Amendment Of The Commercial Code And Some Other Laws

Original Language Title: změna obchodního zákoníku a některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55449&nr=88~2F2003~20Sb.&ft=txt

88/2003 Coll.



LAW



of 26 March. March 2003,



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

amended, Act No 40/1964 Coll., the civil code, as amended by

amended, law No 99/1963 Coll., the code of civil procedure, in

as amended, Act No 591/1992 Coll. on securities,

as amended, law No 358/1992 Coll., on notaries and

their activities (notarial regulations), as amended, law No.

370/2000 Coll., 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, in the wording of later regulations, as amended by

Act No. 501/2001 Coll. and the finding of the Constitutional Court declared under no.

476/2002 Coll., Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations, in wording of later regulations, and act

No. 455/1991 Coll., on trades (Trade Act), in the

as amended



Change: 89/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



cancelled



Article. (I)



cancelled



Article II



cancelled



PART THE SECOND



cancelled



Article. (III)



cancelled



PART THE THIRD



To change the code of civil procedure



Article IV



In § 109 paragraph. 2 (a). (c)) of Act No 99/1963 Coll., the code of civil procedure, in

the text of Act No. 370/2000 Coll., Act No. 501/2001 Coll. in the wording of the award

The Constitutional Court declared under no. 476/2002 Coll., the part of the sentence for

a semicolon is added: "this does not apply in proceedings for permission to write to the business

the register ".



PART THE FOURTH



cancelled



Article. In



cancelled



PART THE FIFTH



Change the order of the notary



Article VI



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

the text of Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 317/2001 Coll., Act No. 352/2001

Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., the finding of the constitutional

the Court declared under no. 349/2002 Coll. and the finding of the Constitutional Court

declared under no. 476/2002 is amended as follows:



1. In section 80 c after paragraph 1 the following paragraph 2 is added:



"(2) in the case of decisions which the authority of the company confirms compliance with the

the conditions laid down by law, shall be not later than on the day of the hearing, the

which has to be taken, of which the notary minuted, notaries

submitted written evidence, which shows that these conditions were

completely satisfied (for example, the Charter of the Bank and the underwriters). Notary in

the minutes shall indicate the notarial law what documents have been presented to him, if they are

prescribed their requirements for these elements, and that of the documents

It follows that the prescribed conditions have been met. ".



Paragraph 2 becomes paragraph 3.



2. In section 80d paragraph. 1 (a). and) the words "§ 80 c of paragraph 1. 1 "shall be replaced

"and 2".



PART SIX



Amendment to Act No. 370/2000 Sb.



Article. (VII)



In the article. VII of 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. and the finding of the Constitutional Court declared

under no 476/2002 Coll., point 3 is added:



"3. the Used-if the legislation effective from 1. January 2001 term

"business name" means according to the nature of things "commercial company" or

"the company, the name and surname of the natural person, including the Appendix, or the name of the

a legal person ".



PART SEVEN



The amendment of Act No. 219/2000 Sb.



Article. (VIII)



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. and the finding of the Constitutional Court declared under no.

476/2002 is amended as follows:



1. In section 28 paragraph. 1, the first sentence shall be replaced by the phrase "the State may establish

commercial company or participate in its formation, only in the form of

joint-stock company. 45) ".



2. In section 28 paragraph. 1, the second sentence shall be inserted after the phrase "to the establishment of the joint-stock

the company or participating in its formation is required prior

the consent of the Government; at the same time, the Government shall determine whether the shares will be sound in the name

or the owner ".



3. In section 28 paragraph. 2 the first sentence, the comma after the word "Ministry"

replaced by a dot and the remaining part of the sentence is deleted.



4. section 29 reads:



"§ 29



To establish public benefit společnost46) and establish a foundation or endowment

fond47) or to participate in the establishment of such a foundation and can only happen with the

the prior consent of the Government. At the same time, the Government provides that the Ministry of

on behalf of the State to exercise the function of the founder or of the founder.

The provisions of § 28 paragraph. 2 the second sentence shall apply mutatis mutandis. ";"



5. § 54 paragraph 1 reads:



"(1) State contributory organizations established or controlled by

the existing regulations of the central authorities, local authorities and schools

authorities and further Consolidating Bank Prague, State financial institution, and other

the State organisation established (based) on the basis of specific legal

Regulation or a special legal regulation, in relation to property

not yet exercised the right of economic management, where applicable, the right of the common

According to the existing legislation, or to management that will still apply mutatis mutandis

established (based), (hereinafter referred to as "the Organization"), are legal persons and

Managing with assets (§ 8). It is governed by a specific legal

provisions and those provisions of the Act that apply to

organisational components appropriate to manage the property in accordance with section 9, unless it is

about the acts reserved to the only government departments. Current receivables and other

property rights organizations for the purposes of this Act, be deemed to

assets (§ 8). The scope of this Act shall not apply to state-owned enterprises

established pursuant to Act No. 77/1997 Coll., on the State of the enterprise, in the text of the

amended, including those that are considered to be formed under the

of the Act, the State organization that is referred to by law in

the extent provided for in a special law governs, and the Budweiser

Budweiser Budvar, national enterprise. The management of these government organizations govern

special legislation. ".



PART EIGHT



Amendment to the Trade Licensing Act



Article. (IX)



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., Act 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. 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. and the award

The Constitutional Court declared under no. 476/2002 is amended as follows:



1. in annex No. 3 in the Group 314-the other is in column 1-"scope"

the following text "thermal energy Production and distribution of thermal energy,

not subject to licence) of the sources of thermal energy with

the installed power of one source over 50 kW ".



2. in annex No. 3 in the Group-314 others in column 2-

"The required support and other special eligibility under section 27. 1 and 2

trade law, "added text") and higher education

technical direction and 3 years experience in the business, or (b)) the full secondary vocational

education, technical direction and 6 years experience in the field of heat sources
power to the installed power of 1 MW, including a separate distribution

the device of thermal energy with an installed power up to 1 MW, including

It is sufficient) and apprenticeship and 3 years experience in the field, or b) certificate

about retraining to operate small energy sources ".



3. in annex No. 3 in the Group-314 others in column 3-"Conditions,

which is required under section 27, paragraph. 2 the Trade Licensing Act "

added text "the natural or legal person requesting the grant of a

the concession and is not licensed for the production of thermal energy and the license on the

distribution of thermal energy, *) must demonstrate that it has the technical capability to

ensure the performance of the concession activity, **) and that this activity does not

threat to the life and activities of the persons, property, or interest, on the protection of the

environment. Natural or legal person requesting the granting of concessions,

must have insurance liability ".



4. in annex No. 3 in the Group-314 others in column 4-"authority

the State administration, which is expressed on the application of the concession, "the following text

"The State Energy inspection".



5. in annex No. 3 in the Group-314 others in column 5-"Note"

the following text ") Law No. 458/2000 Coll., on conditions for business and

the performance of State administration in energy sectors and amending certain

laws (Energy Act), as amended by later regulations) section 7 (b).

and (c))) Decree No. 154/2001 Coll., laying down the details of the

licensing for business in the energy sectors ".



PART NINE



The EFFECTIVENESS of the



Article. X



This law shall enter into force on 1 January 2005. April 2003.



Zaorálek in r.



Klaus r.



Spidla in r.