Amendment Of The Commercial Code And Other Laws

Original Language Title: změna obchodního zákoníku a dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60146&nr=216~2F2005~20Sb.&ft=txt

216/2005 Coll.



LAW



of 3 July 2003. in May 2005,



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

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

as amended, Act No. 189/1994 Coll., on the higher court

officials, in wording of later regulations, and Act No. 357/1992 Coll., on the

notaries public and their activities (notarial regulations), as amended



Change: 121/2008 Sb.



Change: 89/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



cancelled



Article. (I)



cancelled



PART THE SECOND



To change the code of civil procedure



Article II



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 117/1994

Coll., the Act No. 152/1994 Coll., the Act No. 216/1994, Coll., Act No. 84/1995

Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995

Coll., Act No. 247/1995 Coll., the finding of the Constitutional Court declared under no.

31/1996 Coll., Act No. 142/1996 Coll., the finding of the Constitutional Court declared

under no 269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll.,

Law No. 15/1998 Coll., Act No. 91/1998 Coll., Act No. 165/1998 Coll.

Act No. 326/1999 Coll., Act No. 360/1999 Coll., the finding of the Constitutional Court

declared under the No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000

Coll., Act No 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001

Coll., Act No. 273/2001 Coll., Act No. 317/2001 Coll., Act No. 451/2001

Coll., Act No. 491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002

Coll., Act No. 202/2002 Coll., Act No. 227/2002 Coll., the finding of the constitutional

the Court declared under no. 276/2001 Coll., Act No. 309/2002 Coll., Act

No. 320/2002 Coll., the award of the Constitutional Court declared under no. 476/2002 Sb.

Act No. 88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court

declared under the No 153/2004 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., the Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No.

501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004 Coll., Act No.

628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll. and Act No.

205/2005 Coll., is hereby amended as follows:



1. In section 9 (2). 3 letter a) is added:



"in matters of the commercial register), the register of non-profit

the company, the Foundation register and the register of the community of owners

the units ".



2. In section 9 (2). 3 at the end of the letter) is replaced by a comma in the dot and

following is the letter w), which read:



"w) in matters relating to the hearing of the Assembly of the community of owners of units and

disputes arising out of it. ".



3. In § 120 paragraph. 2 the words "in proceedings in the matters of the commercial register"

shall be deleted.



4. section 200b to 200dc are added:



"section 200b



(1) proceedings are initiated upon the proposal. If it is to be achieved, the match between

in the commercial register and the actual status, the proceedings even without

the proposal.



(2) the withdrawal of a proposal to start is not effective, unless it is a write

fact, whose effectiveness or validity arises under the Special

the legal regulation of the registration in the commercial register.



(3) the courts or other administrative authorities notify the registry court always on

mismatch between the actual situation and the status of the registration in the commercial

register as soon as this fact in their activity comes to light.



§ 200 c



(1) participants in the proceedings, the person who made the proposal, which is

authorized by special legislation, and entrepreneur; the provisions of the

§ 94 paragraph. 1 and 2 shall not apply.



(2) specific legislation establishes which facts are to the business

the register recorded how the proposal to their registration, change or

erasure served and what documents (annexes) must be demonstrated.



§ 200d



(1) the Court rejects the proposal, the resolution if the



and) was filed by a person who is not referred to in the proposal for a special legal

the regulation shall be entitled to,



(b) the proposal was not filed) in the manner prescribed under the specific legal

the regulation,



(c) the proposal does not contain all the essentials) laid down specific legal

Regulation,



(d)) proposal is incomprehensible or vague,



(e)) were not attached to the draft of the Charter, which have to be referred to the Special

the law supported by data of the facts;



the provisions of § 43 shall not apply.



(2) paragraph 1 shall not apply if



and the design was not connected to) the Charter, therefore, that such a Charter by

the law, which governs the foreign person does not issue,



(b) the document was incorrectly marked), or does not meet all the formal

the requirements laid down in a special legal regulation, and provided

that the relevant facts are supported by other documents, which were to

the proposal attached.



§ 200da



(1) if the proposal is rejected under section 200d, the Court performs a write to

the register, if the particulars of the facts, which are written to the

the index, supported by documents, which requires a special legal

Regulation, the company is not interchangeable, where applicable, does not raise the risk of confusion

with the company previously recorded, and it was documented permission to exercise

the enrolling subject (activities); otherwise, the Court rejects the proposal.



(2) the Court shall make the registration in the register referred to in paragraph 1, without issue

the decision, also, if it is a fact that in the register shall be entered

under special legislation on the basis of the decision of the Court or

the Administrative Office.



(3) Without making the decision, the Court also executes the entry in the register of

facts the effectiveness or validity does not occur by

special legal regulation to registration, or

other facts that have a basis in the attached registration, notarial law

provided, that the party is an entrepreneur, and that only

such registration suggested. Notarial record is eligible

the basis for this registration, even if the specific legislation of this form of

the legal act does not require.



(4) in other cases, the Court shall decide on the registration of the resolution. The negotiations

does not need to be ordered.



(5) on the registration of, which refers to the State or a legal person

public law established a special legal regulation, the Court always

shall decide.



(6) the registration Court shall give the date referred to in the proposal, however, as soon as possible on the date of

its implementation. If the Court decided to write about the unesením, the

entry in the register after the final resolution. If it is to be achieved in conformity with the

the actual status, the Court may decide that the registration will be carried out already on the

the basis of an enforceable resolution.



§ 200db



(1) the Court is obliged to make an entry into the register, or decide to

the draft resolution within the time limit set by a special legal regulation, otherwise

no later than five working days.



(2) the period referred to in paragraph 1 shall run from the date of submission of the proposal. If, however, was

court fee paid to the proposal in the course of the proceedings, or if there is

change the design, the time limit referred to in paragraph 1 until the date of payment of the

fee or from the day when the Court reached an amended proposal.



(3) if the Court does not write to the register under section 200da paragraph. 3 and

the draft paragraph, it decides pursuant to section 200da. 4 within the time limit referred to in paragraph 1,

the proposed registration shall be considered as executed on the day following the expiry of the

This period; This does not apply, if before the expiry of this period the proposal taken

effectively back.



(4) an entrepreneur and persons under special legislation

be entered in the register under the registration entrepreneurs may to 1 month

from writing a proposal to seek the deletion of the registration court or changes

a registration effected pursuant to paragraph 3; by default this period cannot be

waived. The provisions of § 200b paragraph. 1 the second sentence shall remain unaffected.



§ 200dc



On the registration carried out according to § 200da paragraph. 3 and § 200db paragraph. 3 the Court

It shall inform the parties to the proceedings by sending them an extract from the register

that contains this entry. Listing them must be sent no later than within 3 days

from registration. ".



PART THE THIRD



cancelled



Article. (III)



cancelled



PART THE FOURTH



The amendment of the law on notaries public and their activities (notarial regulations)



Article IV



In section 80a of the law No 358/1992 Coll., on notaries public and their activities (notarial

regulations), as amended by 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 award

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

declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.

18/2004 Coll., Act No. 235/2004 Coll. and Act No. 284/2004 Coll., on the

the end of the text of paragraph 1, the words ", or if a decision is taken on the

the facts of the public lists, even if the specific legal

the acquisition of such a prescription of a notarial act is not required. ".



PART THE FIFTH



TRANSITIONAL PROVISIONS



Article. In



1. the business register of the proceedings initiated before the date of entry into
the effectiveness of this law shall be completed in accordance with existing legislation.



2. In the period of one year from the date of entry into force of this Act applies,

the period referred to in section paragraph 200db. 1 of the code of civil procedure, as amended by

effective from the date of entry into force of this Act, for the purposes of the registration of

for the deadline be extended for a further five working days, and even in the

If the time limit is extended under section 200db paragraph. 2 of the code of

Code of civil procedure.



3. Until 31 December 2006. December 2006, issue a registration Court on request of the paper always

certified copy of registration of a partial or full or stored in

the collection of documents, or confirmation that the data in the business

the register is not; confirmation or a copy of, or an unauthorized copy or certificate in

electronic form shall not be issued and the provisions of § 28 paragraph. 3 and 5

of the commercial code do not apply. Until 31 December 2006. December 2006 can be a business

Register lead only in paper form; the provisions of section 27. 1 sentence

the second paragraph and section 33. 2 of the commercial code, as amended by the effective date of

the entry into force of this law, shall not apply.



4. a person who satisfies the conditions referred to in section 183i paragraph. 1 of this Act to

the effective date of this Act, may exercise the right of squeeze-out

securities pursuant to section 183i of the commercial code to 183n within three months

from the effective date of this Act, otherwise this right shall lapse.



PART SIX



The EFFECTIVENESS of the



Article VI



This law shall enter into force on 1 January 2005. in July 2005, with the exception of the

the provisions of the first part of the article. And section 183i, 183k, 183l, 183 m and 183n, which

shall take effect on the date of its publication, and with the exception of the provisions of

the third article. (III) points 4 and 5, which shall take effect on 1 January 2005. December

2006.



Zaorálek in r.



Klaus r.



Paroubek in r.