Change Of The Terms Of The Tests Of Insolvency Administrators

Original Language Title: změna vyhlášky o náležitostech zkoušek insolvenčních správců

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80202&nr=197~2F2013~20Sb.&ft=txt

197/Sb.



DECREE



of 12 October. July 2013,



amending Decree No. 312/2007 Coll., on content and other

elements of tests of insolvency administrators, as amended

the laws of the



The Ministry of Justice, in agreement with the Czech National Bank establishes

in accordance with § 37 para. 1 and 2 of Act No. 309/2006 Coll., on insolvency

managers, as amended by law no 428/2007 Coll. and Act No. 185/Coll.:



Article. (I)



Decree No. 312/2007 Coll., on content and other constituent parts of the tests

insolvency practitioners, as amended by Decree No. 2/2010 Coll. and Decree No.

56/2006, is amended as follows:



1. In paragraph 1, the words ", differential tests of the insolvency administrator" shall be deleted.



2. In paragraph 2, the words "differential tests of the insolvency administrator and" are deleted.



3. § 3 and 4 including the following titles:



"§ 3



The content of the exams



(1) the examination consists of written and oral parts; special test

insolvency administrator consists of the oral part.



(2) when the test is to verify the applicant's knowledge needed to

performance of the duties of the insolvency administrator are finding knowledge from area



and) civil, commercial and labour law,



(b)) of the civil procedural law,



c) insolvency law,



d) administrative law including administrative proceedings,



e) of the financial rights, including tax management,



f) business management and



g) accounting and financing firm.



(3) during the test the applicant's knowledge of the areas referred to in paragraph 2 (a).

a), b), (d)) and e) to the extent necessary to poll the insolvency proceedings and

knowledgeable in the areas referred to in paragraph 2 (a). f) and (g)), in

extent necessary for the administration of the debtor's assets not covered by section 3 (1). 2

the law.



(4) when a special examination of the insolvency administrator is to examine the

knowledge seeker needed to exercise the function of the insolvency administrator

the debtor referred to in § 3 (1). 2 of the law are finding knowledge from area



the principles and functioning of a) financial market,



(b) the organisation of the business and legal) Regulation of the debtor referred to in § 3 (1).

2 of the Act,



c) investment vehicles, trafficking and other dealings with these

Tools,



(d) regulatory obligations) of the insolvency administrator in bankruptcy of the debtor

referred to in § 3 (1). 2 of the Act,



e) insolvency law, civil and commercial law,



f) business management and



g) accounting and financing firm.



(5) when a special examination of the insolvency administrator with knowledge of

areas referred to in paragraph 4 (b). e) poll to the extent necessary for the

insolvency proceedings regarding the debtor referred to in § 3 (1). 2 of the Act, and

knowledgeable in the areas referred to in paragraph 4 (b). f) and (g)), in

extent necessary for managing the assets of the debtor referred to in § 3 (1). 2

the law.



§ 4



Application for exam, repeating the test request, request for

determination of another term or another replacement of the term



(1) in the application, the applicant shall provide



and) the name or name, last name,



(b)), social security number or, if the social security number was not assigned, date

birth,



(c) the address of permanent residence), and if it does, home address,



(d)) the address for service of documents, if different from the address

residence or domicile address or an e-mail address

for the service of documents,



(e)) the kind of tests,



f) in the case of an application for execution of a specific examination of the insolvency administrator

the registration number of the certificate of execution tests of the insolvency administrator or the

reference number of the decision on the recognition of professional qualifications of the insolvency

Administrator,



g) consent to the processing of personal data for the purposes of the test, and for the purposes of

the issue of permits to carry out the activities of the insolvency administrator or the Special

authorisation to pursue the activity of the insolvency administrator and the



h) date and signature.



(2) the request for exam candidate joins



and) proof of education,



(b)) documents proving professional experience according to Section 4a and



c) proof of payment required by law.



(3) the request for repeating the test candidate accompanied by proof of payment of

the fee required by law.



(4) an application for the establishment of another term or another replacement of the term

the candidate connects



and the document proving the reason for non-participation) to test and



(b) proof of payment of a fee) required by law.



(5) the application that the applicant does not connect the proof provided for in paragraphs

2 to 4 shall be disregarded. ".



4. the following paragraph 4 is added to § 4a, which including the title reads as follows:



"§ 4a



The mode of proof of professional experience



(1) the trainee exam shows professional experience required

law documents, which certify the form, content and time carried out by the

professional practice.



(2) the professional practice ended more than 10 years before the date of submission of the

application for the exam in professional practice required by law

not counted. ".



5. section 5, including the title reads as follows:



"§ 5



Withdrawal of the application



(1) If a candidate takes a request for special exam or exams

insolvency practitioner, an admission fee back to the test or

special test, the insolvency practitioner will not be refunded.



(2) an application for the candidate exam can take back before

the start of the written part of the test; request for execution of specific tests

the insolvency practitioner may take back the latest prior to the candidate

a specific examination of the insolvency administrator. ".



6. In article 6 (1). 1, the words "together with the invitation to pay fee for

admission to the examination "shall be deleted and the words" in this period "shall be replaced by

the words "not later than 3 weeks before the date of the oral part of the exam."



7. In paragraph 6 (1). 2 the words "the exam" are replaced by the words

"the insolvency administrator and the invitation to the oral part of the exam," after the words

"the venue" with the words "oral part" and the number "4" is replaced by

the number "3".



8. section 7 and 7a, including headings:



"section 7 of the



The examination Board for the test



(1) the examination Board for the test are five. The members of the examination Commission

appointed and recalled by the Minister of Justice. The members of the examination Commission shall

have completed higher education in master's degree program in

Economics or in law.



(2) the examination Board is quorate if at least 3 of its

members.



(3) the examination Board shall decide by an absolute majority of its members;

in case of equality of votes the Chairperson's.



(4) the Chairman of the Commission appointed by the Minister of Justice trial.



(5) the Chairperson of the examination Board, and in his absence by authorized Member

test the Commission manages the progress of the test.



Section 7a



The examination Board for a specific test of insolvency administrators



(1) the examination Board for a specific test of insolvency administrators is

against and is steady. The members of the examination Board appointed and recalled by the Minister

Justice, of which two members, in agreement with the Governor of the Czech national

of the Bank. The members of the examination Commission shall have completed higher education

Master's degree program in economics or in law.



(2) the examination Board is quorate if at least 5 of its present

members.



(3) the examination Board shall decide by an absolute majority of its members;

in case of equality of votes the Chairperson's.



(4) the Chairman of the examination Board appointed and recalled by the Minister of Justice.



(5) the Chairperson of the examination Board, and in his absence by authorized Member

test the Commission manages the progress of the test.



(6) the Applicant may, in the course of a specific examination of the insolvency administrator

consult with the consent of the President of the Commission to test AIDS referred to in §

9. 4. ".



9. in section 7b, the words "and the candidates have the right to" be deleted and the word

"impartiality" is replaced by "impartiality".



10. In section 7b of the present text shall become paragraph 1 and the following

paragraphs 2 to 4 shall be added:



"(2) the Applicant shall have the right to object to bias the members

the Evaluation Commission, at the latest before the beginning of the test; shall be

the Chairman of the examination Committee advised. Raised by the opposition of bias does not prevent

the execution of the test.



(3) a written justification for the objection referred to in paragraph 2 is to bias the tenderer

obliged to send to the Ministry not later than 10 days from the date of

tests, including the Member of the Commission, against which the test

the claim of bias, and evidence to suggest a case-hardened

bias. To the objection raised by the bias, which was appropriately and in a timely manner

justified, shall be disregarded.



(4) properly and duly reasoned challenge bias Department of up to 5

working days from the date of its delivery shall assess and at the same time send

notice to candidates about how pending objections. If the motion is

bias warranted to evaluate the tests shall be disregarded and the Ministry of

lets exam candidates in the nearest spare time; a member of the

the Evaluation Commission will not be a person whose bias was raised. ".



11. section 9, including the title reads as follows:



"section 9



The written part of the exam



(1) the Written part of the exam is held in the form of the test, and case studies.



(2) the Written part of the exam lasts for a maximum of 6 hours. At the latest after the expiry of the

This time, the applicant is required to deliver a written work, even in the case

that is not complete.



(3) the written part of the test is non-public.




(4) in the course of the written part of the exam candidate can use as AIDS

the text of the legislation and the calculator.



(5) case study will be evaluated only when the correct

answering at least 80% of the questions in the test.



(6) the Applicant succeeded in written part of the test, if the total

reviews prepared by case studies, intended as an arithmetic average

percentage rating case studies of both members of the Commission for

reviews of case studies, achieve at least 80%. If the total

reviews prepared by the case studies did not reach at least 80% and at the same time

one member of the Commission for the evaluation of the case studies reviewed by

prepared by the case study of at least 80%, will be prepared by the case

the study submitted to the Commission for a test which test within 5 weeks from the date of

the holding of the written part of the exam will assess under section 7, whether the candidate had done

the written part of the test. If the candidate in the written part of the test,

repeated when repetition test and its always part of it.



(7) on the outcome of the written exam, the Ministry shall inform the applicant of the

its website. ".



12. under section 9 shall be added to § 9a, which including the title reads as follows:



"§ 9a



The Commission for the evaluation of case studies



(1) the Commission for the evaluation of the case studies are two. The members of the

the Commission, appointed and recalled by the Minister of Justice. Members of the Commission must

have completed higher education in master's degree program in

Economics or in law.



(2) each Member of the Commission in the evaluation case studies assessing the level of

the solution of the specified problem or situation, the ability to model application

the basic principles and provisions of the insolvency law and knowledge

necessary for the performance of the function of the insolvency practitioner referred to in § 3 (1).

2 and how the writing abilities of the applicant.



(3) the members of the Commission conducts reviews of the case study separately.



(4) the members of the Commission shall be drawn up to rated case study report

contains the identification of case studies, the theme of the case studies,

a brief assessment of the case studies, the percentage of reviews case

the study, the date of preparation of the report and the name and surname of the Member of the Commission.

Members of the Commission shall forward the opinion drawn up by the Ministry not later than 1

a week from the date of the written part of the test. ".



13. in paragraph 10 of the text at the end of paragraph 2, the words "or up to 5 weeks

from the date of the assessment pursuant to § 9 para. 6 the second sentence ".



14. section 11 including the title reads as follows:



"section 11



Non-participation on the test



(1) the tenderer of its non-participation on the test properly and timely examination,

evaluate the degree of.



(2) if the applicant is unable to attend due to serious reasons, within a specified

a trial date for written or oral part of the exam and its non-participation

the Ministry in writing without undue delay after the apology, what about these

the reasons, however, in the latest finds out day date written or oral part

the test, the test can be done in a different time limit laid down by the Ministry of

on the basis of his application for the establishment of another term.



(3) if the applicant is unable, for reasons worthy of special consideration

to appear in another time limit laid down by the Ministry of the written or oral

part of the exam and its non-participation to the Ministry in writing without excuse

undue delay after such reasons but at least know

on the day of the deadline written or oral part of the exam, the exam can be done in

another alternate time limit laid down by the Ministry on the basis of its

application for the establishment of another of the replacement term.



(4) if the candidate his abstention from the examination in a timely manner, the test can be done

the test on a different date or at a different replacement deadline

the Ministry on the basis of his application for the establishment of another term or

another of the replacement of the term, if this application connects a written apology

and it proves that their non-participation on the test could not apologize in time for reasons of

Special lodging ".



15. in article 13, paragraph 2 reads as follows:



"(2) the annexes to the Protocol are written test, case studies and testimonials

members of the Commission for the evaluation of case studies. ".



Article. (II)



Transitional provision



On the content, and other elements of the test after the effective date of

This order is subject to the provisions of Decree No. 312/2007 Coll., as amended by

effective after the date of entry into force of this Decree.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. August 2013.



Minister:



Mgr. B in r.