Amendment Of The Commercial Code

Original Language Title: změna obchodního zákoníku

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80119&nr=179~2F2013~20Sb.&ft=txt

179/Sb.



LAW



of 11 December 1997. June 2013,



amending the Act No. 513/1991 Coll., the commercial code, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 513/1991 Coll., the commercial code, as amended by Act No. 265/1992

Coll., Act No. 586/1992 Coll., Act No. 600/1992 Coll., Act No. 283/1993

Coll., Act No. 154/1994 Coll., Act No. 84/1995 Coll., Act No. 94/1996

Coll., Act No. 142/1996 Coll., Act No. 77/1997 Coll., Act No. 15/1998

Coll., Act No. 167/1998 Coll., Act No. 359/1999 Coll., Act No. 27/2000

Coll., Act No. 29/2000 Coll., Act No. 30/2000 Coll., Act No. 105/2000

Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No. 120/2001

Coll., Act No. 239/2001 Coll., the Act No. 353/2001 Coll., Act No. 501/2001

Coll., Act No. 15/2002 Coll., Act No. 125/2002 Coll., Act No. 126/2002

Coll., Act No. 151/2002 Coll., Act No. 312/2002 Coll., Act No. 309/2002

Coll., Act No. 312/2002 Coll., Constitutional Court declared under no.

476/2002 Coll., Constitutional Court declared under no. 87/2003 Coll.

Act No. 88/2003 Coll., Act No. 441/2003 Coll., Act No. 85/2004 Coll.

Act No. 256/2004 Coll., Act No. 360/2004 Coll., Act No. 484/2004 Coll.

Law No. 499/2004 Coll., Act No. 554/2004 Coll., Act No. 179/2005 Coll.

Act No. 216/2005 Coll., Act No. 377/2005 Coll., Act No. 413/2005 Coll.

Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll.

Act No. 81/2006 Coll., Act No. 309/2006 Coll., Act No. 261/2007 Coll.

Act No. 296/2007 Coll., Act No. 344/2007 Coll., Act No. 36/2008 Coll.,

Act No. 104/2008 Coll., Act No. 126/2008 Coll., Act No. 130/2008 Coll.,

Act No. 230/2008 Coll., Act No. 215/2009 Coll., Act No. 217/2009 Coll.,

Act No. 227/2009 Coll., Act No. 230/2009 Coll., Act No. 285/2009 Coll.,

Act No 420/2009 Coll., Act No. 152/2010 Coll., Act No. 409/2010 Coll.,

Act No. 427/2010 Coll., Act No. 188/2011 Coll., Act No. 351/2007 Coll.

Act No. 355/2007 Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll.

Act No. 167/2009 Coll., Act No. 202/2012 Coll., Act No. 396/2012 Sb.

and Act No. 503/2009 Coll., is amended as follows:



1. section 38b is inserted:



"section 38b



(1) the Division of a legal entity (hereinafter referred to as "the Division") to

commercial register of the company or of a legal person

notation that the demerger could lapse or the secession of part of the

its capital, with an indication of the company, location and identification numbers of all

the succession of legal persons. When writing cross-border distribution

writes and write the acquiring legal entity in the foreign

the foreign trade register, including the number of such entry.



(2) the acquiring person shall be entered



and in the split of the formation) of new legal entities, in addition to data

being written in the formation of the legal person, the fact that it was splitting,

It passed over the assets of the company legal person, which was mentioned in

the project, the company, the registered office and number of the legal person,

the demerger was established, and the company, the registered office and identification numbers

other legal entities, which at the same time splitting; It

shall apply mutatis mutandis for the secession of the formation of new companies,



(b)) When splitting by merging of legal persons, a statement that went her

the assets of the company legal person, which was mentioned in the project

splitting the company, registered office and identification number of the legal person, who

demerger and business, location and identification numbers of other

legal persons, to which other parts of the assets of the company were transferred

legal person, and any changes not yet written data about the recipient

a legal person; This applies mutatis mutandis for divestment by the merger.



(3) identification number with the foreign legal person is entered only

in the case that it has been assigned. ".



2. In paragraph 263 para. 1 the words "341, 344, 365, § 369a para. 4 to 7, § "

replaced by the words "§ 340 para. 4 to 6, § 341, 343a, 343b, 344, 365, ".



3. In paragraph 340, the following paragraphs 3 to 6 shall be added:



"(3) the price for the supply of goods or services in relations under section

paragraph 261. 1 or the obligation to deliver the goods or provide the service for a fee

to the debtor, the debtor is obliged to pay in 30 days



and) the date on which it was delivered to the invoice or other similar challenge

the nature,



(b)) and without a call for implementation



1. from the date of delivery of the goods or of rendering of the service, if it is not possible to determine the

day of receipt of the invoice or other challenges of a similar nature, or if he

delivered invoice or other challenge of a similar nature before the goods or

the service,



2. from the date of receipt, if the agreed acceptance of the goods or services,

where applicable, verify that the obligation to duly fulfilled, and if he will

delivered invoice or other challenge of a similar nature before taking or

verification of goods or services.



(4) Contracting Parties may arrange a maturity of longer than 60 days

only if it is grossly unfair to the creditor.



(5) if the agreed takeover of the goods or services, where appropriate, to verify that

It was duly fulfilled, such time shall be negotiated taking over or

verification of longer than 30 days. Negotiate the takeover or the verification of time longer than the

30 days can be used only if it is grossly unfair to the creditor.



(6) if the debtor is the contracting authority, the maturity of longer than 30 days

You can negotiate only if it is justified by the nature of the commitment, and the time

maturity does not exceed 60 days, and the day of receipt of the invoice or other

challenges of a similar nature must not be the subject of contractual arrangements; the provisions of the

paragraph 4 shall not apply. The provisions of the first sentence shall also apply to the relations

between the lender and the subcontractor, where the lender's commitment to the public

the sponsor through subcontractor. ".



4. the following section is inserted after section 340 340a, which reads as follows:



"sec. 340a



The provisions of section 340 shall not prejudice the right of the parties to negotiate the implementation of

in the form of installments. ".



5. the following paragraph shall be inserted after paragraph 343 343a and 343b that including notes below

line # 22:



"§ 343a



Time of performance agreement derogating from section 340 para. 4 to 6 and the agreement on

the amount of the interest on arrears is grossly unfair to the creditor, it is

invalid. Through its invalidity may even legal person created with

order to protect the interests of entrepreneurs ^ 22).



§ 343b



(1) applies, that the agreement excluding interest on arrears is grossly unfair.



(2) it is understood that the deal, which excludes reimbursement of costs associated with the

application of claims, is grossly unfair.



22) directive of the European Parliament and of the Council of 2011/7/EC of 16 December 1999. February

2011 on combating late payment in commercial transactions. ".



6. In paragraph 369 is at the end of paragraph 1, the following sentence "the lender has interest

the delay be entitled to reimbursement of a minimum amount for costs associated with the

by applying their claims to the extent and under the conditions laid down in regulation

Government. ".



7. § 369a, including footnote # 18 repealed.



Article. (II)



Transitional provision



If there is a delay in the fulfilment of the obligation before the date of entry into force of

This law, the effects of this delay shall be assessed according to the existing

legislation.



Article. (III)



The effectiveness of the



This Act shall take effect on the first day of the first calendar month

following the date of its publication.



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