185/Sb.
LAW
of 11 December 1997. June 2013,
amending Act No 312/2006 Coll., on insolvency administrators, in
as amended, Act No. 182/2006 Coll., on bankruptcy and how to
his solution (insolvency law), as amended, and the law
No 634/2004 Coll., on administrative fees, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the law on insolvency administrators
Article. (I)
Act No. 309/2006 Coll., on insolvency administrators, as amended by Act No.
108/2007 Coll., Act No. 296/2007 Coll., Act No. 124/2008 Coll., Act No.
41/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No.
420/2011 Coll. and Act No. 428/2006, is amended as follows:
1. In paragraph 1, at the end of subparagraph (c)) dot replaced with a comma and the following
the letter d), which read as follows:
"d) supervision over the activities of the insolvency practitioner and hosting
the insolvency administrator. ".
2. In article 2, paragraphs 3 and 4, including footnote No. 10 shall be added:
"(3) hosting the insolvency administrator is a national of a Member
State of the European Union, the Member States of the agreement on the European economic
area or the Swiss Confederation (hereinafter referred to as "Member State"), which
carries on the activity of the insolvency administrator in another Member State and has a
the right to temporarily or occasionally ^ 10) carry on business insolvency
the controller on the territory of the Czech Republic.
(4) a visiting the insolvency administrator is further understood to include foreign
the company, which provides the same guarantee liability of shareholders as
public company and that carries on the activity of the insolvency
Administrator in another Member State and has the right to temporarily or occasionally
conduct the business of the insolvency administrator in the territory of the Czech Republic.
10) Act No. 222/2009 Coll., on freedom to provide services, as amended by Act No.
247/2006.
Act No. 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
3. in article 2, the following new paragraph 2a, which including the title reads as follows:
"§ 2a
Sensitive activities
For sensitive activities according to the law on the protection of classified information and on the
Security is considered to be the performance of the activities of the insolvency
the administrator of the debtor under § 3 para. 2. ".
4. in section 3, paragraph 1 reads:
"(1) the right to carry on business of the insolvency administrator created the day of acquisition
the legal force of the authorization to practise of the insolvency administrator (hereinafter referred to as
"authorisation"). ".
5. In section 3, paragraph 3. 2, after the words "special Act" ^ 3 ")" the words "without
regardless of the method of the solution of the debtor's bankruptcy "and the words" or
special permit hosting of the insolvency administrator "shall be deleted.
6. Footnote 2 reads as follows:
"2) § 2 (b). k) Act No. 182/2006 Coll., as amended by Act No. 139/2011
Coll. ".
7. In paragraph 3, the following paragraph 3 is added:
"(3) a public company not yet registered in the commercial register
the right referred to in paragraphs 1 and 2 on registration of public business
the company, which has been granted a permit or special permit, to
commercial register. ".
8. section 4, including headings:
"The issue of permits and special permits
§ 4
Proposal for a physical person
(1) proposal of a natural person to issue the permit or special permit
must contain the
and) its name or names, and surname, permanent residency, and if he does not
permanent residence, habitual residence (hereinafter referred to as "permanent residence"), the State
citizenship, place of birth, social security number, and does not have a social security number, date of
birth,
(b) the indication of the address that) has its registered office, and be
(c) the registration number of the certificate) exam of the insolvency administrator
or a specific examination of the insolvency administrator.
(2) the application under paragraph 1 shall be accompanied
and demonstrating compliance with the terms and conditions) proof of education pursuant to section 6 (1). 1 (b).
(b)),
(b) proof of compliance with conditions) liability insurance
According to § 6 paragraph 1. 1 (b). (f)); This does not apply if at the same time with the proposal
on the issue of the permit or special permit natural persons given to a proposal from the
a public company or foreign company to which this
natural person subscribed the declaration pursuant to § 5 para. 2 (a). and)
(c)) the conditions of integrity, proof that the corresponding extract from the
Register of criminal records or similar evidence issued by other States, in which
the last 3 years resided continuously for more than 3 months, which
must not be older than 90 days; in recognition of the document issued by the competent
authority of another Member State, under a special legal
prescription ^ 4),
d) documents proving the fulfilment of the conditions of professional practice under section 6 (1). 1
(a). (e)), and
e) proof of payment of an administrative fee.
(3) Attorney, tax advisor or auditor to design joins confirmation
the relevant Chamber stating that is registered in the list of lawyers, list
tax advisors, auditors ' list; the notary attaches a document that has been
appointed as a notary.
(4) the proposal for a physical person to issue a special authorization must be on
accompanied by a certified copy of the document on security of natural
person or natural person certificate. ".
9. in § 5 para. 1 introductory part of the provisions for the word "permit"
the words "or special permit".
10. in § 5 para. 1 at the end of subparagraph (c)), the words "If the
proposed issue of the permit or special permit public business
the company entered in the commercial register, ".
11. in § 5 para. 1 at the end of paragraph (d) is replaced by a comma and dot)
the following point (e)), which read as follows:
"e) reference number enabling the advertised companion or reference number
special permission of the advertised Companion. ".
12. in section 5, paragraphs 2 and 3 shall be added:
"(2) an application under paragraph 1 shall be accompanied
and the Declaration announced partnership) that will perform the operation
insolvency administrator pursuant to § 3 (2). 1 or the operation of the insolvency
the administrator of the debtor under § 3 para. 2 only in the context of public business
the company or foreign company; the signature of the advertised companion
must be officially verified,
(b) proof of compliance with conditions) liability insurance
pursuant to section 8 (2). 1 (b). (c)), and
c) proof of payment of an administrative fee.
(3) an application under paragraph 1 shall be further connected to the social
the contract, if it is proposed to issue the permit or special permit
the public company has not yet registered in the commercial register. ".
13. in section 6 (1). 1 letter c) is added:
"(c)) has carried out an examination of the insolvency practitioner,".
14. in section 6 (1). 1 letter e) is added:
"e) exercised for at least 3 years of professional experience in the field of
performance-related features of the insolvency administrator, in particular in the area of
law, economics, tax advice, accounting, audit or management
the enterprise ".
15. in section 6 (1). 2 (a). and the word ") and" is replaced by "(a). and), (b)),
(d)), e) and (f)), ".
16. in section 6 (1). 2 at the end of subparagraph (b)), the dot is replaced by "a" and
the following point (c)), which read as follows:
"(c)) meets the prerequisites for performance sensitive activities according to the law of
the protection of classified information and security. ".
17. in paragraph 6 of the paragraphs 3 and 4 are added:
"(3) the conditions referred to in paragraphs 1 and 2 shall be regarded as having been complied with,
If they have been recognised by the Ministry under a special legal regulation ^ 4).
(4) a permit or a special permit may be issued to a natural person
the Ministry only in the case that at the date of filing of the application, not older
than 6 months from the date of exam or specific test
the insolvency administrator. ".
18. in section 6 shall be inserted after paragraph 4, paragraphs 5 and 6 are added:
"(5) the validity of the authorization is limited to a period of 5 years from the date of acquisition of legal
can permit. On the basis of an application for renewal of an authorisation, in which
the insolvency practitioner shall provide evidence of payment of the administrative fee, with the time
the permit is extended by 5 years. Administrative fee must be
paid by the last day of validity of the permit.
(6) the validity of a specific authorization is limited to a period of 5 years from the date of
legal force of a specific authorization. Executing specific tests
the insolvency practitioner in the last 12 months of validity of the Special
the duration of the permit special permit extended for 5 years. ".
The present paragraph 5 shall become paragraph 7.
19. in paragraph 6, the following paragraph 6a is inserted:
"§ 6a
(1) the Ministry shall, on a proposal to enable the person that died
the right to exercise the activities of an insolvency administrator pursuant to § 12 para. 2, for
the conditions pursuant to section 6 (1). 1 and 3 in the event that the application for a permit
was filed within 3 months from the date of termination of the right to carry on business
insolvency administrator pursuant to § 12 para. 2.
(2) the application for authorisation referred to in paragraph 1 shall contain the
requirements referred to in section 4, paragraph 4. 1 and the draft document shall be attached in accordance with § 4
paragraph. 2 (a). b), c) and (e)).
(3) the authorisation referred to in paragraph 1 shall be limited in accordance with § 6 para. 5. ".
20. section 7, including the title reads as follows:
"section 7 of the
Integrity
(1) the condition of integrity under section 6 (1). 1 (b). (d)) does not meet the physical
person,
a) which has been finally convicted of an offence committed in
connection with the performance of the function of the insolvency administrator or
sentencing for another offense, if this crime
threatens confidence in the proper performance of the functions of the insolvency administrator, if the
It does not look as if he has not been convicted,
(b)) that the insolvency court in the last 5 years before the application
rejected the request for remission of the remainder of its debt,
(c) the bankrupt has been) in the insolvency proceedings to a final decision,
(d)) that has been in the last 5 years, a statutory body or a member of the
the statutory body of the legal person, which has been in bankruptcy
insolvency proceedings to a final decision,
(e)), which takes an obstacle to the performance of the statutory authority,
a member of the statutory body or other body of a legal person
an entrepreneur,
(f)) which has been in the last 5 years before the application was cancelled
permit or a special permit according to § 13 para. 2 or
companies disestablished in law on the basis of the decision under section 34, or
(g)) which has been in the last 5 years the advertised companion public
the business of the company or foreign company, if this
the company canceled the permit or special permit according to § 13
paragraph. 2 or it disappeared right on the basis of the decision under section 34.
(2) the condition of integrity under section 8 (2). 1 (b). (d)) does not meet the public
a company or foreign company,
a) which has been finally convicted of an offence committed in
connection with the performance of the function of the insolvency administrator or
sentencing for another intentional crime, if the crime
activity threatens confidence in the proper performance of the functions of the insolvency administrator,
If it does not look as if he has not been convicted, or
(b)) which has been in the last 5 years before the application was cancelled
permit or a special permit according to § 13 para. 2 or
companies disestablished in law on the basis of a decision under section 34. ".
21. section 8 including the title reads as follows:
"section 8
The issue of permits and special permits public companies and
foreign companies
(1) on a proposal from the Ministry shall issue the authorisation of a public company
or a foreign company
and that has announced a partner) who has been granted a permit,
(b)) which announced a companion made a statement according to § 5 para. 2,
(c)), having a contract at their own expense on the liability insurance
damage and
(d)) that is irreproachable.
(2) on the proposal of the Ministry shall issue the special permit for public business
the company or foreign company,
and) which satisfies the conditions referred to in paragraph 1 (b). b) to (d)), and
(b)) that has announced a shareholder who has been issued with a special permit.
(3) in order to demonstrate the integrity of the legal entity's Ministry of
requests under special legislation ^ 4a) extract from the register
Criminal records. An application for a statement of convictions, and
an extract from the criminal register shall be communicated in electronic form, and
This way allowing remote access.
(4) the conditions referred to in paragraphs 1 and 2 shall be regarded as having been complied with,
If a public company or foreign company meets the
equivalent requirements for acquisition of the right to carry on business insolvency
Administrator in another Member State. This fact is required to the public
a company or foreign company to the Ministry.
(5) the permit or special permit referred to in paragraphs 1 and 2 also contains
the designations announced a companion or companions. "reported.
22. under section 8a, the following new section 8b, which including the title reads as follows:
"§ 8b
Release of the new permits, and a new special permit public business
the company or foreign company
(1) the Ministry shall, on a proposal from the new licence or special fishing permit
the insolvency practitioner in case of a change in the person of the announced partnership
or in the number of reported partners.
(2) the provisions of this Act on the elements of the application for a permit
or specific permission of a public company or a foreign
companies related to the announced partnership applies to a proposal by the
paragraph 1 shall apply mutatis mutandis.
(3) the Ministry shall issue a new permit or a special permit
the insolvency practitioner if one of the partners declared extinct
the right to exercise the activities of the trustee or any of the reported
ceased to be a companion to a public company or a foreign
society. ".
23. in § 9 para. 1 at the end of the text of subparagraph (c)) the following words ", performance
the constitutional protection of healing or the performance of security detention ".
24. in § 9 para. 1, the following point (d)) the following point (e)), which read as follows:
"e) the date of application of the decision, which he has been sentenced
the disqualification, as a result of the insolvency practitioner cannot work
the insolvency practitioner to perform ".
Subparagraph e) to (g)) are known as the letters f) to (h)).
25. in § 9 para. 1 at the end of subparagraph (g)) the comma is replaced by a dot and the
letter h) shall be deleted.
26. in article 9, paragraph 3 shall be deleted.
27. in section 10, paragraph 1 reads:
"(1) the Ministry may decide to suspend the right to carry on business
the insolvency practitioner an insolvency practitioner,
and) against which criminal prosecution for an offense committed in
connection with the exercise of the activity of the insolvency administrator or for another
an intentional criminal act, if this crime threatens confidence in the ordinary
the performance of the functions of the insolvency administrator, and not later than the date on which the legal
the decision, which this procedure ends; If the insolvency
Administrators for that offence is liable to a penalty, protective treatment or
security detention, suspension of the right to carry on business
the insolvency practitioner an insolvency practitioner expires on acquisition of legal
the decision of the Ministry about cancellation of the authorisation to practise
insolvency practitioner,
b) if the insolvency proceedings in progress, in which his decline are handled,
or imminent decline, until the effective date of the decision,
which this procedure ends; If it is determined the bankruptcy insolvency
Administrator, suspension of the right to carry on business of the insolvency administrator
the insolvency practitioner shall expire on the acquisition of the decision
the Ministry about cancellation of the authorisation to pursue the activity of insolvency
Administrator, or
(c)) if the proceedings for his competence to perform legal acts,
no later than the date on which the decision establishing this control
ends. ".
28. in the introductory part of the provisions of paragraph 12, the words "Administrator"
"insolvency practitioner".
29. in paragraph 12, at the end of subparagraph (f)), the comma is replaced by a dot and the letter g)
is hereby repealed.
30. In paragraph 12 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the right to carry on business of the insolvency administrator pursuant to § 3 (2). 1
also, the insolvency practitioner shall lapse on the expiry of 5 years from the date of acquisition of legal
can enable the practise of the insolvency administrator, unless
renewed procedure pursuant to section 6 (1). 5.
(3) the right to carry on business of the insolvency administrator of the debtor under § 3
paragraph. 2 shall cease the insolvency practitioner also the expiry of 5 years from the date
legal force of a specific authorization to pursue the activity of insolvency
the administrator, unless the validity of the special permit extended procedure
According to § 6 paragraph 1. 6. ".
31. section 13 including the title reads as follows:
"section 13
The cancellation of the permit or special permit
(1) the Ministry shall revoke
and the insolvency practitioner), which does not meet any of the conditions
According to § 6 paragraph 1. 1 or under section 8 (2). 1, or
(b)) special permit the insolvency practitioner, that does not meet any of the
the conditions pursuant to section 6 (1). 2 or pursuant to section 8 (2). 2.
(2) the Ministry may cancel the permit or special permit
the insolvency practitioner who has been
and the Ministry has repeatedly granted the sanctions) under section 36b; the Ministry of
in doing so, shall take into account in particular the nature of the broken obligations, the number and
the nature of the sanctions granted by the Ministry and the time that elapsed between the
the violation of the individual's duties, or
(b) the insolvency court repeatedly granted) sanctions according to the insolvency
the law; in so doing, the Ministry shall, in particular the nature of the broken
obligations, the number and nature of penalties awarded by the Court and the insolvency
time that has elapsed between the violation of the individual obligations. ".
32. section 14 including the title reads as follows:
"section 14
Information obligation of the insolvency administrator
(1) the official receiver shall inform the Ministry of all the facts,
that can lead to the suspension of rights under section 9 or section 10, the right to
under section 12, or to cancel the permit or special permit according to § 13
paragraph. 1; and it shall, without delay, but not later than 15 days from the date on which the
the operative event occurred.
(2) the official receiver shall inform the Ministry about the change of registered information
in the list, if there is no change to the information Ministry is aware of his own
activities, and submit proof of change of this information; and it shall, without delay,
However, at the latest, within 15 days from the date of the operative event occurred.
(3) the official receiver shall submit to the Ministry annually document
demonstrating compliance with the terms of the contract of insurance
for the damage. "
33. § 17 including the title reads as follows:
"§ 17
Breakdown and content of the list
(1) the list is broken down into the part of the General and special section.
(2) to the General section of the list of natural persons shall be entered separately, public
the trading company and a foreign company, which is entitled
conduct the business of the insolvency administrator, and later visiting the insolvency
Administrators who have the right to temporarily or occasionally to carry on business
the insolvency administrator.
(3) in a special section of the list of natural persons shall be entered separately,
a public company and a foreign company, which was founded
the right to exercise the activities of the debtor's insolvency administrator pursuant to § 3 (2).
2, and also visiting the insolvency administrators, who have the right to temporarily or
occasionally conduct the business of the debtor's insolvency administrator pursuant to section
3 (2). 2.
(4) in each of the sections of the list is the appropriate person to be entered in the
alphabetical order. ".
34. In paragraph 19 (1):
' (1) in the framework of the information identifying the insolvency administrator to list
writes,
and in the case of) a natural person, the name or names, first and last name,
permanent residence, date of birth, address, if different from the Permanent
the stay, granted by the administrator of the basic identification number registry
people ^ 4b), information on educational achievements and an indication of the address of the professional practice,
(b)) in the case of a public commercial company or foreign company,
her business name, registered office, or the location of the organizational unit,
the identification number, the name or names, and surname, date of
birth of her announced Companion. ".
35. In § 24 para. 1 (b). and after the word ") (b))" the words "and (e)),".
36. In § 24 para. 2 the second sentence, after the words "insolvency tests
the administrator ", the words" the applicant has paid the fee, which the Ministry of
for enabling iteration of this test in the amount of $ 7,000, and it ".
37. In section 24, the following paragraphs 4 and 5, including the footnotes
No 11 and 12 are added:
"(4) a person who fails to appear for the exam of the insolvency administrator, may 5
days from the date of the meeting in writing ask the Ministry to enable it to
its execution in another term. The Ministry will allow the exam
insolvency administrator on a different date to the applicant that his non-participation
properly and duly apologised, showed serious reasons for their non-participation ^ 11) and has paid the
the fee for the Ministry to allow the execution of this test on a different date
in the amount of 7 000 CZK.
(5) a person who fails to appear for the exam of the insolvency administrator in another
the term may, within 5 days from the date of the meeting request in writing
the Ministry, in order to enable it to perform in another of her spare time.
The Ministry will allow the insolvency practitioner exam in another
the replacement of the term to the applicant that his non-participation properly and timely apologize,
prove reasons of special consideration worthy of his non-participation ^ 12) and has paid the
the fee for the Ministry to allow the execution of this test in another
the replacement of the term in the amount of $ 10,000.
11) § 11 (1) 2 Decree No. 312/2007 Coll., on content and other
elements of tests of insolvency administrators, as amended
regulations.
12) § 11 (1) 3 Decree No. 312/2007 Coll., as amended
regulations. ".
38. section 25, including title and footnotes Nos. 5 to 8 shall be deleted.
39. In § 26 para. 1 introductory part of the provisions, the number "3" is replaced by
the number "6".
40. in section 26 para. 1 (b). and the words "or) differential test
insolvency administrator "shall be deleted.
41. In section 26 para. 2, the words "and 3" shall be replaced by the words "to 5".
42. Chapter five including title and footnotes # 13:
"CHAPTER FIVE
VISITING THE INSOLVENCY PRACTITIONER
section 27 of the
(1) on the basis of a notification under section 36a of the law on the recognition of professional
the qualification of the Ministry immediately writes the national
Member State to the General section of the list.
(2) on the basis of the notification under section 36a of the law on the recognition of professional
qualification and after presentation of proof that the security competence referred to in
the Act on protection of classified information and the security of the eligibility
the Ministry immediately writes the national of a Member State to
a special section of the list.
(3) the notification referred to in paragraphs 1 and 2 must also include the indication of the address
for service on the territory of the Czech Republic.
(4) to the list will not be written to a national of a Member State to which
in the last 5 years were lost right decision pursuant to § 34.
section 28
(1) For registration of foreign companies into the General section of the list applies
the provisions of § 27 para. 1 and 3 apply mutatis mutandis, with the provisions of section 36a of the law on
recognition of professional qualifications shall apply in relation to the foreign
the company appropriately.
(2) for the registration of a foreign company in a special section of the list applies
the provisions of § 27 para. 2 and 3 apply mutatis mutandis, with the provisions of section 36a of the law on
recognition of professional qualifications shall apply in relation to the foreign
the company appropriately.
(3) the list shall not be registered foreign company that in recent
5 years died right on the basis of the decision under section 34.
section 29
Entry on the list
(1) for the hosting of the insolvency administrator to the list of written
and the information identifying that hosts) of the insolvency administrator,
(b)) an indication of the document certifying that the applicant is established in the Member State
the origin of the ^ 13),
(c)) date of registration to the list,
(d) suspension of rights) indication of the temporary or occasional exercise
the activity of the insolvency administrator,
e) an indication of the right to temporarily or occasionally to carry on business
the insolvency practitioner and the
f) change the data registered by letter a) to (d)).
(2) For entering the data referred to in paragraph 1 (b). (d)), and (e)) § 21 and 22
by analogy.
section 30
An indication identifying the hosting of the insolvency administrator
In the framework of information identifying that hosts the insolvency practitioner will
shall indicate the
a) in the case of hosting the insolvency administrator pursuant to § 2 (2). 3, its
the name or names, and surname, residence, social security number, and
If it is not allocated, date of birth,
(b)) in the case of hosting the insolvency administrator pursuant to § 2 (2). 4, its
form, business name, address, identification number, or other similar
an indication of the name or names, first and last name, social security number, and if it is not
granted, the date of birth of all members, and
(c)) the address for service on the territory of the Czech Republic.
section 31
In the context of data about the document certifying that the applicant is established in the Member
State of origin ^ 13), shall be indicated
and the authority) the Member State which issued the document, and
(b)) the validity of and date of issue of the document.
§ 32
Suspension of rights temporarily or occasionally to carry on business
the insolvency practitioner
(1) the Ministry may decide to suspend the rights temporarily or
Occasionally, a practise of the insolvency administrator hosting
insolvency practitioner,
and) against which criminal prosecution for an offense committed in
connection with the exercise of the activity of the insolvency administrator or for another
an intentional criminal act, if this crime threatens confidence in the ordinary
the performance of the functions of the insolvency administrator, and not later than the date on which the legal
the decision, which this procedure ends,
(b)) if proceedings concerning the competence to perform legal acts,
no later than the date on which the judicial decision establishing the
the proceedings are terminated, or
(c)) was on the territory of another Member State, proceedings for winding
permission to carry on business of the insolvency administrator under the law of
of that Member State, until the date on which the judicial power
the decision establishing the procedure ends.
(2) the right to temporarily or occasionally to carry on business insolvency
the administrator shall be suspended on the date of issue of the decision. The Ministry shall publish
an indication of the suspension of the rights of the insolvency administrator to exercise their activity in
the list on the day it was released.
§ 33
Termination of the right to temporarily or occasionally to carry on business insolvency
Administrator
(1) the right to temporarily or occasionally to carry on business insolvency
the administrator shall cease hosting the insolvency practitioner,
and if it stops) meet the conditions for temporary or occasional performance
the insolvency practitioner activities on the territory of the Czech Republic, or
(b)) if the facts referred to in § 12 para. 1 (b). a) to (e)).
(2) the right to temporarily or occasionally to carry on business insolvency
the administrator of the debtor under § 3 para. 2 shall cease hosting insolvency
Administrators also ceases to fulfil the conditions for the exercise of sensitive activities
According to the law on the protection of classified information and security
eligibility.
§ 34
The Ministry may decide about the right to temporarily or occasionally
to carry on business of the insolvency administrator or the rights of a temporary or
occasionally conduct the business of the debtor's insolvency administrator pursuant to section
3 (2). 2 where was hosting an insolvency practitioner
and the Ministry has repeatedly granted the sanctions) under section 36b; the Ministry of
in doing so, shall take into account in particular the nature of the broken obligations, the number and
the nature of the sanctions granted by the Ministry and the time that elapsed between the
the violation of the individual's duties, or
(b) the insolvency court repeatedly granted) sanctions according to the insolvency
the law; in so doing, the Ministry shall, in particular the nature of the broken
obligations, the number and nature of penalties awarded by the Court and the insolvency
time that has elapsed between the violation of the individual's duties.
§ 35
Information obligation of visiting the insolvency practitioner
(1) Visiting the insolvency practitioner shall inform the Department of any
facts that may lead to the suspension of rights under section 32 or
the extinction of the rights under section 33; and it shall, without delay, but not later than 15 days from the
the date on which the operative event occurred.
(2) Visiting the insolvency practitioner shall inform the Ministry about the change data
registered in the list, if there is no change in the information Ministry, known from his
activities, and submit proof of change of this information; and it shall, without delay,
However, at the latest, within 15 days from the date of the operative event occurred.
(3) Visiting the insolvency practitioner shall submit to the Ministry in the case of
reusing the notification under section 36a of the law on the recognition of professional qualifications
document proving the fulfilment of the conditions for the conclusion of contracts of insurance
liability for damage.
13) § 36a para. 5 (b). (b)) Law No 18/2004 Coll., as amended by Act No.
52/2012 Sb. ".
43. Chapter six including the title reads as follows:
"CHAPTER SIX
SUPERVISION
section 36
(1) the Ministry exercises supervision over the insolvency practitioners and
visiting the insolvency practitioners.
(2) the Ministry of
and) supervise whether the insolvency practitioner and visiting insolvency
Administrator complies with the conditions for the pursuit of the activity of the insolvency administrator and the
fulfils the obligations laid down in this Act,
(b)) to determine whether the information provided by the insolvency administrator, and visiting
insolvency administrator correspond to the facts, in particular whether the seat of the registered
in the list is the place in which it actually carries on the insolvency practitioner
activity, and
c) examines the factors which may lead to the procedure according to § 13 para. 2
(a). (b) or section 34 (a)). (b)).
§ 36a
(1) the courts and other authorities shall send without delay a copy to the Department of
decisions on matters that affect the duration of the right to carry on business
the insolvency administrator or hosting of the insolvency administrator.
(2) for the purposes of assessment of the facts, which have an influence on the duration of the rights
conduct the business of the insolvency administrator or hosting of the insolvency
the administrator shall be entitled to consult the Ministry of those parts of the legal or
administrative file that contains these facts, if do not result
from the final decision of a court or administrative authority.
(3) the Ministry may require in accordance with specific rules ^ 4a) an extract from the
criminal records in the case of the existence of a reasonable suspicion of
populate the provided for the cancellation of the permit or special permit
According to § 13 para. 1. An application for a statement of criminal records
an extract from the criminal register shall be communicated in electronic form,
in a way allowing remote access.
(4) the Ministry ensures the exchange of information on the activities of visiting
the insolvency practitioner and the measures of the criminal law or administrative
nature with the competent authorities of other Member States.
section 36b
Administrative offences
(1) the insolvency practitioner is guilty of an administrative offense, by
and does not inform the Ministry about the facts) according to § 14 para. 1,
(b)) does not inform the Ministry about the change in the data entered in the list or
He provides evidence of change this data according to § 14 para. 2,
(c) the Ministry once a year) do not submit evidence demonstrating compliance with
conditions of contract for liability insurance in accordance with § 14
paragraph. 3, or
(d)) does not like its headquarters, a place in which it actually carries on the activity
pursuant to section 19 para. 2.
(2) Visiting the insolvency practitioner is guilty of an administrative offense, by
and does not inform the Ministry about the facts) according to § 35 para. 1,
(b)) does not inform the Ministry about the change in the data entered in the list or
He provides evidence of change this data according to § 35 para. 2, or
(c) the Ministry once a year) do not submit evidence demonstrating compliance with
conditions of contract for liability insurance in accordance with § 35
paragraph. 3.
(3) an administrative offence is saved
admonition or fine) to 100 000 CZK in the case of an administrative offence under the
paragraph 1 (b). b) or c) or paragraph 2 (b). b) or c)
(b)) or a fine to the upbuilding of the 200 000 CZK in the case of an administrative offence under the
paragraph 1 (b). and) or d) or paragraph 2 (b). and).
section 36 c
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
circumstances in which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the Ministry initiated proceedings about him within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under this law in the first instance hearing
by the Ministry.
(5) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected and enforced by the Ministry in accordance with the tax code.
§ 37
(1) the content and other elements of the test of the insolvency administrator and the way
proof of professional experience shall lay down by Decree of the Ministry.
(2) the content and other essentials special tests of the insolvency administrator
the Ministry shall issue a decree, in agreement with the authority which is competent to
to carry out controls or oversight over the activities of financial institutions
special mode ^ 2), trader in securities, Central
the depositary, the operator of a securities settlement system, the organizer of the market
investment vehicles, investment companies, investment fund
pension companies or pension fund. ".
Article. (II)
Transitional provisions
1. the insolvency practitioner who has been granted a special permit or
special permit hosting of the insolvency administrator prior to the date of acquisition
the effectiveness of this law, may not meet the prerequisites for performance-sensitive
activities according to the law on the protection of classified information and security
eligibility for a period of 12 months from the date of entry into force of this Act.
2. A natural person who has submitted a written request for an exam to
the effective date of this Act, may not satisfy the condition pursuant to § 6
paragraph. 1 (b). e) of the Act No 312/2006 Coll., in the version in force from the date of
entry into force of this Act.
3. A natural person who has carried out a test, exam or diff.
Special Exam of the insolvency administrator before the date of entry into force of
This law, may not satisfy the condition pursuant to § 6 paragraph 1. 4 of law No.
312/2006 Coll., in the version in force from the date of entry into force of this Act,
where the application for a permit or a special permit to exercise
the activity of the insolvency administrator within a period of 6 months from the date of acquisition
the effectiveness of this Act.
4. The validity of the authorisation to pursue the activity of the insolvency administrator
has to be able to before the date of entry into force of this Act, is
limited to a period of 5 years from the date of entry into force of this Act.
The insolvency practitioner with special permission, which came into force
before the date of entry into force of this Act, the right to exercise
the activity of the insolvency administrator pursuant to § 12 para. 3 the expiry of 5 years from the
the effective date of this Act.
5. A natural person who has carried out a special examination of the insolvency administrator
before the date of entry into force of this Act, the Department shall cancel the Special
authorisation pursuant to § 13 para. 1 (b). (b)) Act No 312/2006 Coll., as amended by
effective until the date of entry into force of this Act. The Ministry will allow this
person to perform the Special Exam, if you have passed from the date of execution of the
special tests for more than 4 years. If the insolvency practitioner cancelled
authorisation pursuant to § 13 para. 1 (b). (b)) Act No 312/2006 Coll., as amended by
effective until the date of entry into force of this Act, apply for the purposes of the performance of
the function of the insolvency administrator of the debtor under § 3 para. 2 his right
conduct the business of the insolvency administrator has been terminated by operation of law.
6. If in Act No 312/2006 Coll., in the version in force from the date of acquisition
the effectiveness of this law, given the concept of a test of the insolvency administrator,
This means also differential test undertaken by the insolvency administrator
in accordance with Act No 312/2006 Coll., on insolvency administrators, as amended by
effective until the date of entry into force of this Act.
PART TWO
Amendment of the Bankruptcy Act and the ways of its solution (insolvency law)
Article. (III)
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended by Act No. 309/2006 Coll., Act No. 108/2007 Coll., Act
No 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act
No 458/2008 Coll., Act No. 7/2009 Coll., Constitutional Court
declared under the No 163/2009 Coll., Act No. 217/2009 Coll., Act No.
228/2009 Coll., Act No. 285/2009 Coll., Constitutional Court
the declared under no. 241/2010 Coll., Constitutional Court declared under
No 260/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act
No 73/2010 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act
No 458/2007 Coll., Act No. 466/2011 Coll. and Act No. 167/2012 Coll.,
be amended as follows:
1. in section 24 para. 2, the words ' of its members ' shall be replaced by ",
through which the activity executes the insolvency practitioner ^ 60) ".
Footnote No. 60:
"60) § 5 para. 1 (b). (d)) of the Act No 312/2006 Coll., on insolvency
managers, as amended. ".
2. In § 25 para. 1, after the words "in articles 21 to 24" the words "and the paragraph
3. "
3. In article 25, the following paragraph 3, including footnote # 9a
added:
"(3) For insolvency proceedings, in which the bankrupt for resolves
which has the right to carry on business insolvency practitioner means a person registered
in a special section of the list, according to the law on the insolvency administrators ^ 9a),
the President of the insolvency court insolvency administrator that person without
regardless of the method of resolving the bankruptcy.
9A) Act No 312/2006 Coll., on insolvency administrators, as amended by
amended. ".
4. In article 28, the words "section 21 to 24" the words "and § 25 para. 3. "
5. in section 29 para. 2, after the words "section 21 to 24" the words "and § 25 para.
3. "
6. In article 31, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the insolvency administrator, which disappeared from the law the right to exercise
the activity of the insolvency administrator or was suspended according to the law
the law on the insolvency administrators ^ 9a), the insolvency court may, on a proposal from
the insolvency administrator or the debtor, the creditor authority or without
This proposal dismissed. If circumstances permit, it shall do so
After hearing of the insolvency administrator; the proposal submitted will decide without delay.
(4) the insolvency administrator to whom a permit has been cancelled or you
its right to disappear temporarily or occasionally to carry on business
the insolvency practitioner based on the decision of the Ministry under the law on
insolvency administrators ^ 9a), the insolvency court withdraw from the function.
The insolvency practitioner appointed by the procedure provided for in § 25 para. 3
the insolvency court of function, even if he was cleared of the Special
permit or ceases to have the right to temporarily or occasionally
conduct the business of the debtor's insolvency administrator pursuant to § 3 (2). 2
the law on the insolvency administrators ^ 9a) on the basis of the decision of the Ministry of
under the law on insolvency administrators ^ 9a). ".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
7. In § 32 para. 2 the second sentence, the words "3 and 4" shall be replaced by "5 and 6".
8. In paragraph 313 para. 2, the second sentence is replaced by the phrase "he must
pass the remaining assets of the debtor, to ensure activities of the accounting and
professional document management ^ 61) arising out of the activities of the debtor, or
from the activities of its legal predecessors, and other activities related to the
cancellation of bankruptcy. "
Footnote # 61:
"61) § 2 (b). k) of law no 499/2004 Coll. on Archives and records
service and amending certain laws, as amended by Act No 190/2009 Sb. ".
PART THREE
Amendment of the Act on administrative fees
Article. (IV)
Act No 634/2004 Coll., on administrative fees, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.
361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.
186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.
38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.
182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.
239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.
297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.
312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.
41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No.
206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
291/2009 Coll., Act No. 301/2009 Coll., Act No. 306/2009 Coll., Act No.
346/2009 Coll., Act No. 420/2009 Coll., Act No. 129/2010 Coll., Act No.
148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No.
343/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2010 Coll., Act No.
105/2007 Coll., Act No. 133/2007 Coll., Act No. 134/2007 Coll., Act No.
152/2001 Coll., Act No. 188/2007 Coll., Act No. 245/2007 Coll., Act No.
249/2011 Coll., Act No. 255/2007 Coll., Act No. 262/2007 Coll., Act No.
300/2011 Coll., Act No. 308/2011 Coll., Act No. 329/2007 Coll., Act No.
344/2007 Coll., Act No. 349/2007 Coll., Act No. 350/2011 Coll., Act No.
357/2010 Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll., Act No.
428/2007 Coll., Act No. 457/2011 Coll., Act No. 458/2007 Coll., Act No.
472/2010 Coll., Act No. 19/2009 Coll., Act No. 37/2009 Coll., Act No.
53/2009 Coll., Act No. 119/2009 Coll., Act No. 169/2009 Coll., Act No.
172/2009 Coll., Act No. 202/2012 Coll., Act No. 225/2012 Coll. and act
No 274/2009 Coll., is amended as follows:
1. in annex V, part I, item 10 (a). e), the words "the entry in the list
insolvency practitioners "shall be replaced by the words" the issue of permits or special
authorisation in accordance with the law on the insolvency administrators ".
2. in annex V, part I, item 10 including the footnotes # 9a and 9b
added:
"Item 10
and the receipt of the request for extradition) dump-$ 100
from criminal records
(b)) the issue of the domestic law of the CZK 2 000
(c)) to perform identification and authentication-$ 200
instrument of identification of ^ 9a)
(d) the receipt of the request for recognition) or Eur 1 000
the issue of the recognition of equivalence
the achievement of the basic document, the Middle
or higher vocational education
obtained in a foreign school
e) entry on the list of insolvency administrators CZK 5 000
(f) the receipt of the request for renewal) enable CZK 5 000
under the law on insolvency administrators
(g)) entry on the list of arbitrators ^ 9b) EUR 5 000
h) receipt of a request for entry in the $ 5 000
mediators
Note:
For the acceptance of applications for the issue of the statement of criminal records at the
the Czech Embassy, fee Czech Embassy
According to item 162 of this tariff. If the extract from the register Index
penalties issued by a public administration contact point ^ 26), selects the administrative
the fee provided for in point (a)) this item contact point public
Administration. The administrative fee is his income.
9A) Act No. 253/2008 Coll., on certain measures against the legalization of
the proceeds of crime and terrorist financing.
9B) § 35 et seq. Act No. 216/1994, Coll., on arbitration proceedings and enforcement of
arbitration awards, as amended. ".
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Němcová in r.
Zeman in r.
Nečas in r.
