the decision on the Declaration of bankruptcy ".
THE FOURTH PART OF THE 1990S
The amendment to the law on Archives and the archival service and amending some laws
Article. CIX
Law no 499/2004 Coll. on Archives and the archival service and amending
certain acts, as amended by law no 413/2005 Coll., Act No. 444/2005
Coll. and Act No. 112/2006 Coll., part six, including the title.
THE FIFTH PART OF THE 1990S
The amendment to the law on pre-school, primary, secondary, higher vocational and
other education (the Education Act)
Article. CX
Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended by Act No.
383/2005 Coll., Act No. 112/2006 Coll., Act No. 158/2006 Coll., Act No.
161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No.
342/2006 Coll. and Act No. 624/2006 Coll., is hereby amended as follows:
1. In section 126, paragraph. 3, letter e) is added:
"e) rejection of insolvency because the assets of the school of law
the person will not be sufficient to cover the costs of the insolvency proceedings, or
cancellation of bankruptcy because the assets of the school of legal persons is completely
insufficient, or after completion of the rozvrhového resolution ".
2. In section 147, paragraph. 1 the letter n):
"n) affirmation of the founder of educational legal persons or
contributory organization, no insolvency proceedings, in which the
solved its decline or impending bankruptcy or that it was decided on its
bankruptcy is not in liquidation, has tax arrears, is not payable
arrears on premiums on health insurance or social
Security and that has not been done in the last three years, the deletion of the registered
persons, of which he was the founder of the school register for reasons
referred to in section 150, paragraph. 1 (a). c) to (f)); given also applies to
other legal persons that will perform the activities of the school or
the educational establishment, and their statutory authorities ".
3. In paragraph 154. 1 the letter j) is added:
"(j)) the bankruptcy decision and name, surname (trade name) or the name
place of permanent residence and address of the registered office of the insolvency administrator, ".
4. In paragraph 154. 1, letter k) repealed.
Letters l) and m) are known as the letters k) and (l)).
5. In article 155, paragraph. 1 letter f) including footnote No. 35a is added:
"(f)) of a court decision according to the law governing the insolvency and the ways its
the solution ^ 35a), and a resolution on the opening of the insolvency proceedings, resolution on
provisional measures, the bankruptcy decision or other decisions on the
draft resolution on insolvency, bankruptcy, and on the approval of
the final report, a resolution on the authorisation of the reorganization and the resolution on approval of the
the reorganisation plan and its amendments, the resolution on approval of the debt relief plan
and its amendments, resolutions, which ends the insolvency proceedings.
35A) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
6. under § 159 Section 159a shall be inserted:
"section 159a
Legal person who carries out the activities of the school or the educational establishment,
It is obliged to immediately inform the authority, which runs the school terms, that
insolvency proceedings have been initiated, which is handled by the bankrupt, or
impending bankruptcy or that it was decided on its decline. ".
THE SIXTH PART OF THE 1990S
The amendment of the law on European companies
Article. OPENSSL —
In § 46 paragraph. 8 of Act No 627/2004 Coll., on the European company, the words
"bankruptcy, settlement or" shall be replaced by the words "insolvency proceedings or".
THE SEVENTH PART OF THE 1990S
cancelled
Article. CXII
cancelled
THE EIGHTH PART OF THE 1990S
Change the law amending certain laws in connection with the adoption of the
the law on the abolition of the national property Fund of the Czech Republic
Article. CXIII
In Act No. 179/2005 Coll., amending certain laws in connection with the
the adoption of the law on the abolition of the national property Fund of the Czech Republic, in the
the text of Act No. 137/2006 Coll., is part of the twenty-ninth including title
repealed.
THE NINTH PART OF THE 1990S
Amendment of the Act on public research institutions
Article. OUTPUT CONTROL FUNCTIONS
Act No. 341/2005 Coll., on public research institutions, as amended by
Act No. 633/2006 Coll., is hereby amended as follows:
1. In section 6 (1). 3 (b). about) the words "bankruptcy or composition
the administrator and the place of his permanent residence in the territory of the Czech Republic, or
residence abroad and their place of residence on the territory of the Czech Republic "shall be replaced by
the words "or of the insolvency administrator, the company and its registered office".
2. In section 6 (1). 3 (b). q), the words "application for a declaration of bankruptcy"
replaced by the words "insolvency".
3. In section 6 (1). 3 the letters r and s)) be deleted.
Letters t) up in) are known as the letters r) to t).
4. In section 8 (b). I), the words "bankruptcy" is replaced by
"adjusting the decline and ways of its solution."
5. In section 10, paragraph 1. 2 (a). e), the words "application for a declaration of bankruptcy"
replaced by the words "insolvency" and the words "is not sufficient to cover the
the costs of bankruptcy "are replaced by the words" is totally inadequate. "
PART OF THE NET
Amendment of the Act on the protection of classified information and security
the eligibility of the
Article. CXV
Act No. 412/2005 Coll., on the protection of classified information and security
eligibility, as amended by Act No 119/2007 Coll. and Act No. 177/2007 Coll.
is amended as follows:
1. In section 17(2). 1 (b)), and (c)), including footnotes, No 15
added:
"(b)) in which the Court declared the moratorium ^ 15),
(c) the property is) against the decision of the bankruptcy ^ 15),
15) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. Footnote 16 is hereby repealed.
3. In section 17(2). 1, point (d)) shall be deleted.
Letter e) is renumbered as paragraph (d)).
4. In section 97 letters n) to (p)):
"n) information about the filing of insolvency,
about) the decision on the insolvency of the proposal,
p) information on how to troubleshoot a bankruptcy ".
PART OF THE PLACEMENT OF THE FIRST
Amendment of the Act on public procurement
Article. CXVI
Act No. 137/2006 Coll., on public procurement, as amended by Act No.
110/2007 Coll., is hereby amended as follows:
1. In section 23, paragraph. 5 (d)):
"(d)) of the supplies acquired under particularly advantageous conditions from
the vendor, which is in liquidation, or in the case that it is against the supplier
guided by the insolvency proceedings, from the person authorized to dispose of assets
the essence, or ".
2. In section 53, paragraph. 1 letter d) including footnote No. 41:
"(d)) to the property no insolvency proceedings, in which it was issued
the decision of the bankruptcy or insolvency was not rejected the proposal because the
the property is insufficient to cover the costs of the insolvency proceedings, or has not been
the audition is cancelled because the asset was completely inadequate ^ 41) or
introduced the receivership under special legislation,
41) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
THE SECOND PART OF THE TRAINEESHIP
cancelled
Article. CXVII
cancelled
THE THIRD PART OF THE TRAINEESHIP
The amendment to the labour code
Article. CXVIII
Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.
Act No. 181/2007 Coll. and Act No. 261/2007 Coll., is hereby amended as follows:
1. In section 62, paragraph. 5, the word "bankrupt" is replaced by
"the bankruptcy decision has been released ^ 21a)".
Footnote No. 21a is inserted:
"21a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
2. In section 63, the words "If the employer is declared bankrupt or
allowed compensation "shall be replaced by the words" has been issued
the decline of the ^ 21a) employer ".
3. In section 289, paragraph. 1 the words "bankruptcy ^ 81)" shall be replaced by the words
"insolvency proceedings" ^ 21) ".
4. footnote No. 81 is hereby repealed.
THE FOURTH PART OF THE TRAINEESHIP
cancelled
Article. CXIX
cancelled
THE FIFTH PART OF THE TRAINEESHIP
The amendment of the law on insolvency administrators
Article. CXX
Act No 312/2006 Coll., on insolvency administrators, as amended by Act No.
108/2007 Coll., is hereby amended as follows:
1. In section 3, paragraph 3. 2, § 17 paragraph. 3, § 28 paragraph. 1 and section 31 (a). (c))
the words "securities dealer" is inserted after the word "Central".
2. In section 34, for the word "repeatedly" is inserted after the word "or".
3. In section 39, the words "and section 8 (2). 1 (a). (c)) "shall be replaced by the words", § 8
paragraph. 1 (a). (c)) and section 27. 1 (a). (b)) ".
THE SIXTH PART OF THE TRAINEESHIP
The enabling provisions
Article. CXXI
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
the law), as is apparent from later laws.
THE SEVENTH PART OF THE TRAINEESHIP
The EFFECTIVENESS of the
Article. CXXII
This law shall enter into force on 1 January 2005. in January 2008, with the exception of the provisions
article. XXXVI, section 5, and the provisions of the article. LV, which shall take effect on 1 January 2005.
January 1, 2009.
Vaidya in the r.
Klaus r.
Topolanek in r.