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.