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.
