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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