437/2003 Coll.
LAW
Dated 25 November 2003
Amending Act no. 563/1991 Coll., On Accounting, as amended
regulations, and some other laws
Change: 237/2004 Coll.
Change: 89/2012 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Change in Accounting Act
Article I
Act no. 563/1991 Coll., On Accounting, as amended by Act no. 117/1994 Coll.
Act no. 227/1997 Coll., Act no. 492/2000 Coll. and Act no. 353/2001
Coll., is amended as follows:
First In § 1, paragraph 1, including footnote no. 1) reads:
"(1) This Act provides, in accordance with European Community ^ 1)
scope and method of accounting and the requirements for its relevance.
1) Fourth Council Directive of 25 July 1978 based on Art. 54
paragraph. 3 point. g) of the Treaty on the annual accounts of certain types
companies (78/660 / EEC), as amended by Council Directive 83/349 / EEC, 84/569 / EEC
89/666 / EEC, 90/604 / EEC, 90/605 / EEC, 94/8 / EC, 1999/60 / EC and Directive
European Parliament and Council Directive 2001/65 / EC. | ||
Seventh Council Directive of 13 June 1983, based on Art. 54 par. 3
point. g) of the Treaty on consolidated accounts (83/349 / EEC), as amended by Council Directive
89/666 / EEC, 90/604 / EEC, 90/605 / EEC and Directive
European Parliament and Council Directive 2001/65 / EC. Regulation (EC) no. 1606/2002
European Parliament and of the Council of July 19, 2002, on the application of international accounting standards
. ".
Second In § 1 par. 2 letter d) reads:
"D) natural persons who are registered as entrepreneurs in the commercial register
".
Third In § 1 para. 2, the following points e) to h), including notes that
footnote. 1a) and 1b), added:
"E) other natural persons who are entrepreneurs, if their turnover
according to the Law on Value Added Tax, ^ 1)
including taxable transactions exempt from this tax, exceeded the immediately preceding calendar
year 6 000 000 CZK, from the first day of the calendar
year; in turnover does not include income from operations, which shows all the signs
business, in addition to the character that is carried
entrepreneur
f) other natural persons who keep their accounts on the basis of its
decision
g) other natural persons who are entrepreneurs and participants
unincorporated associations under a special legal || | prescription-1b) when at least one of the participants of this association is
person referred to in subparagraphs a) to f) or h), or
h) other individuals, which imposes an obligation bookkeeping || | special legislation
1) § 2 para. 2 point. c) of the Act no. 588/1992 Coll., on VAT
value, as amended.
1b) § 829 and following of the Civil Code. ".
Fourth § 2, including the heading reads:
" § 2
Subject of accounting
Entity accounts for the state and movement of property and other assets, liabilities
and other liabilities, expenses and income and profit. ".
Fifth in § 3 para. 1, first sentence after the word "charge" the words
"with dual listings."
sixth in § 3 para. 1, second sentence, the number "2" is replaced by "8" and the words "
while of all costs and revenues are recognized only when they
actual payment or receipt "is deleted.
seventh in § 3 para. 2 fifth sentence, the words" after the end of the calendar year "are inserted
the words "or the marketing year."
eighth in § 3 para. 2 sentence of the sixth, after the word "mold" the words "(hereinafter
" the conversion of the company '). "
|| | ninth in § 3 para. 2 sentence of the seventh, the words "the dissolving entity"
replaced by "participating entities."
10th in § 3 para. 2 sentence eighth and ninth, including current
notes under line no. 1) repealed.
11th in § 3, paragraph 3, including footnote no. 1c) reads:
"(3) Entities that are not organizational unit of the state, territorial
government unit or entity caused or constituted
special act 1c ^) may apply marketing year. Redeem
fiscal year can only stating the intention to change the accounting period
the local tax income for at least three months before the planned change
reporting period, otherwise the accounting period remains unchanged
. Similarly, an entity, even from
marketing year to the calendar year.
1c) For example Act no. 111/1998 Coll., On universities and on changes and amendments to other Acts
, as amended by Act no. 210/2000 Coll. and Act no. 147/2001 Coll
.. "
12th § 4 including footnotes. 1d), 2) to 7) as follows:
" § 4 | ||
(1) Entities mentioned in § 1 par. 2 point. a) and c) are obliged to keep accounts
date of its establishment until the day of their demise;
accounting units mentioned in § 1 par. 2 point. b) they are obliged to keep accounts
after start-up until the day of termination of activities in the Czech Republic
.
(2) Entities mentioned in § 1 par. 2 point. d) they are obliged to keep
accounting from the date of registration in the commercial register until the day
deletion from the Commercial Register, suffered when their obligation to keep accounts according
§ 1. 2 point. e), g) or h).
(3) Entities mentioned in § 1 par. 2 point. e)
are obliged to keep accounts on the first day of the financial year following the calendar year
, which became the entity until the last day
accounting period in which they ceased to be an entity, if none | || their obligation to keep accounts pursuant to § 1 par. 2 point. d), g) or h).
(4) Entities mentioned in § 1 par. 2 point. f) they are obliged to keep
accounts from the first day of the accounting period following the period in which
decided to keep accounts, unless it decides to keep accounts
from the date of commencement of business or other gainful activity || | up to the date of cessation of those activities, or to the last day of the reporting
period in which they have decided to terminate the bookkeeping, and none if they
obligation to keep accounts pursuant to § 1 par. 2 point. d), e), g) or h
).
(5) Entities mentioned in § 1 par. 2 point. g) are obliged to keep
accounts from the first day of the accounting period following the period in which the
A) become members of associations or
B) any of the members of the association became the entity until
last day of the accounting period in which they cease to be participants
association incurred when their obligation to keep accounts in accordance with § 1 para. 2 | || point. d), e) or h).
(6) Entities mentioned in § 1 par. 2 point. h) are obliged to keep
accounting from the date of commencement of operations up to the date of termination, unless
unless a special law, and none if they
obligation to keep accounts pursuant to § 1 par. 2 point. d), e) or g).
(7) With the exception of termination may be an entity under § 1 par. 2
point. d) to h) terminate bookkeeping soon after 5
after consecutive accounting periods, which resulted in accounting.
(8) Accounting units are obliged to follow accounting
particular chart of accounts, the classification and identification
Financial Statements and Consolidated Financial Statements, content definition of these
statements and accounting methods. Implementing legislation depending on the nature
entities and their activities adjusted
A) the extent and manner of preparing the financial statements
B) ordering, labeling and content of items of property and other
assets, liabilities and other liabilities in the financial statements
C) ordering, labeling and content of the expenses, revenues and
financial results in the financial statements
D) the structure and substance of explanatory and supplementary
disclosures in the financial statements, including information about waste
state budget funds and local budgets,
E) layout and content of the statement of cash flows and
statement of changes in equity
F) chart of accounts,
G) accounting methods, particularly valuation methods and their application procedures
creation and use of allowances, depreciation, making
procedures and use of reserves,
H) the method of transition from a simple accountancy according
special Act 1d) on accounting
I) ordering, labeling and content of items
consolidated financial statements
J) methods of consolidating financial statements and
K) process including entities in the consolidated group
not for individual groups of entities
National Property Fund of the Czech Republic and the Land Fund of the Czech Republic.
(9) Accounting units are obliged to keep one accounting financial
unit as a whole.
(10) Accounting units are obliged to keep accounts as a system
accounting records; They can choose to use the technical resources
carriers of information and software. Accounting record means data
which are a record of all the facts relating to the management
accounting. Every fact related to bookkeeping accounting
entities are obliged to record exclusively accounting records.
(11) The financial records can be grouped into aggregate
accounting records; such accounting records are particularly
accounting documents, accounting records, books, depreciation plans, stocktaking
lists, chart of accounts, financial statements and annual report.
Accounting units are obliged to maintain accounting records to lead at least to the extent
provided by this Act.
(12) Accounting units are obliged to keep accounts in monetary units
Czech currency. In the case of receivables and payables, shares
trading companies, ^ 2) ^ 3 securities) and derivatives; 4) Securities,
when expressed in foreign currency, foreign currencies, ^ 5) Except || | gold, entities are required to apply at the same time and foreign currency; This obligation applies even
provisions, reserves and technical provisions, ^ 6)
if the assets and liabilities to which they relate, are denominated in foreign currency.
(13) Accounting units are obliged to keep accounts in the Czech language.
Accounting documents may be written in a foreign language only if the condition
clarity pursuant to § 8. 5th
(14) The information system under a special legal regulation 7)
accounting can be regarded only as a whole.
(15) Entities are required in the relevant accounting period
use accounting methods in accordance with paragraph 8 as it stood at the beginning.
1d) Act no. 586/1992 Coll., On income taxes, as amended
regulations.
2) § 61 of the Commercial Code.
3) Act no. 591/1992 Coll., On Securities, as amended
regulations.
4) § 8a of the Act no. 591/1992 Coll., On Securities, as amended by Act no.
15/1998 Coll., Act no. 70/2000 Coll., Act no. 362/2000 Coll ., Act no. 501/2001 Coll
., Act no. 308/2002 Coll., Act no. 476/2002 Coll. and Act No.
. 88/2003 Coll.
5) § 1 point. d) of the Act no. 219/1995 Coll., the Foreign Exchange Act, as amended by Act No.
. 482/2001 Coll.
6) Act no. 363/1999 Coll., On insurance and amending certain
related acts (the Insurance Act), as amended
regulations.
7) For example, Act no. 101/2000 Coll., On protection of personal data and amending certain laws
, as amended, Act no. 148/1998 Coll.
On the protection of classified facts and change some acts, as amended
.. "
13th in § 7 para. 6 after the word" liabilities "the words" as well as
funds of the state budget and funding | || local budgets "and the words" or
expenditures and revenues "are deleted.
14th in § 8 par. 5 in the introductory part of the text, the words" subject to the provisions of § 4
Sec. 7 "are deleted.
15th in § 8. 5 point. a) the number" 2 "is replaced by" 8 ".
16th in § 8. 5 point . b) the number "4" is replaced by "10".
17th title in the second, the words "accounting system" is replaced
"RANGE oF BOOKKEEPING."
18 . § 9 including the title and footnotes. 8) 8) 9) 10) 10a) and
10b) reads:
"§ 9
Range bookkeeping
(1) Unless otherwise provided in this Act or a special legal regulation, accounting
units are obliged to keep accounts in its entirety.
(2) an entity referred to in § 19 para. 9 and § 23a while keeping
accounting by fully applying the method in accordance with these provisions.
(3) Entities under § 1 par. 2 point. a) and b) can lead
simplified range of accounting
A) civic associations, their organizational units ^ 8)
which have legal personality, churches and religious communities ^ 8a)
or religious institutions that are religious legal entity ^ 9) charitable || | companies hunting communities, ^ 10), endowment funds, and community
unit owners, 10a ^)
B) housing cooperatives, which are not obliged to have their financial statements verified by an auditor
, and cooperatives that are established solely for the purpose
ensuring economic, social or other needs of its
Members-10b)
C) local governments and voluntary associations of municipalities,
D) subsidized organizations for which will be decided its founder
E) any other entity for which this special law.
(4) Entities under § 1 par. 2 point. c) keep accounts in
simplified range.
(5) Entities under § 1 par. 2 point. d) to h) may lead
simplified range of accounting those that do not have an obligation
financial statements audited, or those for which it provides special
law.
(6) The obligation to keep accounts in full entity has always
no longer fulfills the conditions set out in paragraph 3 or 5 for guiding
simplified range of accounting; bookkeeping in
simplified extent the entity can go if it satisfies
conditions set out in paragraph 3 or 5 for bookkeeping in
simplified range. Changes in the scope of bookkeeping can be done
of the first day of the accounting period following the accounting period in which the entity
discovered these facts.
8) § 6 para. 2 point. e) of the Act no. 83/1990 Coll., on association of citizens
amended by Act no. 68/1993 Coll.
8a) § 6 para. 1 of Law no. 3/2002 Coll., On freedom of religion and
status of churches and religious societies and amending some laws
(Law on Churches and Religious Communities), as amended Law no. 4/2003 Coll
.
9) § 16 para. 1 of Law no. 3/2002 Coll., As amended by Act no. 4/2003 Coll.
10) § 19 of Act no. 449/2001 Coll., On hunting, as amended by Act no. 59/2003 Coll
.
10a) Act no. 72/1994 Coll., Regulating some
co-ownership relationships to buildings and some ownership of flats and non-residential premises
and supplementing certain acts (ownership) in | || amended, and the Constitutional court ruling promulgated under no.
280/1996 Coll.
10b) § 221 paragraph. 1 of the Commercial Code. ".
19th in § 11 para. 1, the last sentence is replaced by the sentences" facts according
letters a) through f) concerning one accounting document can be
contained on multiple accounting records. The facts referred to in subparagraphs b) and c)
may relate to multiple accounting cases. Signature by letter f)
may be common to multiple accounts. ".
20th title in § 13, the words" double-entry bookkeeping "is deleted.
21st V § 13 para. 1 in the introductory part of the text, the words "keeping records in
double-entry bookkeeping" is deleted and the word "charge" is replaced
"charge, unless stipulated otherwise."
22. § 13 the following § 13a, including the heading and footnotes
line no. 11a) and 11b) reads:
"§ 13a
Simplified range of accounting
(1) Entities that keep a simplified range
A) compiled chart of accounts, which may indicate only account group,
it does not require special legal regulations 11a) breakdown detailed,
B) may join the daily accounting to accounting general ledger,
C) apply the provisions of § 25 par. 2, with the exception of depreciation,
D) apply the provisions of § 26 par. 3 relating to reserves and adjustments
items, except for provisions and allowances under special
law-11b)
E) apply the provisions of § 27, with the exception of § 27 para. 3 in converting
housing cooperatives,
F) prepare financial statements to the extent specified for individual groups
Entities (§ 4 para. 8) implementing legislation.
(2) Entities that keep a simplified range
accordance with paragraph 1, not to apply the provisions of § 13 para. 1 point. c) and d).
(3) Application of the procedure under paragraphs 1 and 2 shall not constitute breach of the provisions of § 3
. 1 and § 7 para. 1 and 2
11a) For example, § 45 of the Act no. 218/2000 Coll., On budgetary rules and
amending certain related laws (budget rules), as amended
Act no. 141/2001 Coll. and Act no. 187/2001 Coll.
11b) For example Act no. 593/1992 Coll., On Reserves for the base
income tax, as amended. ".
23rd in § 14 para. 1, first sentence the words "or the costs and revenues" are deleted
.
24th in § 14 para. 1, the last sentence deleted.
25th § 15 including the heading and footnotes . 11) is deleted.
26th In § 16 para. 2, "and the auxiliary books" are deleted.
27th In § 17 paragraph 1 to 3, including footnote no. 11c) added:
"(1) Unless otherwise stated below, the entity opens accounting books
a) the date on which the obligation to keep records
b) the first day of the accounting period ,
c) the date of entry into liquidation,
d) the day following the date of preparation of the proposal for distribution
liquidation value or the day following the date of preparation of reports on loading
with assets under special laws,
e) the date by which the effects of bankruptcy,
f) the date on which the authorization takes effect compensation
g) to day, which takes effect enforced composition was confirmed
h) the day following the date on which the certificate takes effect
compensation
i) the day following the date on which takes effect fulfillment
forced settlement,
j) the day following the date on which the revocation takes effect
bankruptcy or
k) for a date for opening balance sheet provides special || | legislation.
(2) Unless otherwise stated below, the accounting unit closed accounting books
A) the date of termination of the obligation to keep records
B) the last day of the accounting period
C) the day before the entry into liquidation,
D) the date of dissolution without liquidation with the exception of mergers and
cooperatives
E) the day before, which takes effect
declaration of bankruptcy,
F) the date preceding the date on which the authorization takes effect
compensation
G) the day before, which takes effect
confirmation of the enforced composition
H) to date, which takes effect confirmation compensation
I) to date, which takes effect fulfillment of the enforced settlement,
J) to date, which takes effect cancellation of bankruptcy or
K) for a date for closing the books and preparing financial statements
determined by special legislation.
(3) Entities involved in the transformation
companies open accounting books as of the date of the transformation of society and keep accounts
separately from the effective date of conversion from the day of registration of the transformation
company in the Commercial Register. Successor entity adjusts
accounting participating entities at the date of registration of the transformation
company-11c) with effect from the effective date. At the date of registration of the transformation
company in the Commercial Register, the day before or the day
following the date of registration of the transformation in the Commercial Register
does not prepare financial statements.
11c) For example, § 220a paragraph. 3 point. g) of the Act no. 513/1991 Coll., the Commercial
Code, as amended by Act no. 370/2000 Coll. ".
28th in § 17 paragraphs 4-6 deleted.
paragraph 7 is renumbered 4.
29th in § 17 para. 4 of the first sentence the words "the transformation of the company or
cooperatives" are replaced by "transformation of society."
| || 30th in § 17 para. 4 second sentence after the word "unit" in the words
"only on the grounds that the content of financial statements
correspond to the real situation."
31st in § 18 par. 1 in the introductory part of the text, the words "keeping records in
double-entry bookkeeping" is deleted.
32nd in § 18 par. 1 at the end of letter b) a comma and semicolon replaces || | the words "National property Fund of the Czech Republic, Land Fund
Czech Republic and state funds and the income statement are not compiled".
33rd in § 18 par. 1 at the end of the text of letter c) the words ";
Appendix also contains information on the amount of payables due to
social security contributions and the state employment policy,
amount of outstanding liabilities of the public health insurance and the amount
registered tax arrears with the local financial
authorities. "
34th in § 18 par. 2 point.), the words" business name or another "
replaced by 'name, company name or" and the words
" point. d) "the words" to h). "
35th in § 18 par. 2 in the final part of the text, the words" point. d) "
words" to h). "
36th in § 18 paragraph 3 reads:
" (3) The entity prepares its financial statements in full or
simplified range. Unless specified otherwise in this Act, simplified
range can compile financial statements of an entity that is not
Required to have audited financial statements with the exception of equity
companies that prepare their financial statements in full. ".
37th in § 18 paragraph 4 is repealed.
38 . In § 19 para. 1, sentence first and second sentences are replaced by "accounting
units prepare financial statements at the balance sheet date, which is the day when
closing the books. The annual financial statements are compiled by an entity
the last day of the accounting period, and in other cases compiled
extraordinary financial statements. ".
39th in § 19 para. 1 last sentence, the words" and 2 " deleted.
40th in § 19 para. 3 first sentence, the words "may assemble entity"
replaced by "entities produce."
41st in § 19 of the end of paragraph 3 the sentence "Entities by
§ 1. 2 point. a), b) and d) to h) that are beneficiaries of
state budget or local government budgets and are obliged
these resources to deal
under a special legal regulation-11d) and apply marketing year under § 3 para. 2 and 3,
compiled on 31 December of the calendar year interim financial statements, which apply when
§ 24 par. 2 point. b) and § 24 para. 6
point. b). ".
42nd Footnote. 11d) reads:
" 11d) Act no. 218/2000 Coll., on budgetary rules and amending certain related
acts (budgetary rules), as amended
. Act no. 250/2000 Coll., On budgetary rules
territorial budgets, as amended. ".
43rd in § 19 para. 6 sentence of the fifth and sixth sentences are replaced by" the Information | || deems important (serious) if its omission or misstatement could
impair judgment or decision of a person who uses this information
(hereinafter "user"); for entities under § 1
paragraph. 2 point. c) and local governments that receive
funds from the state budget or managed by them and are obliged
these resources to cope under a special law, 11d)
is deemed important, information about the valuation of intangible assets
in excess of 60 000 CZK and movables or set of movable
things in the amount of CZK 40 000. Information is understandable if it meets
requirements specified in § 8. 5. '.
44th in § 19 par. 7 at the end of the text of the second sentence, the words "other property and
liabilities are considered short-term. "
45th in § 19 par. 7, the third sentence shall be deleted.
46th in § 19 paragraph 9, including the footnotes. 11e) as follows: | ||
"(9) Entities that are commercial companies and are
issuer papírů3) registered in the regulated securities market
securities in the Member States of the European Union will be used for accounting and preparing financial
statements International Financial Reporting standards as adopted by the European Communities
. ^ 11e) regulated market in the Czech Republic
for the purposes of this Act, a public market under a special legal regulation
.
11e) Regulation (EC) no. 1606/2002 of the European Parliament and of the Council of 19
July 2002 on the use of International Accounting Standards. ".
47th existing text of § 20 is renumbered as paragraph 1.
48th in § 20 para. 1 in the introductory part of the text, the words "
financial statements pursuant to this Act" is replaced by "ordinary and extraordinary financial statements
under this Act, with except as provided in paragraphs 2 and 3. "
49th in § 20 para. 1 a) and b) are added:
" a) joint stock companies as at the balance sheet date of the accounting | || period for which financial statements (§ 18 par. 3) verifying and reporting
period immediately preceding, reached or exceeded
least one of three criteria:
First Total assets of more than CZK 40 million; Total assets for the purposes of this Act
meant the sum determined from the balance sheet valuation of unedited
items according to § 26 par. 3,
Second annual net turnover of more than CZK 80 000 000;
annual total net turnover for the purposes of this Act, the amount of revenue net of sales discounts and
divided by the number of commenced months, after which lasted
financial year, multiplied by twelve,
Third the average number of employees during the reporting period more than 50
, determined manner prescribed under a special legal
regulation ^ 12)
B) other companies and cooperatives as at the balance sheet
day of the accounting period for which financial statements (§ 18 par. 3) verifies
and the accounting period preceding the proximate already crossed or || | reached at least two of the three criteria in subparagraph a)
points 1 to 3; in the case of cooperatives with the employee referred to in subparagraph a) of paragraph 3 means well
working relationship between the member and the cooperative. "
50th in § 20 para. 1 point. d) the words" charging double entry | || accounting "is replaced by" h). "
51st in § 20, paragraphs 2 and 3 are added:
" (2) an entity referred to in paragraph 1 shall not
required to have an auditor certified financial statements prepared during the bankruptcy, a period
continuously for 36 consecutive calendar months starting from the first
day of the calendar month following the date on which occurred the effects
declaration of bankruptcy, with the exception of financial statements prepared
at the balance sheet date on which the closing ledger according to § 17 para. 2 point. j).
(3) the entity referred to in paragraph 1 are not required to have an auditor
verification extraordinary financial statements for the balance sheet date on which
are closed books according to § 17 para. 2 point. h) or i)
with the exception of cases where the balance sheet date on which the accounts are closed books
according to § 17 para. 2 point. i) coincides with the balance sheet date, on which the
closing the books according to § 17 para. 2 point. j). ".
52nd § 21 including the title and footnotes Nos. 13a), 13b) and 14) reads:
" § 21
Annual Report
(1) Entities mentioned in § 20 para. 1 point. a) to d)
are required to prepare an annual report, the purpose of which is coherent, balanced and
comprehensively informed about the progress of their performance, operations and existing
economic position. The annual report is not made in cases
specified in § 20 para. 2 and 3
(2) The annual report shall be in addition to the information necessary to fulfill the purpose
annual reports also contain a minimum of financial and non-financial information
A) the facts that occurred after the balance sheet date and are important
for fulfilling the purpose of the annual report pursuant to paragraph 1
B) the expected development of the entity;
C) activities in research and development
D) on activities in the field of environmental protection and labor relations
,
E) whether the entity has an organizational unit in
abroad
F) required under special legislation. ^ 13a)
(3) If the material for the assessment of property and other assets, liabilities and
other liabilities, financial position and profit entity, the entity shall
which uses investment instruments; 4) if applicable
other similar assets and liabilities, noted in the annual report as well as information about
A) objectives and methods of risk management of the company, including its
policy to ensure that all major types of planned transactions, which are used
hedging derivatives, and
B) price, credit and liquidity risks and risks related to cash flow
which the entity is exposed.
(4) The annual report also contains financial statements and audit report
possibly other documents and information under a special legal regulation
. ^ 13b)
(5) Entities mentioned in § 20 para. 1 point. e) drawn
annual report or similar document, if they are obliged
down specific legislation. ^ 14)
(6) For the verification of the annual report by the auditor, the provisions of § 20
analogy.
13a) For example, § 161d. 5 Commercial Code.
13b) of the Commercial Code.
14) For example, § 18 of Act no. 424/1991 Coll., On political
parties and political movements, as amended by Act no. 117/1994 Coll., Act No.
. 296/1995 Coll., Act no. 322/1996 Coll. and Act no. 340/2000 Coll. ".
53rd in § 21 paragraph. 1, first sentence, the words" annual report "shall
words" if required by the copy of the Act or
legal prescription. "
54th in § 22 paragraph 2, including footnotes Nos. 19) and 20) reads:
" (2) The obligation to draw up consolidated accounts for consolidation
whole is an entity that is a commercial company and is the governing party
^ 19) or controlling person. ^ 20), an entity that has
Obligation to prepare consolidated financial statements, is consolidating
entity. An entity that is controlled by a person ^ 19)
controlled entity ^ 20) or in which the consolidating entity
exercises significant influence, has the obligation to submit to the assembly
consolidated financial statements; These entities are consolidated
entities. Substantial interest means
such significant influence on the management or operation of the company under a special law, which is crucial
; ^ 20), unless proven otherwise, shall be deemed
significant influence disposition of at least 20% of the voting rights.
19) § 66a par. 7 of the Commercial Code.
20) § 66a par. 2 of the Commercial Code. ".
55th in § 22 paragraph. 3 of the first sentence after the semicolon including the semicolon
deleted.
56th In § 22 paragraph. 3 point 1, the words "balance sheet total" is replaced
"total assets" and the words "balance sheet total" is replaced by "
total assets."
57th in § 22 para. 3 2 reads:
"2. annual net turnover of more than CZK 700 million;
annual total net turnover for the purposes of this Act, the amount of revenue decreased by
sales discounts, divided by the number of commenced months, after which lasted
accounting period and multiplied by twelve. "
58 . In § 22 paragraph. 3 point 3, the number "500" is replaced by "250".
59th in § 22 paragraph. 3 at the end of the last sentence of the text, the words "and the accounting
entities that are issuers of securities registered
on the regulated securities market. "
60th in § 23, paragraph 2 deleted.
Former paragraphs 3 to 5 shall be renumbered 2 and 4.
61st in § 23 par. 3, second sentence, the words "paragraph 3" shall be replaced
"in paragraph 2".
62nd in § 23 para. 4 sentence first, the words "and any difference in the moments
financial statements" are deleted and the word "equal" is replaced by
"the same".
63rd in § 23, paragraph 6 shall be deleted. || |
64th after § 23 the following § 23a, including the heading reads:
"§ 23a
Use of international accounting standards on consolidation
(1) consolidating accounting units that issuer
papírů3) registered in the regulated securities market in the Member States of the European Union
, used to prepare consolidated financial
statements and annual reports by the International Accounting Standards
adopted by the EU společenství.11e)
(2) Consolidating entity listed in paragraph 1 may
for the preparation of consolidated financial statements and annual reports
use of international accounting standards referred to in paragraph 1. ".
65th in § 24 paragraph 3 reads:
"(3) In the acquisition of more than one ingredient of property transfer or transition, if not
individual fixed assets valued procedure under § 25, appreciated
entity individual fixed assets || |
A) for the acquisition of the business or its part forming a separate organizational
component, even in transforming the company with the exception of changing the legal form
First value of individual components of assets carried in the financial statements
unit, from which the right to the business transferred or passed or
Second valuation of individual components of assets under a special legal
regulation
B) in other cases pro rozúčtováním
total acquisition cost or replacement cost. ".
66th in § 24 after paragraph 3 new paragraphs 4 and 5 are added: || |
"(4) Upon acquisition file movables with separate
technical and economic uses that serve the single purpose or for other files
by the implementing legislation, to appreciate
population as a whole.
(5) Accounting method of valuation of assets pursuant to paragraphs 3 and 4 shall be adjusted
implementing legislation. ".
Former paragraph 4 shall be renumbered paragraph 6.
67th in § 24 paragraph. 6, in the introductory part of the text the word "set" is replaced
word "promulgated."
68th in § 24 para. 6 point. b) the number "6" is replaced by "12" .
69th in § 24, paragraphs 7 and 8, which including footnotes
no. 20a) to 20k) added:
"(7) For the purposes of valuation by paragraph 2. a)
entity may apply for conversion of foreign currency into Czech currency fixed odds, which means
rate established by the internal regulation of the entity under
exchange market announced by the Czech National Bank, used
Entity after a predetermined period of time.
Fixed period must not exceed the period. As an exchange rate based on which
a fixed exchange rate provides an entity uses an exchange rate
announced by the Czech National Bank on the first day of the period for which the fixed rate
used. When using a fixed exchange rate, an entity may
this course has changed its internal regulation and during a specified period;
publication in cases of devaluation and revaluation of the Czech crown must be firm
course always changed.
(8) The provisions of paragraph 7 shall not apply to the entity that the
need of business under special legislation
banking license-20a) authorization to conduct business brokerage
securities-20b ) permission to establish an investment company or investment fund
, @ 20c) permission to establish and operate a pension
fund-20d) license to operate as a credit union-20e)
authorization to carry on insurance or reinsurance activities, ^ 20f) permits
implementation of universal health insurance. ^ 20 g) In addition to the provisions of paragraph 7
apply to the Czech national bank, ^ 20h)
Czech consolidation agency ^ 20i) Czech insurers' bureau ^ 20j) and
general health insurance Company of the Czech Republic. ^ 20k)
20a) Act no. 21/1992 Coll., On Banks. Law no. 58/1995 Coll., On
insurance and financing of exports with state support and supplementing Law No.
. 166/1993 Coll., On the Supreme Audit Office.
20b) Act no. 591/1992 Coll., On securities.
20c) Act no. 248/1992 Coll., On Investment Companies and Investment Funds
, as amended.
20d) Act no. 42/1994 Coll., On pension insurance with state contribution
on amendments to some acts related to its introduction,
amended.
20e) Act no. 87/1995 Coll., On Credit Unions and
some related measures and supplementing Act
Czech National Council no. 586/1992 Coll., On income taxes,
as subsequently amended.
20f) Act no. 363/1999 Coll., On insurance and amending certain
related acts (the Insurance Act), as amended
regulations.
Law no. 58/1995 Coll., On insurance and financing of exports with state
supporting and supplementing Law no. 166/1993 Coll., On the Supreme Audit Office
, as amended.
20 g) Act no. 280/1992 Coll., On Departmental, Professional, Enterprise and
other health insurance companies, as amended.
20h) Act no. 6/1993 Coll., On the Czech National Bank, as amended
regulations.
20i) Act no. 239/2001 Coll., On the Czech Consolidation Agency and amending
some laws (the Czech Consolidation Agency), as amended
.
20j) Act no. 168/1999 Coll., On liability insurance
caused by vehicles and amending some related laws
(law on vehicle insurance), as amended by subsequent legislation
.
20k) Act no. 551/1991 Coll., On General Health Insurance Company
Czech Republic, as amended. ".
70th in § 25 par. 1 point. G), the word "commitments in the development
nominal value taking over cost" is replaced by "commitments
nominal value."
71st in § 25 par. 1 point. a) the word "letters"
replaced by the word "letter" words "ag)" and the words "or such costs are higher than
replacement cost of these assets" is deleted.
72nd in § 25 par. 2 the words "economic results" are replaced
"operating result".
73rd in § 26 par. 4 of the first sentence is deleted.
74th in § 27 para. 1 point. a) the words "maturity," the words
'bonds acquired in primary issues not held by an entity
for trading ".
75th in § 27 para. 1, at the end of subparagraph c) the words "except
public health insurance-22a)."
footnote no. 22a) reads:
"22a) Act no. 48/1997 Coll. on public health insurance, as amended
.
Act no. 280/1992 Coll., On Departmental, Professional, Enterprise, and other
health insurance companies.
Act no. 551/1991 Coll., On General Health Insurance Company
Czech Republic. ".
76th in § 27 para. 1, letter d) including footnote no. 23) reads :
"D) the assets and liabilities when fair value stores
specific legislation ^ 23) this does not apply in cases referred to in paragraph 3
,
23) For example Act No. . 248/1992 Coll., on investment companies and investment funds
, as amended. ".
77th In § 27 at the end of paragraph 1 is replaced by a comma and
letters f) and g), as follows:
"F) the claims which the entity acquired and determined to trading
g) obligations to return the securities that the entity had stolen a moment to
award is not recovered.".
78th In § 27 after paragraph 1 new paragraphs 2 and 3 are added:
"(2) The property referred to in paragraph 1. A) to g) can be measured at fair value
even more than the time specified in paragraph 1
(3) In cases in which commercial Code obliges awards
asset in transforming the company, the assets and liabilities measured at fair value
to the valuation moment, pursuant to § 24 par. 2 point. b). ".
Paragraphs 2 to 5 shall be renumbered 4 to 7
79th In § 27 para. 4, at the end of letter b) a comma and semicolon
replaces the words "the valuation method used to estimate
qualified or expert report must provide a reasonable approximation to the market
value".
80th In § 27 par. 7, the fourth sentence deleted.
81st In § 28 para. 1, first sentence, the word "territorial"
replaced by the word "territorial".
82nd In § 28 para. 1 clauses second and third words "legislation"
replaced by the words "special legislation or implementing laws and regulations
".
83rd In § 28 after paragraph 1 the following paragraphs 2-5 are added:
"(2) The property referred to in paragraph 1 shall be depreciated entity that it
payment or free of charge, provides another person to use particular
basis of a lease or loan agreement, the provisions of paragraph 1 concerning
the loan agreement are not affected.
(3) the assets referred to in paragraph 1 shall be depreciated entity that it
gives another person to use under a financial lease agreement,
amending for the purpose this Act, the provision of property for consideration
into use if the user is authorized or required to use
during or after its completion to acquire title to the property granted by
.
(4) assets listed in paragraph 1 lessee depreciates only if
entitled to charge on this asset and depreciate it based on the contract of lease
company or its part.
(5) An entity that property referred to in paragraph 1
payment or without payment and carry on the technical evaluation of assets on its
account charges for this technical evaluation and depreciates it
in accordance with accounting methods. ".
Existing paragraph 2 is renumbered paragraph 6.
84th In § 29 para. 2 first sentence, the word "species" the words "or
according to the stowed position or materially responsible persons."
85th In § 31 para. 4, the words "d) after the activity" is replaced
"d) to h) before the termination of the obligation to keep accounts."
86th In § 32 para. 4, the words "the relevant Ministry of Finance of the Republic"
replaced by "the Ministry of Finance (the" Ministry ")".
87th In § 33 para. 1, first sentence, the words "paragraph. 4" is replaced by "paragraph.
10".
88th In § 33 par. 3, the third sentence the following sentence "When proving
obligation under the second sentence in the accounting records, which are not labeled
shredding characters for selection or archival records
under a special legal regulation 28) require submission of information carriers (§ 4
par. 10) in its original form. ".
89th In § 33 para. 6 of the first sentence the words "paragraph. 4" is replaced by "paragraph.
10".
90th In § 33a paragraph. 3, second sentence, the words "similar in substance accounting
record in technical form" are replaced by "electronic signature
under a special legal regulation 30a) or equivalent demonstrable
accounting record in technical form."
Footnote. 30a) reads:
"30a) Act no. 227/2000 Coll., On electronic signature and change
some other laws (Electronic Signature Act), as amended
.".
91st In § 33a paragraph. 4 of the first sentence the words "similar evidential accounting record
in technical form" are replaced by "electronic signature by
special legal předpisu30a) or a similar evidential accounting record in
Technical form. "
92nd in § 33a paragraph. 5, the words" the signing of a similar probative accounting
record in technical form "are replaced by" signing
electronic signature according to the legal předpisu30a) or similar
conclusive accounting record in technical form. "
93rd in § 33a paragraph 7 reads:
" (7) a data recording means the accounting record, which is not
signature recorded in accordance with paragraph 4, connected to an accounting record
A) automatically technical means (§ 4 para. 10), or
B) natural persons in accordance with paragraph 9, which allows
unambiguous determination of the technical means or the physical
person. ".
94th in § 34, the existing text becomes paragraph 1 and
following paragraph 2 is added:
"(2) evidential requirements and other requirements set out in paragraph 1 are met
even if if the transfer accounting records made through
third party different from the entities if that person meets the requirements
under special laws. ^ 31). "
95th in § 36 para. 1 fifth sentence after the word" implementing "shall be inserted | || "legal."
96th § 37 including the title and footnotes. 32) and 34) reads:
"§ 37
Penalties
(1) The entity that
A) does accounting, or starts to run from the date determined in accordance with §
paragraph 4. 1-7,
B) the financial statements have not produced or not produced an annual report or compile a
financial statements or not produced an annual report on the day
determined in accordance with § 19 para. 1
C) the financial statements have not produced or not produced an annual report by
International Accounting Standards, although the law had this obligation
provides
D) compile incomplete financial statements
E) review the financial statements or annual report of the auditor, although she
this law such a requirement
F) publish financial statements or annual report
manner prescribed by this Act,
G) violates the obligation to keep for accounting records
H) states false or grossly distorted data in the accounting records and
thereby causing the financial statements or annual report distorts the true picture
subject of accounting, or
I) keeps accounts incorrectly,
shall be fined up to 6% of total assets, in the case of unlawful conduct
under subparagraphs a) to c), or it may impose a fine of up to 3% | || the value of total assets, in the case of infringement under subparagraphs d) to
i).
(2) Consolidating entity that
A) compile a consolidated financial statements or not produced
consolidated annual report or compile a consolidated financial statements
or not produced a consolidated annual report on the day
determined in accordance with § 23 para. 2
B) compile a consolidated financial statements or not produced
consolidated annual report by the International Accounting Standards
though this law had such a requirement
C) compile an incomplete consolidated financial statements
D) review the consolidated financial statements by an auditor or
E) publish consolidated accounts or consolidated annual
report
shall be fined in the amount of 3% of total assets.
(3) Can the value of total assets for the purposes of calculating fines for infringements
under paragraphs 1 and 2 to determine the financial statements for
accounting period in which the violation of legal obligations has occurred, then the || | total amount of assets recorded in the financial statements for the immediately preceding accounting period
. If you can not even see the value of the assets as follows
total, it provides authority to a breach of a legal obligation under discussion
qualified estimate.
(4) In assessing the fine the entity shall reflect the seriousness
infringement, particularly the manner of its commission and its
consequences and the circumstances under which it was committed.
(5) The liability of the entity for the infringement ceases to exist if it
proceedings are not commenced within one year of the date on which the authority competent
to impose penalties on offenses but no later than within 3 || | years from the date when it occurred.
(6) to monitor compliance with obligations under this Act and
imposing fines under paragraphs 1 and 2 in the first instance jurisdiction
JSA in its activities under special legislation ^ 32)
And financial authority to tax administration. ^ 34)
(7) Penalties are levied by local tax authority, which
proceed under a special law. ^ 34)
(8) Decision imposing a fine can be exercised within 5 years after the deadline
intended for its payment.
(9) Income from fines is the income of the state budget.
32) Act no. 531/1990 Coll., On territorial financial authorities, as amended
. Act no. 552/1991 Coll., On state control, as amended
.
34) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "
97th § 37a including the heading reads:
"§ 37a
Fines for enforcement of the obligation
Administrations listed in § 37 para. 6 may by decision impose accounting unit
obligation to remove illegal situation caused by the wrongful conduct
according to § 37 para. 1 and 2. The aggregate amount of fines imposed by the accounting unit to
recovering the fulfillment of this duty may not exceed 6
% of total assets. ".
98th § 37b reads:
" § 37b
The Ministry shall issue regulations to implement the provisions of § 4 para. 8, § 24 paragraph
. 4 and 5, § 28 para. 1 and § 36 para. 1. ". Article II
Transitional provisions 1. The provisions of this Act shall apply for the first time accounting period
began in 2004, unless stipulated otherwise.
second Civic associations, their organizational units ^ 8)
which have legal personality, churches and religious communities 8a ^ )
or religious institutions that are religious legal entity ^ 9)
charitable companies, associations of legal entities, hunting
communities ^ 10), endowment funds, and unit owners, 10a ^) || | which on December 31, 2003 accounts in a single
accounting can keep accounts pursuant to the Act no. 563/1991 Coll., on
accounting, as amended by Act no. 117/1994 Coll., Act. 227/1997 Coll.
Act no. 492/2000 Coll., Act no. 353/2001 Coll., as amended by Article.
I of this Act until 1 January 2005. until this time, the These provisions
existing legislation governing accounting system
simple accounting.
Third § 19 para. 9 and § 23a of Act no. 563/1991 Coll., As amended
this Act shall be used for the first time in the accounting period immediately following
after the accounting period in which they entered the Accession Treaty Czech || | Republic to the European Union enters into force; by this time may
consolidating entity for the preparation and presentation of consolidated financial statements and the consolidated annual report
use International Accounting Standards Board or other
internationally accepted accounting principles and under the conditions laid down
Law no. 563 / 1991 Coll., as amended effective before the effective date of this Act
.
Fourth The provisions of § 20 para. 1 point. a) and b) of the Act no. 563/1991 Coll., as amended
this Act shall first apply to determine the conditions governing the obligation
financial statements audited for the period, which
began in 2004 and later ; by this time apply the provisions of § 20
point. a) and b) of the Act no. 563/1991 Coll., as amended, effective
prior to the effective date of this Act.
Fifth The provisions of § 22 paragraph. 3, paragraphs 2 and 3 of Law no. 563/1991 Coll., As amended
this Act shall first apply to determine the conditions of formation
obligation to consolidate the accounting period, which began in 2004, and | || later; by this time apply the provisions of § 22 paragraph. 3 points 2 and 3
Act no. 563/1991 Coll., as amended effective before the effective date of this Act
.
6th The imposition of a fine under § 37 of Act no. 563/1991 Coll.
the infringement considered the wording of the law in effect at the date
infringement. Proceedings commenced before the effective date of this Act shall
completed under the current legislation.
7th Entities that the date of 31 December 2003
accounts in a single entry accounting system, even if they apply economic
year, are bound to the effective date of this Act to terminate
accounting period and compile reports according to § 15 para. 5 of Act no. 563/1991 Coll.
amended by Act no. 353/2001 Coll., and as of 31 December 2003.
8th Entity in liquidation, the liquidation commenced before 1
January 1993, and state-owned enterprises incurred by Act no. 111/1990 Coll.
State enterprise, if it was decided by Act no. 77/1997 Coll., On State Enterprise
about their abolition, proceed pending its abolition
by Act no. 563/1991 Coll., And He issued the implementing legislation
law, as in force on 31 December 2003.
9th The provisions of § 20 para. 2 and 3 of Law no. 563/1991 Coll., As amended by this
Act shall apply to financial statements prepared after 1 January 2004, including
.
Article III
Authorization to release the full text of the Act
Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 563/1991 Coll., On accounting, as follows from amended.
Article IV
Repealing provisions
The Decree no. 507/2002 Coll., Which implements certain provisions
Act no. 563/1991 Coll., On Accounting, as amended
regulations for the entity records in simple | || accounting.
PART TWO
Canceled Article V
Canceled PART THREE
Canceled Article VI
Canceled PART FOUR
Canceled ARTICLE VII
Canceled PART FIVE
Canceled Article VIII
Canceled PART SIX
Amendment to Act no. 589/1992 Coll., On Social Security and
contribution to the state employment policy
Article IX
In Act no. 589/1992 Coll., On Social Security and
contribution to the state employment policy, as amended by Law no. 10/1993
Coll., Act no. 160/1993 Coll. Act no. 307/1993 Coll., Act no. 42/1994
Coll., Act no. 241/1994 Coll., Act no. 59/1995 Coll., Act no. 118/1995 Coll
., Act no. 149/1995 Coll., Act no. 160/1995 Coll., Act no. 113/1997
Coll., Act no. 134/1997 Coll., Act no. 306/1997 Coll. Law no. 18/2000
Coll., Act no. 29/2000 Coll., Act no. 118/2000 Coll., Act no. 132/2000
Coll., Act no. 220/2000 Coll. Act no. 238/2000 Coll., Act no. 492/2000
Coll., Act no. 353/2001 Coll., Act no. 263/2002 Coll., Act no. 309/2002 Coll
. and Act no. 362/2003 Coll., in § 5a. 1, '
charged in the double-entry "is replaced by" leading ".
PART SEVEN
Amendment to the Act on premiums for general health insurance
ARTICLE X
In Act no. 592/1992 Coll., On premiums for general health insurance
amended by Act no. 10/1993 Coll., Act no. 15/1993 Coll., Law no. 161
/ 1993 Coll., Act no. 324/1993 Coll., Act no. 42/1994 Coll., Act no. 241/1994 Coll
., Act no. 59/1995 Coll., Act no. 149/1996 Coll., Act no.
48/1997 Coll., Act no. 127/1998 Coll., Act no. 29/2000 Coll., Act no. 118/2000 Coll
., Law no. 258 / 2000 Sb., Act no. 492/2000 Coll., Act no. 138/2001 Coll
., Act no. 49/2002 Coll., Act no. 176/2002 Coll. and Act no. 309/2002 Coll
., in § 3a par. 1 of the word "double-entry"
replaced by the word "lead".
PART EIGHT
EFFICIENCY Article XI
This Act shall take effect on 1 January 2004, except the provisions of Article
. I paragraphs 46 and 64, which come into effect on the Treaty of
Czech Republic's accession to the European Union.
Zaorálek vr Klaus vr
Špidla
