232/2002 Sb.
DECREE
The Ministry of culture
of 28 June. May 2002,
implementing Act No. 3/2002 Coll., on freedom of religion and
status of churches and religious communities and on amendments to certain laws
(the law on churches and religious societies)
Change: 547/2006 Sb.
Change: 412/Sb.
The Ministry of culture (hereinafter referred to as "the Ministry") determined in accordance with section 29 of the
Act No. 3/2002 Coll., on freedom of religion and the status of churches
and religious communities and on amendments to certain acts (the Act on churches
and religious societies), (hereinafter referred to as the "Act"), the details of and
conditions for the keeping of a register of registered churches and religious
companies register of unions, churches and religious societies, and
The register of registered legal entities (hereinafter referred to as "registers") and patterns
all extracts from the register or registration under the Act:
§ 1
Breakdown registers
(1) the registers are broken down to a public section and a non-public part.
(2) a register of registered churches and religious societies, and
A register of registered legal entities in the areas referred to in paragraph 1
be broken down into folders according to the churches and religious societies and index
registered legal entities on each registered
legal persons. Register of unions, churches and religious societies in the
as referred to in paragraph 1, broken down by unions of churches and religious
companies.
§ 2
The contents of the register of registered churches and religious societies
(1) The public part of the register of registered churches and religious
companies
part A-write these data and their changes:
a) name and address of registered churches and religious societies in the United
Republic,
(b) the number and date of issue) the decision on the registration of churches and religious
the company and the date when the decision has become final,
(c) the name of the Board registered) churches and religious
the company,
(d)) name, surname and date of birth of the members of the Board
registered churches and religious societies and the day of the births and deaths of
their function,
e) way of meeting statutory body of registered churches and religious
the company,
f) subject of general interest, entrepreneurial and other economic activity,
when operated,
g) identification number of the registered churches and religious societies,
h) number and date of decision to grant permission for the performance of
each special rights and the date on which the decision took legal
power,
I) number and date of issue of the decision to cancel the registration of the Church and
religious society, indicating the legal grounds, decisions relating to the entry
into liquidation, bankruptcy and bankruptcy because that property is completely
inadequate, and including information on which this decision became legally
power,
j) name, surname and date of birth of a liquidator,
k) first and last name or business name and registered office of the insolvency administrator,
l) date of termination of registered churches and religious societies,
m) the identification of the legal successors of the churches and religious
the company, if the cancelled the legal successor,
part B-to be classified these documents and their changes:
and registration) proposal for churches and religious societies, indicating the names,
last name and dates of birth of the members of the Preparatory Committee, indicating the agent
the Preparatory Committee with the officially verified signatures of the members of the Preparatory Committee,
(b)) a fundamental characteristic of churches and religious societies, its
learning and mission, which is part of the design and registration of the Church
religious society,
(c)) establishing churches and religious communities on the territory of the United
Republic,
(d)), the churches and religious communities, with the exception of the address
the place of stay or residence, social security number and nationality of the members of
statutory body of churches and religious societies and others,
that may act on behalf of the churches and religious communities, and amount to the
on behalf of the legal acts,
(e) a proposal for granting permission) for the exercise of special rights and declarations
that the activities of churches and religious communities applying for admission
permission to exercise special rights is not contrary to the rule of law, carry out properly
Payables to the State and third parties,
f) lyrics annual reports and financial statements in accordance with the law,
(g)) the document confirming that the obligation of confidentiality in
connection with the exercise of confession or in connection with the performance of
rights of a similar zpovědnímu secrets is a traditional part of the teachings of the Church
and religious communities of at least 50 years, suggests to church confession
the sui generis right to maintain confidentiality in
connection with the performance or the power of confession law
similar zpovědnímu secrets
(h)) to complement the information Ministry challenges proposals on the registration of churches and
religious society, granting permission for the performance of special rights
registered Church and religious society, and on the registration of changes
I) decision of the Ministry about the registration of churches and religious
the company, granting permission to exercise special rights registered
the Church and religious society, registration changes, repealing
the registration of churches and religious societies, and about the cancellation of permission to
the exercise of specific rights of registered churches and religious societies,
(j)) of the Charter, and in the case of liquidation of the churches and religious
the company, a decline of churches and religious societies and the demise of the Church and
religious communities after the cancellation of its registration,
k) decisions of courts to review a decision of the Ministry,
l) an instrument of transfer of rights and obligations of the churches and religious societies on the
different registered Church and religious society with the written commitment
This registered churches and religious societies of acceptance of the rights and
commitments.
(2) to the non-public part of the register of registered churches and religious
companies are classified documents and changes thereto, containing:
and) address of the place of stay or residence, social security number and country of citizenship
the members of the Preparatory Committee,
(b)) of the Charter with the signatures of citizens of the United States or aliens with permanent
residents in the Czech Republic and to espousing the Church religious
the company, together with their personal data, which are part of the
the proposal on the registration of churches and religious societies,
(c)) of the Charter, with the signatures of citizens of the United States or aliens with permanent
residents in the Czech Republic reporting to this church and religious
companies that are part of the application for granting permission for the performance of
specific rights of the registered Church and religious society,
(d) copies of documents) referred to in paragraph 1 containing the address of the place of stay
or place of residence, social security number and nationality of natural persons.
§ 3
The contents of the register of registered legal entities
(1) The public part of the register of registered legal entities are
part A-write these data and their changes:
and the name of the registered legal person) in the Czech Republic,
(b) the number and date of registration) of the registered legal person,
(c) the registered office of the registered legal person) in the territory of the Czech Republic,
(d) statutory authority registered) the designation of the legal entity,
e) name, surname and date of birth of the members of the statutory body registered
the legal person and the date of births and deaths of their functions,
f) way of meeting statutory authority registered legal entities,
(g)) the subject matter of general interest, entrepreneurial and other economic activity,
when operated,
h) identification number of the registered legal person,
even the founder of the registered legal entities),
j) number and date of cancellation of registration of registered legal entities on a proposal from
registered churches and religious societies,
k) number and date of the decision on the cancellation of registration of registered
legal person, stating the legal basis, the decision on the entry into
liquidation, insolvency and bankruptcy because that property is completely
inadequate, and including information on which this decision became legally
power,
l) name, surname and date of birth of a liquidator,
m) first and last name or business name and registered office of the insolvency administrator,
n) the identification of the legal successors of the registered legal person,
If cancelled the legal successor,
o) sunset date registered legal entities,
part B-to be classified these documents and their changes:
and a proposal for a register of registered) of a legal entity in which are of
personal data of members of the Board indicated only their names,
last name and date of birth,
(b)) to complement the information Ministry challenges proposals on the registration of registered
legal persons,
(c) the registered legal entities) the statutes and articles of incorporation of the Special
the equipment registered churches and religious societies,
(d) the decision of the Ministry of) cancellation of registration of registered legal
of the person,
e) of the Charter, and in the case of liquidation of a legal entity, registered
the decline of the registered legal person and its demise after the cancellation of her
evidence,
(f)) decisions of courts to review a decision of the Ministry.
(2) to the non-public part of the Register of registered legal entities are
classified copies of the documents referred to in paragraph 1 containing the address of the place of
stay or residence, social security number and nationality of natural persons.
§ 4
The contents of the register of associations of churches and religious communities
(1) The public part of the register of the Union of churches and religious societies
with
part A-write these data and their changes:
and the name and address of the Union) churches and religious organisations in the Czech
Republic,
(b)) number and date of decision about the registration of the Union of the churches and
religious communities and the date when the decision has become final,
(c) the names of the members of the Union) of churches and religious communities and their settlements,
(d)), the name and address of the statutory authority of the Union of churches and religious
companies,
e) name, surname and date of birth of the members of the Board of the Union of
churches and religious communities and the day of the births and deaths of their functions,
f) way of meeting statutory authority of the Union of churches and religious
companies,
(g)) the object of the Union of churches and religious societies,
h) identification number of the Union of churches and religious societies,
I) number and date of issue of the decision to cancel the registration of the Union of the churches and
religious organisations, stating the legal basis, the decision of
the entrance to the liquidation, bankruptcy and bankruptcy because of the cancellation, that the property is
totally inadequate, and including information on which this decision became
legal power,
j) name, surname and date of birth of a liquidator,
k) first and last name or business name and registered office of the insolvency administrator,
l) sunset date the Union of churches and religious societies,
m) the identification of the legal successors of the Union of churches and religious
companies, if the cancellation of the legal successor,
part B-to be classified these documents and their changes:
and) written memorandum
(b) the statutes of the Union)
(c)) to complement the information Ministry challenges proposals on the registration of the Union
churches and religious organisations and proposals for registration of changes,
(d)) of the registration decision by the Ministry of the Union of churches and religious
by, of registration of changes to de-register a Union of churches and
religious organisations,
e) of the Charter, and in the case of liquidation of the Union of churches and religious
companies, the decline of the Union of churches and religious societies and the demise of the
the Union of churches and religious societies after the cancellation of his registration,
(f)) decisions of courts to review a decision of the Ministry.
(2) non-public part of the Register To the Union of churches and religious
companies are classified copies of the documents referred to in paragraph 1
containing the address of the place of stay or residence, social security number and State
nationality of natural persons.
§ 5
Inspection of registers
(1) Proposals and documents that are fed to the public parts of the registers
the Ministry adjusted so that from the personal data of individuals are
readable only by their name, surname and date of birth.
(2) the Ministry will allow a peek during office hours to the public part of the
the registers and make extracts and copies of them from the public area
registers only in the presence of an employee of the Ministry.
(3) the inspection of the registers shall be requested in writing. The applicant shall state in the
which folders records wants to take a peek.
(4) in the case of multiple applicants, inspection of the registers allows according to the
the date of receipt of the request. For inspection of the registers of the Ministry shall draw up
the record showing the folders in which the registers were accessed and from
that statement was taken.
(5) the Ministry is in connection with the provision of information from the registers
shall be entitled to claim reimbursement of the costs associated with search
information, the acquisition of copies, technical data media and with
by sending information to the applicant. ^ 2)
§ 6
Extracts and certificates of registration and registration
(1) according to the nature of the request is issued by the Ministry:
and an extract from the public part of) the registers, which contains data in force in
the time of the listing or on the set day
(b) a complete listing of the public) parts of the registers, which contains all the
data and their changes
(c) a copy of the text), which is a direct copy of part or all of
document that is stored in the public parts of the registers, the
(d) for a specific Ministry) a confirmation of registration in the registers, or about
such registration in the registers is not,
(e) the original of the extract from letter) and the date of the inclusion of) legal person in the
registers and on the date of entry of the change data to the instrument referred to in point a).
(2) the deposit of an instrument referred to in paragraph 1 are dated copy of the Charter,
the date on which they are issued, an indication of the number of its party, a duty stamp
payment of the administrative fee or a clause of exemption of the administrative
the fee, the stamp of the Ministry with the State emblem, name and
last name of the employee who is his, and his signature. Of the Charter
issued by the State registration in the relevant register, the date of their
or to another designated by the day.
(3) the Charter referred to in paragraph 1 (b). (c)), and (d)) also contains an indication of the
asked about her copy.
(4) an instrument referred to in paragraph 1 are issued only in Czech language. Patterns
documents referred to in paragraph 1 (b). a) and b) are listed in annexes 1, 2
and (3). If in some boxes of documents referred to in paragraph 1 (b). a) and b)
There is no record, it replaces the sentence that these boxes in the relevant boxes
no record is not.
(5) the instrument referred to in paragraph 1. a) to (d)) are issued on the basis of
a written request, to which is attached a duty stamp worth laid down
special legislation ^ 3), and shall indicate:
and) name. name and surname of the applicant and the address of his place of residence on the
the territory of the Czech Republic, where the applicant is a natural person, or applicants
or the name of a legal person, its registered office and registration number,
(b)) the subject of the application, including the specification of the Charter, which the applicant
requires.
(6) a fee for the issue of the Charter referred to in paragraph 1 (b). a) to (d)) shall be governed by
special legislation. ^ 3)
(7) the Ministry may issue an instrument referred to in paragraph 1 (b). (c)), and (d))
containing personal data referred to in the non-public parts of the registers only in
When he makes a special law ^ 2), and the applicant
a legitimate interest.
§ 7
Elektronizovaná form of registers
The electronic form of registers Ministry as a leading registry administrators
and allows access to public data registers in accordance with specific
legislation. ^ 2) ^ 3) ^ 4)
§ 8
Common provisions
(1) the Ministry as part of the registers:
and) the particulars and documents concerning legal persons whose registration or
registration has been cancelled,
(b) proposals for registration), churches and religious societies, associations of churches
and religious communities and on the register of legal persons, which are
do not become legal persons pursuant to the Act, including decisions
the Ministry rejecting proposals and terminating the proceedings,
(c) a register of legal persons) before the effective date of the law, which was led by
under the previous legislation.
(2) in the management of the data and documents referred to in paragraph 1 (b). a) to (c)), and
their public accessibility, proceed according to section 2 to 6.
§ 9
Transitional provisions
(1) Existing evidence of the Ministry set up from 1. 1.1994 by
the Minister of culture of 19 May. 11.1993, no. 8/1993, on the establishment of the register of
legal persons, pursuant to Act No. 308/1991 Coll. on freedom of religious
belief and the status of churches and religious communities, in accordance with § 28 of the
Act as the interim for those legal entities that nedoplnily
statutory details for the compilation of extracts from the registers. These
legal persons are issued in accordance with current accounting sheets
evidence showing their temporal validity by 7. 1.2003.
In the register of legal entities of the Church from the register so far
only those legal entities which are the rules of the legal
persons according to § 6 paragraph 1. 2 of the Act.
(2) for churches and religious societies, which were listed in annex
the previous legislation, the Ministry as the date of registration.
September 1, 1991, when the Act came into effect, and as the number of the registration "308/1991
complete with serial number, under which the Church and religious
the company listed in the annex to the previous legislation ".
(3) a registered Church and religious society referred to in the annex to
the law, in accordance with section 28 of the Act on the registration of the amendments to the Ministry of design
the basic document of Church and religious society, which contains
all the data according to § 10 para. 3 of the Act, with the exception of the data according to § 10
paragraph. 3 (b). (e)), in the order of the letters section 10(4). 3 of the Act.
(4) the Ministry on the basis of other supporting documents of the registered Church and
the religious community on the exercise of certain specific rights under section 7 of the
paragraph. 1 of the law and its own verification of the conditions prescribed by law pursuant to section
28 para. 1 recorded in the register of churches and religious communities
permission to the exercise of specific rights under § 7 para. 1
the law. As the registration date of the granting of permission to perform a specific
rights 7 date will be noted. in January 2002, when the law took effect, and
as the number of the registration number 3/2002 complete with serial number, under the
which is the Church and religious society listed in the annex to the law.
(5) if they are not accompanied by information concerning legal persons according to the law for
copies of extracts from the registers under the Act to a 7. January 2003,
the Ministry is to this date the shifts in the registers with the designation "DETAILS
ACCORDING to the LAW HAVE NOT YET BEEN ADDED "and proceed in accordance with § 28 para. 4
and 5 of the Act.
(6) to the existing register referred to in paragraph 1, from 7. January 2003
not taken into account.
§ 10
The effectiveness of the
This Decree shall take effect on the date of publication.
Minister:
Dostál v. r.
Annex 1
Extract from the register of registered churches and religious societies
Annex 2
Extract from the register of associations of churches and religious societies
Annex 3
Extract from the Register of registered legal entities
Selected provisions of the novel
Article II of Decree No. 547/2006 Sb.
Transitional provision
Legal persons that have been registered on the date of entry into force of law No.
495/2005 Coll. in the registers maintained under Act No. 3/2002 Coll., on
the text of the Constitutional Court declared under # 4/2003 Coll. and Act No.
562/2004 Coll., are pending the completion of data according to art. (II) Law No.
495/2005 Coll. in the registers shall be kept provisionally without these data, with the
in the registers and lists of them will be listed in the appropriate sections of the text
"IT is SUPPLEMENT the LAW LAID DOWN to 23. December 2006 ". If these are not
data supplemented within the time limit laid down on the basis of article. (II) Act No. 495/2005
Coll., the Ministry of culture shall be indicated in the relevant sections of the registries and the
extracts information "the INFORMATION ACCORDING to the LAW HAVE NOT BEEN ACCOMPANIED by a" and
procedure referred to in article 14(2). (II) points 3 and 4 of Act No. 495/2005 Sb.
2) Act No. 106/1999 Coll., on free access to information, as
amended.
3) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.
4) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws.